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Terms and Conditions

The use of this site is expressly conditioned on the user's acceptance of the following terms and conditions:

Detailed description of services:

Virtual Planet Marketing Agency is a business in the advertising industry that markets and sells online Internet advertisements through http://www.virtualgardenroute.co.za/ ; http://www.virtualgauteng.com/ ; http://www.virtualfreestate.co.za/ ; http://www.virtualwesterncape.co.za/ ; http://www.virtualeasterncape.co.za/ ; http://www.virtualnatal.co.za/ ; http://www.virtuallimpopo.co.za/ ; http://www.virtualmpumalanga.co.za/ ; http://www.virtualnamibia.co.za/ ; http://www.virtualwestcoast.co.za/  (hereafter called Virtual Planet Websites) and trading as Virtual planet Marketing Agency.

Use of the Property-, Business- or Accommodation Listing service:
Virtual Planet Marketing Agency does not make any representations or warranties with respect to any classified listings made available on or via this Web Site or with respect to any advertisements, messages, information, or materials contained in such listings. You acknowledge and agree that your use of, or reliance upon, any such advertisements, messages, information, or materials is at your sole risk and expense.

Virtual Planet Marketing Agency does not, and can not, review all of the advertisements, information and materials provided by its users and shall not be responsible for the contents of any such advertisements, messages, information, or materials. Virtual Planet Marketing Agency reserves the right to delete, move, or edit any advertisements, messages, information, or materials that it determines, in its sole discretion, violate this agreement or its policies or are otherwise unlawful, inappropriate, or unacceptable.

To the extent that you use this site, you represent, warrant, and covenant that you will:

•a.      comply with the site policies promulgated by Virtual Planet Marketing Agency;

•b.      be solely responsible for your use of this site and any advertisements, messages, information, and materials provided by you;

•c.      advertise or offer to sell goods or services of any kind only through our listing system and nowhere else on the site; and

•d.      not upload, post, publish, or transmit any advertisements, messages, information, or materials that:

•1.      restrict or inhibit any other user from using and enjoying the Web Site,

•2.      are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent,

•3.      constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law,

•4.      violate or infringe the rights of Virtual Planet Marketing Agency or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity),

•5.      constitute or contain false or misleading indications of origin or statements of fact,

•6.      contain software or any other commercial materials or information,

•7.      contain any viruses or other harmful component.

By uploading, posting, publishing, or transmitting any advertisements, messages, information, or materials in connection with Virtual Planet Marketing Agency, you hereby grant to Virtual Planet Marketing Agency and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.

Use of our services by minors:
Minors are forbidden to use our services and we ask that minors do not submit any personal information to us. If you are a minor, you can use this service only in the presence of a parent or guardian.

Buying Items Listed on the Site:
Virtual Planet Marketing Agency is not the seller of the items listed on our site. Any transaction you enter into is solely between you and the seller of the item. As a buyer, you are obligated to complete the transaction with the seller when there is an agreement between you and the seller for the purchase of an item listed in our classified ads. Please use caution, common sense and practice safe trading when using our site.

Advertisement placing policy:

All placed advertisements including business directory listing, event advertisements, article placements and classified advertisements is subject to approval by Virtual Planet Marketing Agency and receipt of payment from the advertising client. Requests will be processed within 2 days  and placement of the advertisement confirmed by way of a confirmation email to the client's email address as entered by the client. All indicated costs is a fully inclusive cost for the applicable advertisement and includes VAT at 14%

Return and Refunds policy:

The provision of goods and services by Virtual Planet Marketing Agency is subject to availability of the Website.  In cases of unavailability, Virtual Planet Marketing Agency will refund the client in full within 30 days.  Cancellation of orders by the client will attract a 50 % administration fee as signed on the booking form.

Payment options accepted:

Payment may be made via:

•1.       Visa or MasterCard

•2.        Bank transfer into the Virtual Planet Marketing Agency bank account, the details of which is indicated on the mailed or printed invoice.

Merchant Outlet country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.  Transaction Currency is South African Rand (ZAR).

Country of domicile:

This website is governed by the laws of South Africa and Virtual Planet Marketing Agency chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Physical address: 1A Wright Street, Camphersdrift, George, South Africa, 6529

Variation:

Virtual Planet Marketing Agency may, in its sole discretion, change this agreement or any part thereof at any time without notice.

General website use disclaimer

•a.  The management of Virtual Planet Marketing Agency reserves the right to control the quantity of any item offered for sale. The information contained within this site has been furnished by applicable Tourism Offices, users of the site, local business and professionals who have opted to pay a fee to display business listings and who agree to comply with all applicable laws, as well as observing recognized professional codes of conduct.

•b.  Virtual Planet Marketing Agency makes no claim as to the accuracy of the information and shall not be held liable for inaccurate disclosures.

•c.  Information supplied to Virtual Planet Marketing Agency will not be used for anything other than its solicited business practice.

•d.  Although Virtual Planet Marketing Agency maintains a high standard of accuracy in all documentation, Virtual Planet Marketing Agency does not accept responsibility for any currency fluctuations, inadvertent omissions, errors or inaccuracies presented on this website or affiliated websites.

•e.  Use of this site is of the users own personal accord.

•f.   All information available on this website is subject to change without prior notice.

•g.  Laws applicable to this site are the laws governed from the republic of South Africa. Any discrepancies which arise will be jurisdiction under the South African legal system.

•h.  This site is not designed for use by people regarded as irresponsible by age / manner or being.

•i.    Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and the user agrees to abide by such other terms and conditions.

•j.   In no event shall Virtual Planet Marketing Agency or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, strict liability, or otherwise, which arises out of or is in any way connected with:

•1.      Any use of this site or content found herein,

•2.      Any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing).

•3.      The performance or non performance by Virtual Planet Marketing Agency or any third party providers.

Use and License:

Virtual Planet Marketing Agency licenses the user to view and print the content of the Virtual Planet Marketing Agency website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view and print this agreement for legal and/or evidential purposes.

Content from the Virtual Planet Marketing Agency website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Virtual Planet Marketing Agency.

Users may only access, browse and use the Virtual Planet Marketing Agency websites for legitimate personal or commercial purposes and may not use the Virtual Planet Marketing Agency websites for:

  1. Harmful purposes
  2. Illegal Purposes
  3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
  4. The creation, storage and sending of unsolicited commercial communications
  5. Hyperlinks to the Virtual Planet Marketing Agency websites from any other source shall be directed at the home page of the particular website. Links beyond the Virtual Planet Marketing Agency websites home pages may be used but the user is still subjected to the terms and conditions.
  6. E-mail addresses, names, telephone numbers and fax numbers published on the Virtual Planet Marketing Agency websites (including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.
  7. All licences and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Virtual Planet Marketing Agency at any time without prior notice or reasons.

Rights to Intellectual Property:

 All intellectual property on the Virtual Planet Marketing Agency websites, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Virtual Planet Marketing Agency and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User, all other rights to intellectual property on the Virtual Planet Marketing Agency websites are expressly reserved.

 No person may use logos, icons or trade marks from the Virtual Planet Marketing Agency websites as hyperlinks or other purposes without prior written consent from Virtual Planet Marketing Agency.

Privacy:

•a.      Virtual Planet Marketing Agency shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

•b.      Virtual Planet Marketing Agency may electronically collect, store and use the   following personal information of Users:

•1.      Name and surname;

•2.      Street address;

•3.      Postal address;

•4.      Title;

•5.      Contact numbers;

•6.      Non-personal browsing habits and click patterns;

•7.      E-mail address;

•8.      IP address

•9.      Website access passwords

                 

•c.      Virtual Planet Marketing Agency collects; stores and uses the abovementioned

information for the following purposes:

 

•1.      Communicate requested information to the User;

•2.      Provide services to the User as requested by the User;

•3.      Authenticate the User;

•4.       Compile non-personal statistical information about browsing habits, click patterns and access to the Virtual Planet Marketing Agency websites.

Security:

•a.      Virtual Planet Marketing Agency shall take all reasonable steps to secure the content of the Virtual Planet Marketing Agency websites and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Virtual Planet Marketing Agency do not make any warranties or representations that content shall be 100% safe or secure.

•b.      Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Virtual Planet Marketing Agency websites or the server and computer network that support the Virtual Planet Marketing Agency websites.

•c.      Not withstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Virtual Planet Marketing Agency websites, whether on purpose or negligently, shall, without any limitation, indemnify and hold Virtual Planet Marketing Agency harmless against any and all liabilities, damages, risks and losses that Virtual Planet Marketing Agency and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.

•d.      Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Virtual Planet Marketing Agency websites and Virtual Planet Marketing Agency reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

Liability:

Virtual Planet Marketing Agency (including its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

•a.      access to the Virtual Planet Marketing Agency websites;

•b.       access to websites linked to the Virtual Planet Marketing Agency websites;

•c.       inability to access the Virtual Planet Marketing Agency websites;

•d.       inability to access websites linked to the Virtual Planet Marketing Agency websites;

•e.       content available on the Virtual Planet Marketing Agency websites;

•f.          services available from the Virtual Planet Marketing Agency websites;

•g.       products available from the Virtual Planet Marketing Agency  websites;

•h.       use of content from the Virtual Planet Marketing Agency websites;

•i.         any other reason not directly related to Virtual Planet Marketing Agency's gross negligence.

•j.        Virtual Planet Marketing Agency websites is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Virtual Planet Marketing Agency, that the content available from and through the Virtual Planet Marketing Agency websites meet the User's individual requirements and is compatible with the User's computer hardware an/or software.

•k.        Information, ideas and opinions expressed on the Virtual Planet Marketing Agency websites should not be regarded as professional advise or the official opinion of Virtual Planet Marketing Agency and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Virtual Planet Marketing Agency websites.

•l.          Virtual Planet Marketing Agency does not make any warranties or representations that the Virtual Planet Marketing Agency websites shall be available at all times. Users acknowledge that the Virtual Planet Marketing Agency websites may be unavailable due to updated or other causes beyond the reasonable control of Virtual Planet Marketing Agency, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God"

General:

•a.      It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Virtual Planet Marketing Agency websites to perform searches for advertisers on the Virtual Planet Marketing Agency websites.

•b.      Virtual Planet Marketing Agency reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justifications:

•2.        change these terms and conditions;

•3.         change the content and/or services available from the Virtual Planet 

      Marketing Agency websites;

•4.         discontinue any aspect of the Virtual Planet Marketing Agency websites

      or service(s) available from the Virtual Planet Marketing Agency websites

•5.      and/or change the software and hardware required to access and use the

     Virtual Planet Marketing Agency websites.

•6.      Users are encouraged to report untrue, inaccurate defamatory, illegal

     infringing and/or harmful content available from the Virtual Planet

     Marketing Agency website to Virtual Planet Marketing Agency and

     Virtual Planet Marketing Agency undertakes to correct and/or remove such

     content or any part thereof if the person reporting such content provided

     reasonable grounds to prove the alleged nature of the content.

c. These terms and conditions constitute the entire agreement between Virtual Planet Marketing Agency and the User and shall take precedent over any disclaimers and/or postings received by Virtual Planet Marketing Agency from the User.

•d.      Any failure by Virtual Planet Marketing Agency to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

•e.      In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) and condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

•f.         The user and Virtual Planet Marketing Agency agree that:

•1.      the User shall be bound to these term and conditions and such agreement is concluded in George (South Africa) at the time the User enters the Virtual Planet Marketing Agency websites for the first time;

•2.       Electronic signatures and encryption are not required for valid electronic communications between the User and Virtual Planet Marketing Agency websites.

•3.      Virtual Planet Marketing Agency shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

 
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Terms and Conditions

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Contact Details

 

Heinz Oellrich

 

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