Before YOU visit or access materials provided at the Eureka Search.co.za website (referred to herein as “Service” or “Website”), individuals are required to read and acknowledge with acceptance of the desired Terms and Conditions of Access, It’s Use and Membership (being the “Agreement”)
PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING TO PROCEED INTO THE WEBSITES.
1. Binding Agreement. This Agreement is made and entered into by and between YOU, a person desiring to access and make personal use of the materials appearing in the website (“YOU”), and Eureka Search (Pty) Ltd, the owner and operator of Eurekasearch.co.za websites (“COMPANY”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by YOU and COMPANY, and further in access to or otherwise taking advantage of the services and materials provided by “Service”, YOU agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this Agreement, COMPANY grants YOU a non-exclusive, but wholly revocable license, with access to the web site. This Agreement is subject to change by COMPANY without notice and at any time, and changes are effective immediately.
2 Local and International Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN “SERVICE” (COLLECTIVELY REFERRED TO HEREIN AS “CONTENT”) ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF (TWENTY ONE (21) IN ALL JURISDICTIONS, and or ALL OTHER JURISDICTIONS WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL OR INTERNATIONAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE WORLD OR AND ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF TWENTY ONE (21) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF “SERVICE
3. Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the “Content”) contained in “Service” is protected under the laws of copyright, owned or under license to COMPANY or its designees, and represents proprietary and valuable intellectual property. YOU cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by COMPANY. Upon becoming a subscriber AND OR member of the website, the COMPANY grants YOU a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content. YOU agree that YOU shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the COMPANY does not authorize such access, viewing, downloading, receipt or other use. YOU do hereby acknowledge and agree that no materials from any parts of “Service” are authorized, and no materials are intended, by the COMPANY to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas designated as PROHIBITED AREAS below. YOU agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from “Service” , in which YOU are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of “Service” and potentially other’s intellectual property rights and other rights in such materials and shall further constitute a violation of COMPANY’s trademark and other rights, including, but not limited to, rights of privacy.
PROHIBITED ACCESS AREAS All of the following areas constitute PROHIBITED AREAS from which no part of “Service” may be accessed, viewed, downloaded or otherwise received:A. All parts of the countries who have laws prohibiting access. B. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials at “Service” would, or could reasonably, constitute a violation of any law, regulation, rule or custom. YOU shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content, directly or indirectly in places where COMPANY does not authorize such access, viewing, downloading, receipt or other use, including but not limited to “Restricted Areas.” As used herein, “Restricted Areas” means the following geographical areas: Any nation, state or province or portion thereof where the access, viewing, downloading or any other use of the Content would, or could reasonably, be a violation of any civil or criminal law, governmental regulation or court decision.
1 .Regular Member Subscriptions.
Credit Card Subscriptions:YOU hereby authorize the credit card processing agent of COMPANY, as disclosed on the “join page” of “Service”, through which YOU purchase access to the Service), to place a hold on your account for the amount of the monthly membership fee. Rates of Your subscription To (“Service”) will be automatically renewed as detailed on the “join page” at the time of joining, and your credit card (or other approved facility and or card) will be charged at the then-current subscription rate and or Exchange rate unless you notify the COMPANY that you wish to cancel your subscription no less than three (3) hours prior to the end of the preceding billing period. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement as detailed on the “join page” at the time of join. This site is for advertising and advertising purposes only and results cannot be guaranteed.You hereby further authorize the credit card processing agent of COMPANY, as disclosed on the “join page” of “Service”, to charge Your credit card (or any other approved facility) for any and all purchases of products, services and entertainment made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to COMPANY for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to COMPANY for liquidated damages. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach (es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.Check Subscriptions: You hereby further authorize online check/ACH processing agent of COMPANY, as disclosed on the “join page” of “Service”, to charge your checking account (or any other approved facility) for any and all purchases of products, services and entertainment made by you through the Service. You agree not to report as lost or stolen any checking account which you have used in conjunction with payment to COMPANY for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to COMPANY for liquidated damages. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
2.ID and Password. Upon becoming a member of “Service”, COMPANY’s authorized processor will provide YOU with a unique ID and password which allows access to the website. The ID and password are, and shall remain, the sole and exclusive property of COMPANY, and are issued to YOU in the form of a revocable license. The ID and password are confidential and proprietary material of COMPANY. YOU have a strict obligation to keep the ID and password confidential. Should the confidentiality of either YOUR ID or password, or if either becomes, or YOU have reason to believe that either may have become, compromised or learned by a person other than YOU, YOU must immediately so inform COMPANY via e-mail. Remember YOUR ID and password, because COMPANY cannot and will not release that information to anyone, including YOU, for any reason.
3.Accurate Credit Card Information. If the address or any other information pertaining to YOUR credit card/cards is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if YOUR credit card is lost or stolen, YOU must immediately inform COMPANY via e-mail. YOUR failure to do so is a material breach of this Agreement, and, in the event of YOUR failure to so notify COMPANY, YOU disclaim any and all responsibility for charges posted to a lost or stolen credit card.
4.Security Breach. YOUR subscription cannot be assigned or transferred to any other person or entity. YOU must promptly inform COMPANY of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until COMPANY is notified, by conventional mail or electronic mail of a breach in YOUR account’s security, YOU will remain liable for any unauthorized use of the Service.
YOU at least 21 years of age ;
YOUR personal and credit card information, provided to the COMPANY in connection with YOUR free trial and/or membership subscription is true and accurate in all respects and YOU will promptly notify the COMPANY of any changes in that information;
You will not bookmark the Website so as to bypass these terms and conditions of service unless you have read, understood and agreed thereto.
YOU will not permit any other person or entity to have access to YOUR password or ID and YOU will at no time authorize, permit or assist any other person, including but not limited to persons who are minors, access to the Service.
Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF THE COMPANY WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOU’R SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH’S MEMBERSHIP FEE. COMPANY is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any materials, data, advertisement or other communication at or through the website.
Termination of Membership.The Service may be terminated by COMPANY at any time, with or without cause. In such event, YOU agree to be personally liable for all charges incurred by YOU during or through the use of “Service”. YOU shall remain liable for such charges after termination of YOUR access rights to “Service” for any reason. YOU may terminate YOUR Subscription to the Service at any time, and without cause, upon notification of the other by electronic or conventional mail, or by telephone or by filling out the UN SUBSCRIBE form. You agree to be personally liable for all charges incurred by you during or through the use of “Service” until the COMPANY receives proper notice of your cancellation and cancellation will be effective at the end of the then current month of your membership. Your liability for such charges shall continue after termination of your membership for any reason. In the event a Refund is issued to YOU, the Refund will be in the form of a credit to the credit card that was charged for YOUR purchase; Refunds are not made in the form of cash, cheque or free services.
Advertising Messages. COMPANY does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through “Service”. YOU are advised to use YOUR own judgment to evaluate all advertisements and other communications available at or through the use of “Service” prior to purchasing goods and/or services described therein or otherwise responding to any communication at “Service”.
Subscriber Communications. If the COMPANY should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using “Service” or other services provided to you by COMPANY. Transmission of such material or any material that violates any countr, federal, state, or local law or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling COMPANY to immediately terminate all rights to access to “Service” . You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through “Service” even if a claim should arise after termination of service. If the COMPANY provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access “Service” and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the COMPANY provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to COMPANY directly can be read by the operators and/or other agents of COMPANY, whether or not they are the intended recipient(s). .
1.Notices. Notices from “Service” to Subscribers may be given by means of e-mail, by general posting on “Service”, or by conventional mail. Communications from you to the COMPANY may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to “Service” may be sent in the following manner: by means of electronic mail at email@example.com. “Service” is not affiliated with any COMPANY or organization other than as set forth above. No inference of association or affiliation with, or endorsement by any COMPANY or organization is intended or should be inferred.
Prohibition of Unsolicitied “Spam” Email. All visitors, customers, employees and affiliates of this site are strictly prohibited from sending unsolicited email, or “spam”, either advertising for or using the site’s name, URL, image or likeness in any way. You also may not use other website users’ information, whether private or not, to send unsolicited commercial messages of any kind.
Associate Websites. The “Service” is offered through and accessible through a number of other websites in addition to this particular website. By registering with this “Service” you acknowledge and accept that all content that you post to this website may be searchable and available to users of the “Service” who access it via different websites from this website and may be accessible on websites other than this website. You further acknowledge and accept that other members of the “Service” that you may view and communicate with via the “Service” may have registered with and accessed the “Service” through a number of different websites. COMPANY makes an effort to ensure that members of the “Service” are not connected with other members that may be inappropriate and therefore apply various classifications to the various web sites that provide access to the “Service”. By registering with the “Service” you acknowledge and accept that COMPANY may apply certain classifications to your profile due to your accessing the “Service” via this website and may use such classifications to restrict:
the availability of communication between yourself and other members of the “Service”;
the availability of your details to other members of the “Service”.
Arbitration/Class Action Waiver. The parties agree that and any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the International and or Country Arbitration Act in conformity with the Rules and Procedures as established by the World/Country Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed. The parties agree that the issue of arbitrator ability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision and contained herein and shall be self-executing and shall remain in full force after expiration or termination of this Agreement.
Entire Agreement. This Agreement contains the entire agreement between the Subscriber and COMPANY regarding Subscribers’ use of the Service, Content and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by COMPANY. Each party confirms that it has not relied upon any representation not expressly set forth herein to enter into this Agreement. A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time(s). This Agreement shall be governed by and construed under the laws of the World and or relevant country, without regard to conflict of law principles. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination..
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS WHEN USING TE WEBSITES AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO “SERVICE”. BY SELECTING THE “SUBSCRIBE” BUTTON YOU INDICATE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 21 YEARS (21
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, ARE NOT OVER 21 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, YOU SHOULD NOT JOIN.