Terms and conditions for website usage
Introduction
CBET (Pty) Ltd, A company registered in Botswana, CO. 2000/5503 (herein after referred to as the “Company”) provides you, its services via its website, www.themidweeksun.co.bw, (herein after referred to as "Website").
In General
The Company owns and operates the Website. This document governs your relationship with the Company via the Website. Access to and use of the Website is subject to the following terms, conditions and notices (the "Terms of Service"). By using the Website, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services. This website may contain links to other websites (the "Linked Sites"), which are not operated by the Company. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at www.themidweeksun.co.bw
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic /video images, trademarks, names, logos and service marks) made available to you on or through the Website remains the property of the Company or its licensors. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without any prior permission from the Company.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any of the Linked sites.
Linking to this Website
You may link to our home page (Website), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
Terms of Sale
By placing an order you are offering to purchase a product on the Website and subject to the following terms and conditions:
1. All orders are subject to approval and confirmation of the advertisement content.
2. Please allow up to forty-eight (48) hours for your order to be confirmed.
3. In order to contract with the Company you must be over 18 years of age and possess a valid credit or debit card issued by an acceptable bank/institution. The Company retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be the Company or may in some cases be a third party. Where a contract is made with a third party, the Company is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
4. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
5. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. All prices advertised are subject to changes. If we discover an error in the price of any goods/services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
7. The Company Ltd uses a third-party provider, namely: Virtual Card Services (vcd.co.za) to handle online payments for the Company services and or products. Virtual Card Services terms and conditions are viewable at the following links:
8. By clicking on the “I AGREE” button or a similar affirmation or by acknowledging acceptance of the Agreement by any other method allowed by the Company, or by using or accessing the Transaction Services through any means permissible including, without limitation via a computer or a mobile application, Customer acknowledges and agrees that:
- They have reviewed and understand the Agreement;
- They have agreed to be legally bound by the terms and conditions of the Agreement;
- And the Transaction Services and any related products or services will be governed by this Agreement.
If Customer does not agree or is not willing to be bound by the terms and conditions of this Agreement, Customer should not click on the “
I AGREE” button and should not seek to obtain or use the Transaction Services.
Public Forums and User Submissions
The Company is not responsible for any material submitted to the public areas by you (which include Classifieds Ads, bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Company. The Company reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Company’s and/or a third party computer system and/or network;
- violate any copyright, trade mark, other applicable laws in Botswana or international or intellectual property rights of the Company or any other third party;
- Submit content containing marketing or promotional material which is intended to solicit business.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, the Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Indemnity
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Waiver
If you breach the Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Company. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Company.
