Social Path | Master terms and conditions of use Social Path
The Agreement authorises you to make use of the Website and App specified in clause 1 below. This is a licence agreement and not an agreement of sale. Social Path will own the software at all times.
Master terms and conditions of use Social Path
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MASTER TERMS AND CONDITIONS OF USE 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY WHICH MAY APPEAR IN CAPITAL LETTERS.

 

Introduction

 

The Agreement authorises you to make use of the Website and App specified in clause 1 below. This is a licence agreement and not an agreement of sale. Social Path will own the software at all times.

 

Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the confirm button while installing, downloading, and /or using the Software, you agree to the terms and conditions of this agreement. If you do to agree to all the terms and conditions of this agreement, promptly click the Do Not accept button, and cancel the installation or downloading. YOU AGREE THAT YOUR USE OF THE WEBSITE OR APP ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE OR APP.

 

  1. Definitions

 

The words and/or phrases used in these Terms of Use, the Platform and the Website or App will have the following definitions:

 

  • Additional Agreements” mean collectively referred to as all related agreements, documents, registration forms, service agreement, rules and SLAs this document and such other rules and policies of the Website or App and any contradiction between the Additional Agreements and these Terms, these Terms will prevail;
  • Social Path” or “Platform” means the digital marketing software products, services and solution Website or App named Social Path and the unique Platform and Services it offers to Client or Users;
  • Client or User or User” means a registered client or User of Social Path or a user which request a quote or login user of the Platform;
  • Privacy Policy” means the policy regulating privacy for the Use of the Social Path, the Website or App and the Service and can be accessed at Social Path.co.za/privacy-policy;
  • Services” mean the Social Path Platform, software, products and any other services we offer;
  • Terms” mean this End-User Master Terms and Conditions of Use of the Website or App which govern your access to and use of the Services. The Terms of Use help ensure that our Services work smoothly for the Supplier, Reseller and all other users;
  • Website or App” means the site and the Application for Social Path making available the Services;
  • “Software” means collectively, Services, app providing services, all content of the software under this agreement, including the object code form of the software; and Upgrades, modified versions, updates, additions, and copies of the software, if any, in respect to which the rights are granted to you under this agreement.

 

  1. Application and Acceptance of the Terms

 

  • The Terms are a legally binding agreement between you as the Users (as published from time to time) and the trading vehicle for Social Path entity, namely Social Path (Pty) Ltd. (also referred to “we” as the context allows), so please read them carefully before using the Services.
  • By accessing the Website or App or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Website or App if you do not accept all of the Terms and Additional Agreements.
  • You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Social Path, or (b) you are not permitted to receive any Services under the laws of South Africa or other countries / regions including the country / region in which you are resident or from which you use the Services.
  • You acknowledge and agree that Social Path may amend any Terms at any time by posting the relevant amended and restated Terms on the Website or App. By continuing to use the Services or the Website or App, you agree that the amended Terms will apply to you.
  • You will be required to enter into an Additional Agreement, whether online or offline, with Social Path or other Users. If there is any conflict or inconsistency between these Terms and the Additional Agreement will take precedence over the Terms only in relation to that Service concerned.
  • The Terms may not otherwise be modified except in writing by an authorised director of Social Path (Pty) Ltd.

 

 

  1. Provision of Services

 

  • The Social Path contracting entity that you are contracting with is Social Path (Pty) Ltd if you are a registered member of the Website or App and registered or resident in South Africa.
  • Social Path reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Social Path may impose in our discretion.
  • Social Path may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
  • Social Path may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) with prior notice to a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

 

  1. Right of use

 

  • Social Path gives to you a non-exclusive, non-transferable right to download the App or use the Website.
  • You accept the right given to you in terms of clause 4.1 above; is authorised only to use the software for your own needs and shall not abuse it for commercial gain under any circumstances whatsoever; and acknowledge that you obtain no rights of ownership in the software whatsoever.

 

 

  1. Users Generally

 

  • As a condition of your access to and use of the Website or App or Services, you agree that you will comply with all applicable laws and regulations when using the Website or App or Services.
  • You agree to use the Website or App or Services solely for your own purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Website or App (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Social Path, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Website or App to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Social Path is prohibited. Use of any content or materials on the Website or App for any purpose not expressly permitted in the Terms is prohibited.
  • You must read Social Path’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Social Path. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
  • Social Path may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties’ website or App. You are cautioned to read such website or App’s terms and conditions and/or privacy policies before using the Website or App. You acknowledge that Social Path has no control over such third parties’ website or App, does not monitor such Website or App, and will not be responsible or liable to anyone for such website or App, or any content, products or services made available on such website or App.
  • You agree not to undertake any action to undermine the integrity of the computer systems or networks of Social Path and/or any other User nor to gain unauthorised access to such computer systems or networks.
  • You agree not to undertake any action which may undermine the integrity of Social Path’s feedback system, such as leaving positive feedback for yourself using secondary Client or User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
  • By posting or displaying any information, content, trade marks or material (“User Content”) on the Website or App, Supplier site or providing any User Content to Social Path or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Social Path to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Website or App, the provision of any Services and/or the business of the User. You confirm and warrant to Social Path that you have all the rights, power and authority necessary to grant the above license.
  • Users should note that no information made available through the Services should be construed as commercial, medical, business, legal, financial or other advice. Social Path does not provide Users with advice, and no information or material available by Social Path to Users through the Services is to be relied upon for the purpose of making or communicating investment or other decisions. Social Path is neither a law firm nor an accounting firm, and no content or communication made available through the Services should be interpreted as legal, accounting, tax, medical or other advice. To the extent that past performance information is available through the Services, past performance is not indicative of future results, and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
  • Although we encourage you to communicate with us through the Services, and/or via email, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all communication you send to us through the Services, and e-mails you send to us, including but not limited to, responses, submissions, feedback, questions, comments, suggestions, and the like, we will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

 

  1. Client or User Accounts

 

  • User must accept the and be a User on the Website or App to access or use some Services (a registered User is also referred to as a “Client or User” below). Except with Social Path’s approval, one User may only register one member account on the Website or App. Social Path may reject User’s application for registration for not meeting the necessary requirements or passed the necessary checks.
  • Upon registration on the Website or App, Social Path will assign an account and issue a member ID and password (the latter will be chosen by a registered User during registration) to each registered User.
  • A set of Client or User ID and password is unique to a single account. Each Client or User will be solely responsible for maintaining the confidentiality and security of your Client or User ID and password and for all activities that occur under your account. No Client or User may share, assign, or permit the use of your Client or User account, ID or password by another person outside of the Client or User’s own business entity. Client or User agrees to notify Social Path immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
  • The Client or User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorised by the Client or User.

 

  1. Client or User’s Responsibilities

 

  • Social Path (Pty) Ltd will, in its sole discretion, accept or deny the Services to a Client or User.
  • Certain of our Services require the purchase of a policy fee. By subscribing to a Service or completing a Platform Transaction through the Website or App, you are agreeing to pay the amount charged to you by the applicable Service.
  • Each Client or User represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; (b) you use the Website or App and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity.
  • Client or Users will be required to provide information or material about your entity, business or products/services as part of the registration process on the Website or App or your use of any Service or the member account. Each Client or User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Website or App or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
  • Upon becoming a Client or User, you consent to the inclusion of the contact information about you in our database and authorise Social Path to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
  • Each Client or User represents, warrants and agrees that (a) you will be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display, for example a liquor license; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organisation or jurisdiction.
  • Each Client or User further represents, warrants and agrees that the User Content that you submit, post or display will:
  1. be true, accurate, complete and lawful;
  2. not be false, misleading or deceptive;
  3. not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  4. not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. not violate the Terms or any applicable Additional Agreements;
  6. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
  7. not contain any link directly or indirectly to any other website or App which includes any content that may violate the Terms.
  8. Certain services require payment of a policy and other stipulated fees.

 

  • Each Client or User further represents, warrants and agrees that you will/are:
  1. conduct your business transactions with other users of the Website or App in good faith;
  2. carry on your activities in accordance with the Terms and any applicable Additional Agreements;
  3. not use the Services or Website or App to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
  4. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  5. not engage in spamming or phishing;
  6. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
  7. not involve attempts to copy, reproduce, exploit or expropriate Social Path’s various proprietary directories, databases and listings;
  8. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  9. not involve any scheme to undermine the integrity of the data, systems or networks used by Social Path and/or any user of the Website or App or gain unauthorized access to such data, systems or networks;
  10. not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
  11. not engage in any activities that would otherwise create any liability for Social Path.

 

  • Client or User may not use the Services and member account to engage in activities which are identical or similar to Social Path’s e-commerce marketplace business.
  • If Client or User provides a business agent, Client or User represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business agent; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business agent to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
  • The Client or User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Social Path’s provision of the Services, evaluating whether Client or User has breached the Terms and/or handling any complaint against the Client or User. If Client or User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Social Path will not be obliged to extend the relevant service period nor will be liable for any loss or damages arising from such delay, suspension or termination.
  • The Client or User provides consent to Social Path (Pty) Ltd to confirm, enquire and lodge its information with any third party, credit authority or bureau for authentication, credit checking, credit listings and credit scoring.
  • The Client or User acknowledges and agrees that Social Path will not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Website or App. Social Path does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Client or User. Each Client or User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
  • The Client or User acknowledges and agrees that each Client or User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Supplier’s site, the Website or App and Services are in compliance with the same.

 

 

  1. Breaches by Client or Users

 

  • Social Path reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Website or App which we reasonably believe is unlawful, violates the Terms, could subject Social Path to liability, or is otherwise found inappropriate in Social Path’s opinion.
  • If any Client or User breaches any Terms, or if Social Path has reasonable grounds to believe that a Client or User is in breach of any Terms, Social Path will have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Client or User’s account and any and all accounts determined to be related to such account by Social Path in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Client or User has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Client or User may post or display; (iv) imposing other restrictions on the Client or User’s use of any features or functions of any Service as Social Path may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Social Path may deem necessary or appropriate in its sole discretion.
  • Without limiting the generality of the provisions of the Terms, a Client or User would be considered as being in breach of the Terms in any of the following circumstances:
  1. upon complaint or claim from any third party, Social Path has reasonable grounds to believe that such Client or User has willfully or materially failed to perform your contract with such third party including without limitation where the Client or User has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Client or User has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
  2. Social Path has reasonable grounds to suspect that such Client or User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
  3. Social Path has reasonable grounds to suspect that any information provided by the Client or User is not current or complete or is untrue, inaccurate, or misleading, or
  4. Social Path believes that the Client or User’s actions may cause financial loss or legal liability to Social Path or our affiliates or any other Users.

 

  • Social Path reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Social Path may disclose the Client or User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.  Social Path will not be liable for damages or results arising from such disclosure, and Client or User agrees not to bring any action or claim against Social Path for such disclosure.
  • If a Client or User is in breach of the Terms, Social Path also reserves the right to Block your account breach on the Website or App. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Social Path also reserves the right to disclose the records of such breach. Such Social Path affiliates may impose limitation on, suspend or terminate the Client or User’s use of all or part of the services provided to the Client or User, take other remedial actions, and publish the records about the Client or User’s breach of the Terms on the Website or App operated by or controlled by such Social Path.
  • Social Path may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Client or User’s use of any Service or the Website or App without being liable to the Client or User if Social Path has received notice that the Client or User is in breach of any agreement or undertaking and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Social Path will have the right to publish the records of such breach on the Website or App.  Social Path will not be required to investigate such breach or request confirmation from the Client or User.
  • Each Client or User agrees to indemnify Social Path, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Website or App or Services, or from your breach of the Terms.
  • Each Client or User further agrees that Social Path is not responsible and will have no liability to you or anyone else for any User Content or other material transmitted over the Website or App, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Client or User. Social Path reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client or User, in which event the Client or User will cooperate with Social Path in asserting any available defenses.

 

 

  1. Limitation of Liability

 

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Social Path ON OR THROUGH THE WEBSITE OR APP ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND Social Path HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, Social Path MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR APP; Social Path DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE WEBSITE OR APP DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Social Path MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE WEBSITE OR APP.
  • Any material uploaded and/or downloaded or otherwise obtained through the Website or App is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Social Path’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Social Path or through or from the Website or App will create any warranty not expressly stated herein.
  • The Website or App may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event will Social Path and our affiliates be held liable for any such services or products.
  • Each User hereby agrees to indemnify and save Social Path, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Website or App or Services (including but not limited to the display of such User’s information on the Website or App) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Social Path, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Social Path, including but not limited to those set forth hereunder.
  • Each User hereby further agrees to indemnify and save Social Path, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website or App. Each User hereby further agrees that Social Path is not responsible and will have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Social Path reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Social Path in asserting any available defenses.
  • Social Path will not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
  1. the use or the inability to use the Website or App or Services;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Website or App;
  3. violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website or App may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorised access by third parties to data or private information of any User;
  5. statements or conduct of any User of the Website or App; or;
  6. any matters relating to Services however arising, including negligence.

 

  • Notwithstanding any of the foregoing provisions, the aggregate liability of Social Path, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Website or App or Services during any calendar year will be limited to the greater of (a) the amount of fees the Client or User has paid to Social Path or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. All claims arising from the use of the Website or App or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing these Terms.
  • The limitations and exclusions of liability to you under the Terms will apply to the maximum extent permitted by law and will apply whether or not Social Path has been advised of or should have been aware of the possibility of any such losses arising.

 

  1. Force Majeure

 

Under no circumstances will Social Path be held liable for any delay or failure or disruption of the content or services delivered through the Website or App resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

 

 

  1. Intellectual Property Rights (“IPR”)

 

  • Listings of counterfeits, replicas, or other unauthorised items are prohibited on the Website or App strictly.
  • Listings of offers to sell or purchase counterfeits, replicas, or other unauthorised items will be subject to removal by Social Path.
  • Repeat violations of our IPR policy may result in a range of actions, including without limitation to removal of listings, posting restrictions, account suspension, termination of membership Service Agreement.
  • Social Path has the full discretion to take any process or enforcement action anytime for certain extreme / conspicuous situations, such as where litigation has already been initiated by intellectual property rights holder.
  • Infringement Claims:
  • Intellectual property right holders further agrees to indemnify and hold Social Path harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
  • As a neutral e-commerce platform Social Path does not adjudge conflicting intellectual property infringement claims. Any action taken by Social Path will not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims will be resolved by the relevant conflicting parties separately from Social Path and the Website or App.
  • Intellectual property right holders will file intellectual property infringement claims with Social Path (Pty) Ltd for potential processing and at the sole discretion of Social Path (Pty) Ltd.

 

  • Social Path provides a channel for intellectual property right holders to file intellectual property infringement claims and request takedown of allegedly infringing listings from the Website or App.
  • Three types of materials must be submitted to Social Path (Pty) Ltd to facilitate processing, if Social Path (Pty) Ltd so chooses, of intellectual property infringement claims, namely: a) Proof of identity of the complaining party and relevant authorisation if the complaining party is not the intellectual property right holder; b) Proof of intellectual property ownership; c) Exact clickable hyperlinks to the relevant allegedly infringing listings on the Website or App.
  • Social Path (Pty) Ltd may evaluate intellectual property infringement claims filed. Client or Users subject to intellectual property infringement claims will be notified of the claims and the contact information of the intellectual property right holders will be provided to the members to facilitate direct conflict resolution and claim handling.
  • Client or Users subject to intellectual property infringement claims may submit counter-notifications to dispute the corresponding claims. Intellectual property right holders will be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications. Social Path reserves the right to reinstate any listing subject to intellectual property infringement claims at our discretion.
  • Social Path is the sole owner or lawful licensee of all the rights and interests in the Website or App and the Site Content. The Website or App and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website or App and Site Content will remain with Social Path, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Social Path are hereby reserved.
  • “Social Path”, Social Path”” and related icons and logos are trade marks, registered or unregistered of Social Path (Pty) Ltd,, in various jurisdictions and are protected under applicable copyright, trade mark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
  • Social Path may use independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trade mark, service mark or logo of such independent third parties without prior written approval from Social Path (Pty) Ltd.

 

  1. Notices

 

  • All legal notices or demands to or upon Social Path will be made in writing and sent to Social Path personally, by courier, certified mail, dedicated email address or facsimile to the contact details below. The notices will be effective when they are received by Social Path in any of the aforementioned manner.
  • All legal notices or demands to or upon a User will be effective if either delivered personally, sent by courier, certified mail, designated email address, by facsimile to the last-known correspondence, fax or email address provided by the User to Social Path, or by posting such notice or demand on an area of the Website or App that is publicly accessible without a charge. Notice to a User will be deemed to be received by such User if and when a) Social Path is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Social Path posting such notice on an area of the Website or App that is publicly accessible without charge.
  • You agree that all agreements, notices, demands, disclosures and other communications that Social Path sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

  1. General Provisions

 

  • Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Social Path with respect to and govern your use of the Website or App and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
  • Social Path and Client or Users are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
  • If any provision of the Terms is held to be invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
  • Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  • Social Path’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Social Path’s right to act with respect to subsequent or similar breaches.
  • Social Path will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Social Path). You may not assign, in whole or part, the Terms to any person or entity.
  • The Terms and additional Agreements will be governed by the laws of South Africa without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of South Africa And specifically the High Court of South Africa, Gauteng Local Division, Johannesburg.

 

  1. Disputes with Social Path

 

  • YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, ADDITIONAL AGREEMENTS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE ARBITRATION FEDERATION OF SOUTHERN AFRICA (“AFSA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN COURT PROCEEDINGS, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
  • As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Arbitration Act 42 of 1965. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

 

  1. Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and other

 

  • For the purposes of the ECTA, Social Path (Pty) Ltd’s information is as follows, which should be read in conjunction with its Service descriptions, Additional Agreements and other terms and conditions contained on the Website or App:
    • Full name: Social Path (Pty) Ltd, a private company registered in South Africa with registration number 2017/117779/07;
    • Main business: Digital marketing products, services and consulting;
    • Physical address for receipt of legal service (also postal and street address): Block 3, Cedar Office Estate, Fourways;
    • Office bearers: Nick Evans & Jessica McEndoo;
    • Official email address: hello@socialpath.co.za;

 

  • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
  • Third Party Supplier’ information is available in the relevant listing.