Terms of Service

SHOPBOXDELIVER TERMS AND CONDITIONS

ShopBoxDeliver Pty Ltd  (the “Company”) and its partners -individually and collectively- designed and maintain www.shopboxdeliver.com (the “Site”) as a means of providing information regarding our company and the services/products that we provide and for allowing our customers to register for such services/products with us. The terms “the User or Users” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.

This Website Terms of Use Agreement (the “Agreement”) states the terms and conditions under which the User may access and use the Site. This Site also contains various information in the form of reports, data, text and other materials about the Company, as well as third-party content that is licensed to the Company (collectively, the “Content”). By accessing and/or otherwise using this Site and its Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement.

In addition to the foregoing, you agree that if you purchase any of ShopBoxDeliver’s services/products described on this Site you will be bound by the additional Terms and Conditions set forth on the site. You will not be able to purchase such services/Products unless and until you have agreed to be bound by such Terms of Service.

We reserve the right to amend this Agreement at any time and from time to time by posting a revised Agreement on the Site.

 

INTELLECTUAL PROPERTY RIGHTS

The User acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain our property or the property of the Company. The User agrees to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. The User may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

 

COPYRIGHTS/TRADEMARKS

The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: ShopBoxDeliver, and  www.shopboxdeliver.comare trademarks and service marks of ShopBoxDeliver Pty Ltd.. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and Content displayed on this Site, without our prior written permission. i

The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and the Company own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

LINKS TO OTHER WEBSITES

This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Sites is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy polices and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.

 

PERMITTED USE OF THE SITE; RESTRICTIONS

The User will access and use the Site solely for the Users personal purposes. The User will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the Site or any Content in a manner that: (1) is inconsistent with this Agreement; (2) violates any local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. The User acknowledge and agree that the Site and the Content includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.

The User will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, key-loggers, spyware, worms, Trojan horses, time-bombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other Content from the Site, you do so at your own risk.

The Site may not be used in connection with criminal or civil violations of local, country, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment. 

The User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse. 
The Site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation. 
The Site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, the Users agree to adhere to the following requirements and to comply with all laws, ordinances, statutes and applicable legislation and to respect all Third-Party Site rights. In particular, the User shall not: 

  • Interrupt or attempt to interrupt the operation of this Site in any way. The User will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. The User agrees its use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
  • Use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
  • Post, upload, transmit, send or otherwise make available on or through the Site any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you may post, upload, transmit, send, or otherwise make available on or through the Site;
  • Post, upload, transmit, send or otherwise make available on or through the Site any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, other users, and/or any third party;
  • Copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Site, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
  • Post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; 
  • Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; 
  • Advertises, promotes or offers to trade any goods or services;
  • Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; Will not interrupt or attempt the operation of this Site in any way. The User will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. The User agrees its use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities
  • Access and/or use anyone else’s account registration information, or access, visit and/or use the Site by use of anyone else’s account/profile and/or account registration information;
  • Authorize or permit anyone else to access and/or use your account registration information, or access, visit and/or use the Site by use of your account/profile and/or registration information or impersonate, imitate or pretend to be somebody else;
  • Copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;
  • Post, upload, transmit, send or otherwise make available on or through the Site any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, other users, and/or any third party;

 A violation of these Terms by someone having only indirect access to the Site through the User, will be considered a violation, whether or not with the Users knowledge or consent.

Violations of these Terms may result in immediate suspension or termination of the Users account and to services the Company offers to the User.

DISCLAIMER OF WARRANTIES

THE USER ACKNOWLEDGES AND AGREES THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. THE COMPANY DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF THE COMPANY’S  PARTNERS  INCLUDING THIRD-PARTY SITES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

THE USER UNDERSTANDS AND AGREES THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE COMPANY AND ANY OF ITS PARTNERS INCLUDING THIRD-PARTY SITES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USERS RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS THE USERS RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE COMPANY AND ANY OF ITS PARTNERS INCLUDING THIRD-PARTY SITES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE COMPANY AND ANY OF ITS PARTNERS INCLUDING THIRD-PARTY SITES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE USERS SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

INDEMNITY

The User hereby indemnifies and holds harmless ShopBoxDeliver, its officers, directors, shareholders, employees and agents for any costs, damages, liabilities or loss suffered or incurred by the User, its officers, directors, shareholders, employees, suppliers, licensors, officers, directors, shareholders, employees, representatives, Third-Party contractors, agents and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including legal fees and court costs) arising from or relating to any allegation regarding the use of its Site.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with South African law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the South African courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the Site are appropriate or available for use outside South Africa. It is prohibited to access the Site from territories where its contents are illegal or unlawful. If you access this Site from locations outside South Africa, you do so at your own risk and you are responsible for compliance with local laws.

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Company.