ACCEPTANCE OF TERMS
- This Agreement, which incorporates by reference other provisions applicable to use of www.motshelo.africa including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.motshelo.africa, sets forth the terms and conditions that apply to use of www.motshelo.africa by Seller. By using www.motshelo.africa (other than to read this Agreement for the first time), Seller agrees to comply with all of the terms and conditions hereof. The right to use www.motshelo.africa is personal to Seller and is not transferable to any other person or entity. Seller is responsible for all use of Seller's Account (under any screen name or password) and for ensuring that all use of Seller's Account complies fully with the provisions of this Agreement. Seller shall be responsible for protecting the confidentiality of Seller's password(s), if any.
- Motshelo Afrika (PTY) LTD shall have the right at any time to change or discontinue any aspect or feature of www.motshelo.africa, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Motshelo Afrika (PTY) LTD shall have the right at any time to change or modify the terms and conditions applicable to Seller's use of www.motshelo.africa, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.motshelo.africa or by electronic or conventional mail, or by any other means by which Seller obtains notice thereof. Any use of www.motshelo.africa by Seller after such notice shall be deemed to constitute acceptance by Seller of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, Motshelo Afrika (PTY) LTD provides Seller with access to a variety of resources, including selling, advertising, payment gateways, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Seller shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.motshelo.africa and all charges related thereto.
- Seller shall use www.motshelo.africa for lawful purposes only. Seller shall not post or transmit through www.motshelo.africa any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Motshelo Afrika (PTY) LTD's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Seller that in Motshelo Afrika (PTY) LTD’s discretion restricts or inhibits any other Seller or other User from using or enjoying www.motshelo.africa will not be permitted. Seller shall not use www.motshelo.africa for the solicitation of Sellers or other User’s to become subscribers of other on-line ecommerce services competitive with Motshelo Afrika (PTY) LTD.
- motshelo.africa contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.motshelo.africa are copyrighted as a collective work under the Botswana copyright laws. Motshelo Afrika (PTY) LTD owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Seller may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Motshelo Afrika (PTY) LTD and/ or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Seller acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- Seller shall not upload, post or otherwise make available on www.motshelo.africa any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Seller. Seller shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.motshelo.africa, Seller automatically grants, or warrants that the owner of such material has expressly granted Motshelo Afrika (PTY) LTD the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Seller hereby grants Motshelo Afrika (PTY) LTD the right to edit, copy, publish and distribute any material made available on www.motshelo.africa by Seller.
- The foregoing provisions of Section 5 are for the benefit of Motshelo Afrika (PTY) LTD, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the Seller to communicate with clients (each a "Communication Service" and collectively "Communication Services"). Seller agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Seller agrees that when using the Communication Services, Seller will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful product, topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Seller own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another Seller of a Communication Service that Seller know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other Seller from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Sellers of the Services or other Seller or usage information or any portion thereof.
Motshelo Afrika (PTY) LTD has no obligation to monitor the Communication Services. However, Motshelo Afrika (PTY) LTD reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Motshelo Afrika (PTY) LTD reserves the right to terminate Seller’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Motshelo Afrika (PTY) LTD reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Motshelo Afrika (PTY) LTD's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Seller is responsible for adhering to such limitations if Seller downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Motshelo Afrika (PTY) LTD does not control or endorse the content, messages or information found in any Communication Services and, therefore, Motshelo Afrika (PTY) LTD specifically disclaims any liability with regard to the Communication Services and any actions resulting from Seller’s participation in any Communication Services. Managers and hosts are not authorized Motshelo Afrika (PTY) LTD’s spokespersons, and their views do not necessarily reflect those of Motshelo Afrika (PTY) LTD.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Any of the Services that requires Seller to open an account, Seller must complete the registration process by providing Motshelo Afrika (PTY) LTD with current, complete and accurate information as prompted by the applicable registration form. Seller also will choose a password. Seller is entirely responsible for maintaining the confidentiality of Seller’s password and account. Furthermore, Seller is entirely responsible for any and all activities that occur under Seller’s account. Seller agrees to notify Motshelo Afrika (PTY) LTD immediately of any unauthorized use of Seller’s account or any other breach of security. Motshelo Afrika (PTY) LTD will not be liable for any loss that Seller may incur as a result of someone else using Seller’s password or account, either with or without Seller’s knowledge. However, Seller could be held liable for losses incurred by Motshelo Afrika (PTY) LTD or another party due to someone else using Seller’s account or password. Seller may not use anyone else's account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON WWW.MOTSHELO.AFRICA
Any software that is made available to download from the Services ("Software") is the copyrighted work of Motshelo Afrika (PTY) LTD and/or its suppliers. Use of the Software is governed by the terms of the end Seller license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end Seller will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end Sellers according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MOTSHELO AFRIKA (PTY) LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MOTSHELO AFRIKA (PTY) LTD MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MOTSHELO AFRIKA (PTY) LTD DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON WWW.MOTSHELO.AFRIKA
MOTSHELO AFRIKA (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MOTSHELO AFRIKA (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MOTSHELO AFRIKA (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MOTSHELO AFRIKA (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL MOTSHELO AFRIKA (PTY) LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MATERIALS PROVIDED TO MOTSHELO AFRIKA (PTY) LTD OR POSTED AT WWW.MOTSHELO.AFRICA
Motshelo Afrika (PTY) LTD does not claim ownership of the materials the Seller or any other User provide to Motshelo Afrika (PTY) LTD (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission, User is granting Motshelo Afrika (PTY) LTD, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Motshelo Afrika (PTY) LTD Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Seller’s Submission; to publish Seller’s name in connection with Seller’s Submission; and the right to sublicense such rights to any supplier of the Services for the purposes of marketing and/or carrying out any and all Services offered by Motshelo Afrika (PTY) LTD to the Seller.
Disclaimer of Warranty; Limitation of Liability
- SELLER EXPRESSLY AGREES THAT USE OF WWW.MOTSHELO.AFRICA IS AT SELLER'S SOLE RISK. NEITHER MOTSHELO AFRIKA (PTY) LTD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WWW.MOTSHELO.AFRICA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.MOTSHELO.AFRICA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.MOTSHELO.AFRICA.
- MOTSHELO.AFRICA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SELLER SPECIFICALLY ACKNOWLEDGES THAT WWW.MOTSHELO.AFRICA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SELLERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SELLER.
- IN NO EVENT WILL MOTSHELO AFRIKA (PTY) LTD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.MOTSHELO.ARFIKA OR THE MOTSHELO AFRIKA (PTY) LTD SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.MOTSHGELO.AFRIKA. SELLER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MOTSHELO AFRIKA (PTY) LTD, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WWW.MOTSHELO.AFRIKA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE SELLER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE MOTSHELO AFRIKA (PTY) LTD'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MOTSHELO AFRIKA (PTY) LTD AND MOTSHELO AFRIKA (PTY) LTD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MOTSHELO AFRIKA (PTY) LTD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY linked site. Motshelo Afrika (PTY) LTD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Motshelo Afrika (PTY) LTD of the site.
Motshelo Afrika (PTY) LTD is a distributor (and not a publisher) of content supplied by third parties and Sellers. Accordingly, Motshelo Afrika (PTY) LTD has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Sellers or any other User of www.motshelo.africa, are those of the respective author(s) or distributor(s) and not of Motshelo Afrika (PTY) LTD. Neither Motshelo Afrika (PTY) LTD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
in many instances, the content available through www.motshelo.africa represents the opinions and judgments of the respective information provider, Seller, or other Seller not under contract with Motshelo Afrika (PTY) LTD. Motshelo Afrika (PTY) LTD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.motshelo.africa by anyone other than authorized Motshelo Afrika (PTY) LTD employee/ spokespersons while acting in their official capacities. Under no circumstances will Motshelo Afrika (PTY) LTD be liable for any loss or damage caused by a Seller's reliance on information obtained through www.motshelo.africa. It is the responsibility of Seller to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Motshelo Afrika (PTY) LTD. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
UNSOLICITED IDEA SUBMISSION POLICY
MOTSHELO AFRIKA (PTY) LTD OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MOTSHELO AFRIKA (PTY) LTD'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MOTSHELO AFRIKA (PTY) LTD. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MOTSHELO AFRIKA (PTY) LTD OR ANYONE AT MOTSHELO AFRIKA (PTY) LTD. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MOTSHELO AFRIKA (PTY) LTD MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Motshelo Afrika (PTY) LTD shall have the right, but not the obligation, to monitor the content of www.motshelo.africa, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Motshelo Afrika (PTY) LTD and to satisfy any law, regulation or authorized government request. Motshelo Afrika (PTY) LTD shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.motshelo.africa. Without limiting the foregoing, Motshelo Afrika (PTY) LTD shall have the right to remove any material that Motshelo Afrika (PTY) LTD, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Seller agrees to defend, indemnify and hold harmless Motshelo Afrika (PTY) LTD, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Motshelo Afrika (PTY) LTD by Seller or Seller's Account.
Either Motshelo Afrika (PTY) LTD or Seller may terminate this Agreement at any time. Without limiting the foregoing, Motshelo Afrika (PTY) LTD shall have the right to immediately terminate Seller's Account in the event of any conduct by Seller which Motshelo Afrika (PTY) LTD, in its sole discretion, considers to be unacceptable, or in the event of any breach by Seller of this Agreement. This includes, but not limited to, the right without limitation to, at its own discretion, delists and/ or deregisters products or stores that do not represent its image or values.
This Agreement and any operating rules for www.motshelo.africa established by Motshelo Afrika (PTY) LTD constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Botswana, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Motshelo Afrika (PTY) LTD its logos are trademarks of Motshelo Afrika (PTY) LTD, All rights reserved. All other trademarks appearing on Motshelo Afrika (PTY) LTD are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.