All other trademarks, trade names or company names referenced herein are used for identification purposes only and are the property of their respective owners. This site may contain third party advertisements and links to third party sites. SXdrv.com does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. SXdrv.com takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Third party advertisements and links to other sites where goods or services are advertised are not endorsements or recommendations by the SXdrv.com of the third party sites, goods or services.
Terms and Conditions
Last updated: 3 April 2018
These are the general terms and conditions (“terms and conditions”) of use of this website conducted by SXdrv.com, in accordance with the laws of South Africa, including all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents (“SXdrv.com”).
Please read the following terms and conditions very carefully, as your use of this website (the “Site”) is subject to your acceptance of and compliance with these terms and conditions.
These terms and conditions apply to both –
By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.
Further to the aforementioned, SXdrv.com may, in its sole and absolute discretion, amend these terms and conditions from time to time.
Reference to SXdrv.com in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.
2. SUBMISSION OF CONTENT AND USE OF THE SITE
You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable laws.
You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –
You agree that in using the Site in any way, and/or in any content you provide to SXdrv.com, you will not-
• create liability for SXdrv.com or cause SXdrv.com to lose (in whole or in part) the services of our ISPs or other suppliers;
• link directly or indirectly to or include descriptions of goods or services that are prohibited under the and conditions you do not have a right to link to or include;
• consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of SXdrv.com's system or the content on the site without SXdrv.com's prior written consent; and
• provide content to the site which is competitive with SXdrv.com.
At any time, without notice, for any or no reason, SXdrv.com reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions
Should you breach this clause or any other clause in these terms and conditions, SXdrv.com may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.
In using the Site, you warrant that –
By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to SXdrv.com for posting on the Site, you automatically grant SXdrv.com a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.
The following activities on or through the Site are expressly prohibited –
You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.
From time to time SXdrv.com will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, SXdrv.com’s General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.
3. THE USE OF THIRD PARTY CONTENT
SXdrv.com hosts information, opinions, advertising and other content supplied by third parties (“Third Party Content”) on the Site. SXdrv.com has no editorial or other control, over such content.
Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to SXdrv.com. SXdrv.com does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by SXdrv.com by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by SXdrv.com unless otherwise expressly stated. You use Third Party Content at your own risk.
It is your responsibility to evaluate Third Party Content available on and through the Site. SXdrv.com is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.
In addition to the aforementioned, SXdrv.com is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, SXdrv.com is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008. SXdrv.com does, however, provide the contact details of all third party suppliers on the Site. You may contact the third party suppliers by using such contact details in such an event.
SXdrv.com does not review (nor is it under any obligation to do so) or control any third-party website that links to or from the Site. SXdrv.com is not responsible for the content of any third-party website linked to or from the Site. The third party websites are provided solely for your convenience. Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by SXdrv.com unless otherwise expressly stated. You use third party websites at your own risk.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact SXdrv.com.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing and delivery address, contact phone number and valid email address.
SXdrv.com will not be responsible for any incorrect pricing due to typographical errors. That said, however, SXdrv.com undertakes to rectify any incorrect pricing listed on the Site as soon as it becomes aware of such errors.
Using SXdrv.com’s website is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you access this service.
Our fees are quoted in South African Rands, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay, we may limit your ability to use the services. We reserve the right to recover unpaid fees from you.
6. VOUCHERS AND COUPONS
You may use promotional coupons as payment for fixed priced products on the Site.
We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
Conditions for the redemption of promotional coupons are as follows-
You agree, upon requesting any Advertising space, that in the event of failure to publish an advertisement, or publication of an incorrect advertisement, the liability of SXdrv.com shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.
SXdrv.com shall not be liable for errors that do not lessen the value of an advertisement.
SXdrv.com cannot be responsible for errors after the artwork has been received from the advertiser. Notice of errors should immediately be called to the attention of SXdrv.com.
8. INTELLECTUAL PROPERTY RIGHTS
All content included on the Site by SXdrv.com, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of SXdrv.com or its content suppliers and is protected by South African and international copyright laws. All other trademarks, trade names or company names referenced herein are used for identification purposes only and are the property of their respective owners. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of SXdrv.com and is protected by South African and international copyright laws.
None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SXdrv.com or the copyright owner, except as permitted by the fair use exception or other similar provisions under the South African copyright laws or without the prior written permission of SXdrv.com or the copyright owner. © Copyright reserved in all content.
You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of SXdrv.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray SXdrv.com, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SXdrv.com logo or other proprietary graphic or trademark as part of the link without the express permission of SXdrv.com or its content suppliers.
All trademarks are the exclusive property of SXdrv.com.
The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
9. LIMITATION OF LIABILITY
The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an “as is” basis. SXdrv.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the foregoing –
To the full extent permissible by applicable law, SXdrv.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SXdrv.com will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user’s reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Use of this site is at the user’s sole risk.
No advice or information, whether oral or written, obtained by you from SXdrv.com or its services shall create any warranty
If you make unlawful use of this Site and as a result of this a third party uses or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of the terms and conditions.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.
SXdrv.com may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.
Such termination shall not affect any right to relief to which SXdrv.com may be entitled.
Upon termination of these terms and conditions, all rights granted to you will terminate and revert to SXdrv.com.
12. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT
In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.
These terms and conditions, including any documents referenced herein, represent the entire agreement between you and SXdrv.com regarding your relationship with SXdrv.com and the use of the Site and supersedes any prior statements or representations.
When you visit the site or send SXdrv.com e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SXdrv.com may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.
Data Messages (as defined in the ECT Act) will be deemed to have been received by SXdrv.com if and when SXdrv.com responds to the Data Messages.
Data Messages sent by SXdrv.com to you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.
You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and SXdrv.com.
You warrant that Data Messages sent to SXdrv.com by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.
Subject to the Regulation of Interception of Communications Act No 70 of 2002 (“RICA”), you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act and RICA for consent in “writing”. You also understand that communications by means of email and the Internet are inherently unsecured, unless encrypted, and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.
To the extent that we are required under s43 of the ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.
The terms and conditions constitute the complete and exclusive statement of the agreement between you and SXdrv.com. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any SXdrv.com’s employee or agent and the terms and conditions (other than modifications to the terms and conditions executed in writing by SXdrv.com), the terms and conditions will prevail. These terms and conditions, related agreements and disclaimers will prevail over FAQs and other rules and policies on the Site.
SXdrv.com’s failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of SXdrv.com’s right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. SXdrv.com shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by SXdrv.com.
You agree that SXdrv.com may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party.
14. PREMIUM ACCESS SOUTH AFRICA
PLEASE NOTE: THE CONTENTS OF THIS WEBSITE ARE PROPRIETARY TO SXdrv.com AND MAY NOT BE COPIED, REPRODUCED OR OTHERWISE UTILISED IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF SXdrv.com. © 2017