Terms and Conditions - Best Ad Design Pty

Terms and Conditions

 

This Agreement was last modified on July 1, 2020.

Terms and Conditions of Use

Terms and Conditions are used to satisfy legal disclosure obligations, to grant users rights to use website materials, to impose acceptable use obligations, to limit (or attempt to limit) warranties and disclaim (or attempt to disclaim) liabilities, and more generally to structure the legal relationships between the website and the user.

Disclaimer

All of the content contained on the www.bestadddesign.co.za is edited, checked, and verified for accuracy as often as it is possible to do so. However, we cannot guarantee either its accuracy or the safety of any external links it might contain bestaddesign.co.za, as well as its owners, affiliates, and contributing authors can therefore not be held responsible for any problems (including but not limited to technical, advertising or content sharing) or damage/s that occur/s as a result of making use of material contained on our site referred to as www.bestadddesign.co.za

The User / The Provider / The Website

These Terms and Conditions (''The Terms and Conditions'') govern your ('' The User'') use of the Best Ad Design Pty (''Provider'') website located at the domain name bestaddesign.co.za ('' The Website/the Site''). By accessing and using the website of bestaddesign.co.za the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download and/or otherwise copy or distribute Content obtained on the website for marketing and/or other purposes without consent of the Provider. It further sets out the terms and conditions governing your advertising and/or other services on this Site. If you do not agree with the terms and conditions of Best Ad Design, please refrain from using ('' The Website/the Site''), of Best Ad Design and/or their services.

(The website/The Site) host/s, lead generation page/s, blog/s, of which are equipped with lead generation facilities. While we invite you to list your business/s and service/s and/or product/s, they must not be used to distribute spam message/s, posting commercial advertisement/s, or spread link/s to malicious or dangerous website/s and/or other technical device/s. We do retain the right/s to moderate any lead generation page/s or written content submitted to the bestaddesign.co.za website and to remove any content deemed to have violated our policies and procedures. No discriminatory, racist or slandering remark/s will be allowed at any time. Any client/s found guilty of such action/s will be removed and the account/s frozen indefinitely.

Copyright and Intellectual Property Rights

The Provider make available certain information on the Site. Content currently or anticipated to be displayed by the Site is provided/supplied by the Provider, its affiliates and/or subsidiary, our advertiser/s, and/or any other third party owner(s) of such content, and consist of but is not limited to literary works, designs, photography, musical works, sound and video recordings and/or television broadcast, artistic works, cinematograph films, program carrying signals, published editions and computer programs ('' the Content''). All such works, and the compilation of these works, are copyright the Provider and their direct advertiser/s, its affiliates or subsidiary, or any other third-party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, advert/s are the property of or under license of Best Ad Design Pty. The Provider reserves the right to make any change/s to the Site, the Content, or to product(s) and/or services offered through the Site at any time(s) and without prior notice or consent. All rights in and to the Content is reserved and retained by the Owner(s). Except as specified in these Terms and Conditions and/or by advertising agreement/s, the User is not granted a license or any other right/s including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content/s. You may download, view and print content from this site only for private and non-commercial use. To obtain permission for commercial use of any content from this Site, please send an email to info@bestaddesign.co.za

This site and its content may not be copied, posted, transmitted, reproduced, re-published, uploaded, or distributed. ‘Deep-linking’, ’embedding’, or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark, or other intellectual property laws and other laws.

In the context of the World Wide Web, deep linking (according to Google) is the use of a hyperlink that links to a specific, generally searchable or indexed, piece of web content on a website (e.g., "http://example.com/path/page"), rather than the website's home page (e.g., "http://example.com/").

Embedded Posts (according to Google) are a simple way to put public posts - by a Page or a person on Facebook - into the content of your web site or web page. Only public posts from Facebook Pages and profiles can be embedded.

 
 

Our Rights

Rights for Best Ad Design are reserved to and not limited to;

  1. Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Best Ad Design reserves the right to modify these Terms of Service at any time or as when needed. Your continued use of the Website (or any part thereof) following such change/s, shall be deemed to be your acceptance of such change/s. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you disagree to any change/s of these Conditions you must immediately stop using the Website.
  3. We will use all reasonable endeavour/s to maintain the Website. The Website is subject to change without notice. You will not be eligible for any compensation because you cannot use any part/s of the Website or because of a failure, suspension or withdrawal of all or part/s of the Website due to circumstances beyond our control. Please refer to Point 6 below.
  4. All lead generation listing packages are for a minimum contract of (1) one month, accept for promotional yearly/annual offer(s) and can be paid on a month-to-month basis or in advance. Should an account/s fall in arrears it will be locked until the deficit has been cleared.
  5. Yearly lead generation listing packages will renew automatically after 12 month period should the client not cancel 1 (one) calendar month before expiry of their current 12 month period. Cancellation of contracts must be in writing forwarded to info@bestaddesign.co.za. 
  1. Force Majeur Clause - Circumstances beyond our control

We shall not be liable to you for any breach, hindrance and/or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitations suppliers, government, quasi-governmental, supra-national, local authorities and/or hackers), insurrection, riot, civil commotion war, hostilities, war like operations, national emergencies, terrorism, arrests, piracy, restraints or detainments of any competent authority, strikes or combinations or exclusion of work labour, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems public utility supplies (including electrical, telecoms and/or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (''Event of Force Majeure''), regardless of whether the circumstances in question could have been foreseen.

  1. Privacy Policy

(At certain points in the bestaddesign.co.za website navigation, you may be asked to share your email address or other personal identifying information with us). We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online form/s will only be used to personally identify user/s that subscribe to our service/s. The information will not be used for anything other than which is stated in the Terms & Conditions of use. None of the information you as the end user give will be sold or made available to anyone or any third party. Your email address will only be used to send you the bestaddesign.co.za newsletter/s and/or to alert you to any information that you have specifically requested you be notified about. The Site may collect certain information about your visit, such as the name of your Internet service provider and the IP address through which you access the Internet - the date and time you’ve accessed the Site; the pages that you access while on the Site, and the Internet address of the Web site (Google Chrome; Mozilla Firefox; etc.) from which you linked directly to the Best Ad Design website. This information is used to help improve our Site, to examine trends, and to administer the Site.

We may need to change this policy from time to time (without notice) in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather from our end user/s, how we might use that given information, and whether or not we will disclose that information to anyone. Please make sure to refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail at info@bestaddesign.co.za

By using this website, you accept our Privacy Policy. If you do not agree to this policy or if you are not sure you agree, please do not use our site. Continued use of the website following the posting of changes to the terms will mean that you accept those changes.

  1. Cookie/Tracking Technology

The Site may use “cookie and tracking technology” depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, understanding how visitors use the Site and tracking the number of visitors to the Site. Cookies can also help customize the Site for visitors. Your personal information cannot be collected via cookies and other tracking technology; however, cookies may be tied to personally identifiable information previously provided. Aggregate cookies and tracking information may be shared with third parties.

  1. Third Party Links

In an attempt to provide increased value to our end users, we may provide some link/s to other website/s with/or resources. You acknowledge and agree that we are not responsible for such external websites or resources, and do not endorse and are not liable or responsible in any way, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content - damaging the good reputation of someone; slanderous or libellous.) of such sites, including (without limitation) any products, advertising or other services or materials on or available from such websites or resources, nor for any loss or offence caused, damage or alleged to be caused by, in connection with the use of or reliance on any such content, services and goods available on such external websites or resources.

  1. Competitions and Promotions

When entering a competition or a promotion through Best Ad Design the entree agrees that

10.1 This promotional competition or promotion that is organized by Best Ad Design.

10.2 The competition commences as stated on the competition (start date and end date). It is your responsibility to ensure that we receive your entry on or before the last day of the competition (if entry form is required)

10.3 For the purpose of the competition you agree that your name, contact telephone number and South African identity number that are reflected on the entry form as and when required for the time of the draw are all in order and correct when received by the judges panel.

10.4 Entry into the competition is either via entry form and/or social media.

10.5 Entry into the competition occurs on the basis of the following rules

10.5.1 They are natural persons over the age of 18;

10.5.2 They are citizens of South Africa in possession of a South African ID book;

10.5.3 Their complete, accurate and up to date name, contact telephone number and South African identity number are captured on the entry form or as otherwise requested.

10.5.4 Their identification has been verified through their South African identity book; and

10.5.5 they are not a director, member, partner, employee, agent or consultant to Best Ad Design or the participating supplier, or any marketing service provider in respect of the promotional competition or any other person who directly or indirectly controls or is controlled by the promoter/s or suppliers of goods or services in connection with this competition, or the spouse, life partner, parent, sister, business partner or associate of such a person.

10.6 Any prize(s) and/or delivery is subject to acts which is beyond the control of Best Ad Design due to force majeure including (but not limited to) inability to secure labour, power, internet services, GSM network connectivity, material or suppliers, or by any act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought, or legislation and will not be held responsible.

10.15 No prizes are redeemable or exchangeable for cash.

  1. Prohibited Items to be advertised on List my Biz

The following items are prohibited from being advertised on List my Biz

Every advertiser is responsible for following the las that apply to you and to the legislation protecting the individual and the Republic of South Africa.

The following items will not be allowed to be advertised, displayed or sold on Best Ad Design Directory platform. Please note that any illegal display of products will be reported to the Authorities.

Direct selling of alcohol

Counterfeit products

Child car seat/s, child harness and safety items, and recalled toys.

Direct selling of contact lenses or any medical devices

Drugs, medical drug claims about an item, drug paraphernalia

Dangerous chemicals

Medications and treatments

Direct selling of firearms and/or weapons

Fireworks

Hate crime and items or listings that promote, support or exalt hatred toward or otherwise demean people based upon and/or race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views

Human remains or body parts

Items whose copyright you do not own or hold

Lighters  

Live animals, illegal animal products

Nudity

Political and/or religious views

Piercing gun and tattoo gun

Plant seeds

Pornography or adult/sexually explicit/offensive material

Services: Any service that does not include the selling of honest reliable retail items or services for the end consumer, unless otherwise indicated and approved by Best Ad Design

Virtual goods and digital goods: items that are not tangible or must be delivered electronically

Please note that Best Ad Design serves a world-wide audience that may include children as young as 13 years of age.  We abstain in all possible areas not to promote, advertise or sell prohibited products as this is not part of the Best Ad Design culture.

We reserve complete and immediate right to remove product/s that we determine are not within the culture of Best Ad Design. Such products/services or ads will be removed from the site, and the merchant's selling privileges may/will be suspended and/or terminated indefinitely.

  1. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access and/or removing any materials from the Website).

  1. Payment Options and Pricing

All customers will be billed online via Payfast Payment System.

Customers can pay with cash if arranged.

No fees or deposits will be paid back under any circumstances.

Customers will be supplied with an invoice after payment has been done.

Payment will be deducted immediately from account after payment has been done.

You can pay for an order using a discount coupon. The coupons are distributed as a code consisting of a string of digits and letters.

To use a voucher the received code must be entered in the proper section on the checkout site and clicking „ADD"

The discount coupons are valid for a limited time specified on the coupon.

We offer both individual and common use coupons.

The common use coupons is directed to all Clients and can be distributed freely, passed on to third parties and shared on websites.

The individual coupon is directed to a specific Customer or a group of Customers indicated in the contents of the coupon. The individual coupon shall be used only by the Customer indicated in the contents of the coupon, it shall not be a subject of further distribution and is considered confidential information addressed only to the specified Customer. You are obliged to keep the discount code secret.

 
 

What is Payfast?

PayFast enables South African businesses of all sizes to accept payments online. They enable easy, secure and instant transfer of money from online buyers to sellers.

PayFast offers Individual, Business or Cause accounts for any type of South African business or NPO no matter the size

Merchants can accept funds from local and international customers from anywhere in the world in ZAR

A variety of payment methods to suit all your customers: Instant EFT, credit cards, Masterpass, mobicred, debit cards and Bitcoin

Free set up and no monthly fees

Over 70 shopping cart integrations (no development skills needed)

PCI DSS Level 1 Service Provider – the highest security level possible

We offer a variety of payment methods through the familiar and trusted PayFast interface. We process MasterCard and Visa credit cards, Instant EFT (with SA’s four biggest banks), Masterpass, credit facility mobicred and digital payment method Bitcoin.

Credit & cheque cards

payment types webpage-visa and mastercardCredit cards are well known and a de facto online payment method the world round. We process local and international credit cards and cheque cards, with a variety of fraud protection mechanisms in place to protect sellers against costly chargebacks. Learn more.

Instant EFT

Instant EFT enables buyers to make payments with traditional internet banking with SA’s four biggest banks. The electronic funds transfer (EFT) gets verified instantly. No two day waiting period, no proof of payment required and no disclosing of financial information. Learn more.PayFast payment methods Instant EFT logo

  1. Security Policy
  2. co.za process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  3. Payfast.co.za is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  4. The Merchant does not have access to credit details.
  5. Payfast continually reviews and enhances its security in line with technological changes.

See: https://www.payfast.co.za/end-user-agreement/

See: https://www.payfast.co.za/privacy-policy/

See: https://www.payfast.co.za/email-legal-terms/

See: https://www.payfast.co.za/security-fraud/

  1. Law

The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of the Republic of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

  1. Consent

I understand that all the designs and trademarks are registered to Best Ad Design and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Best Ad Design for any civil action or any legal action deemed necessary against me.

  1. Contact Us

If you have any questions about this Agreement, please feel free to contact us at info@bestaddesign.co.za

  1. Technical Support

Registered users with active subscription who seek assistance are offered free of charge technical support technical support, which covers:

  • Fixing reported bugs in listings. The bug needs to be reported along with instructions on how to recreate it,
  • instructions and assistance in use and configuration of extensions,
  • fixing issues related to updating lead generation listing pages.


The free of charge technical support does not cover:

  • customization which requires modify of listing,
  • adding new features or modifying existing ones
  • and integration with 3rd party listiings.