Terms and Conditions
1. Welcome and introductionWelcome to this Take-off Marketplace (‘Take-off’). Take-off provides website services
to facilitate interaction between sellers and buyers in speciality interest fields (‘users’). These terms and conditions apply to both categories of users. By entering this site,
you acknowledge and agree to all terms and conditions stated herein. Please read them carefully.
Should it be necessary to communicate with you, you consent to receive communications from us by email and you agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Intellectual property and copyright
All sellers warrant that no material used in business and seller profiles and posts, or otherwise placed by them on any Take-off website, infringes any intellectual property rights or other rights of any other person. Should this not be the case, the seller concerned holds Take-off indemnified against any claim made against Take-off as a result of this warranty being untrue or breached in any way.
5. Advertising material provided by sellers
Sellers warrant that they will ensure that all copy, photographs and other material included by them in their profiles and posts:
- is fair and accurately describes the products or services which they are advertising;
- is not false, misleading or incorrect;
- may not be deemed to be abusive or offensive;
- does not malign or criticize the products or services of other suppliers of such products or services;
- does not in any way negatively affect the personal or other rights of any other person, company, business or organization;
- complies with all applicable legislation, laws and regulations; and
- does not contravene any applicable legislation, laws and regulations;
Sellers agree that they will hold Take-off indemnified against any claim made against Take-off as a result
of such sellers breaching these warranties and obligations.Sellers further agree that Take-off may immediately and without notice remove any offending profiles and posts as soon as Take-off becomes aware of transgressions. No refunds will be made to any offending seller in this case.
6. Disclaimers and limitation of liability
Take-off’s mission is to facilitate interaction between sellers and buyers by providing user-friendly,
functional and attractive websites catering to users in speciality interest fields. Any transactions undertaken as a result of this interaction shall be effected by the parties dealing directly with each other outside this site and shall be at the risk of the seller and buyer in each case.Take-off cannot be held responsible for any loss arising from reliance on anything displayed on this site, whether as a result of errors, omissions, deliberate or accidental misrepresentations or any other cause.Take-off makes no representations and takes no responsibility for the accuracy, validity, completeness and reliability of any details or other information posted by sellers and displayed on this site, nor is there any endorsement, express or implied, by Take-off of any products or services advertised, or of the credentials of the sellers advertising, on this site.Although Take-off’s sites are hosted by an established and reputable hosting provider, Take-off can offer no guarantees that access to this site will not be interrupted or that there will be no failures in information transmission or retention as a result of this provider not delivering consistent service.Take-off will not be liable for any damages, liability or harm caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, Trojan horses, malware of any sort, communication line failure, theft, destruction or alteration of data arising from unauthorized access or use of any Take-off website, or any other cause.Take-off will use its best endeavours to ensure that the website will be accessible at all times, but can give no warranties nor accept any liability in this regard.Users must accept that irregularity of power supply in South Africa can severely affect the reliability and continuity of the website. Take-off can give no warranties nor accept liability in this regard.Take-off does not accept responsibility for security of sellers’ passwords in respect of their use in respect of this site. Sellers are urged to observe normal security protocols over their passwords.
7. Payment terms and conditions
Prices and payment terms and conditions in respect of private and business sellers are set out under ‘Pricing’ above. Specific terms and conditions to which all sellers agree, are:
7.1. Private sellers
Payment is to be made in advance. No posts will be accepted until Take-off has received confirmation that payment has been received. Dependent on the payment method chosen, this may be instant.
7.2. Business sellers
Business sellers who elect to avail themselves of the premium ‘Business Profiles’ may make their posts immediately they have completed the registration procedures. Credit will be granted on the basis that they undertake to pay by direct Electronic Funds Transfer into Take-off’s nominated bank account within 35 days from the end of the month during which the post was made.If any business seller does not make payment within this timeframe, the seller’s business profile and any individual posts made will immediately be deleted. Take-off reserves the right to take reasonable steps to recover the debt and reasonable costs, disbursements and fees, including but not limited to attorney’s fees, incurred in recovering the debt.
7.3. All sellers
No refunds will be made in respect of business profiles or postings cancelled by sellers.
8. Take-off’s website design and coding
Take-off’s website design and coding may be used by sellers and buyers solely for the purpose of posting business profiles and advertisements, and for making contact with sellers, and no portion of Take-off’s website design and coding may be incorporated into, or adapted for use with, users’ own programmes. No person may, either individually or with third parties, copy, modify, reverse-engineer, decompile or disassemble, or otherwise tamper with, the Take-off website design and coding, whether in whole or in part, or create any derivative works from or of the Take-off website design and coding. Should any user breach the provisions of this section, Take-off reserves the right to summarily terminate any and all rights which such user may have established in terms of the website’s operations and conditions, and to remove all advertising placed by the user. In this event, no refunds will be made, and Take-off reserves all rights at law which it may have.
All users of this website agree that any dispute or claim relating directly to use of this website will be resolved by binding arbitration, rather than in court, except that if a claim qualifies, it may be asserted in a small claims court in Durban, South Africa.
If you do not comply with any of these online terms or violate any of the conditions when accessing or otherwise using this Take-off website, Take-off reserves the right to suspend your access to the website temporarily or permanently without notice. Although it is unlikely that Take-off will cease operating the website during the unexpired period of any seller’s paid-up advertising, if this were to occur for any reason, no refunds will be made.
11. Updates to the website
In order to keep this Take-off website up-to-date, the design and functionality of the website, and the terms and conditions of use thereof, may change from time to time without notice.