SAMSYN’S TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES
By accessing or using www.samsyn.co.za or any of its related blogs, websites or platforms (collectively, "the Website”), owned by Samsyn (Pty) Ltd. (reg: 2021/521044/07) ("Samsyn”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the "Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Samsyn.
Please see Samsyn’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please pay specific attention to the BOLD paragraphs of the Samsyn Terms. These paragraphs limit the risk or liability of Samsyn constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Samsyn or is an acknowledgment of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Services. Samsyn will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
· The terms "user", "you" and "your” are used interchangeably in these Terms and refer to all persons accessing the Website or Samsyn Services for any reason whatsoever. Accordingly, the terms "us”, "our” or "we” refers to Samsyn or its possession.
· Not all terms are necessarily defined in order.
· These terms were last updated on 22 June 2021.
· In order to become a Vendor on the Website, you must take heed of the additional Terms applicable to being a Vendor on the Website (provided below) and/or conclude a separate Vendor application procedure as directed on the Website.
1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. Samsyn provides an online platform which, amongst other services ("Samsyn Services”), operates as an online marketplace allowing independent users ("Requesters”) to post requests for services/products to be provided to them. Independent manufacturing/supply vendors ("Vendors”) can advertise their Vendor Services on the Website for review by Requesters, and also reply to Requester requests on the Website and have their quote made available to the requesting user, for those two parties to then conclude a transaction between them in relation to the quoted Vendor services/products ("Vendor Services”), using the Website to facilitate the engagement. Such transactions and/or engagements formed between the Vendor and Requester are entirely the private transaction between those relevant users, and has nothing further to do with Samsyn.
1.2. Depending on the exact Samsyn Services used on the Website, users may need to pay a fee to Samsyn, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee. In short, and subject to the conditions below, Requesters do not pay a fee to action a request for a quote or to use the Samsyn Services, but Vendors will need to pay a fee to use the Samsyn Services and have their Vendor Services made available on the Website.
1.3. These Terms explain theconditions applicable to all users, including Requesters and Vendors, using the Website and/or the Samsyn Services. In order to become a Vendor on the Website, you must complete the additional Vendor’s application with Samsyn.
1.4. In order to use many of the Samsyn Services and/or become a Vendor or Requester, users must register on the Website using the prompted methods, and submit any required information to create a "Profile” – more information about this below.
1.4.1. For clarity, Requesters can browse without a Profile, however, should they want to communicate through the messaging service or process an order, they would have to sign up to create a Profile.
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Samsyn uploading the amended Terms to the Website. Your continued access or use of the Website and/or Samsyn Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Samsyn Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Samsyn Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Samsyn Services.
2. RELATIONSHIP BETWEEN THE PARTIES
2.1. SAMSYN PROVIDES SOFTWARE SERVICES AND IS NOT AN AGENT, INTERMEDIARY NOR PARTNER OR OTHER ADVISER TO ANY USER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SAMSYN SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH SAMSYN HOLDS NO RESPONSIBILITY.
2.2. All users understand and expressly agree that a Vendor is at all times an independent service provider, and is not an employee, partner nor agent of Samsyn’s in any regard. As such, all Vendor/Vendor Service-related issues or Vendor features are exclusively the liability of the Vendor, and not of Samsyn. Samsyn may assist the users in engaging, via the Website, but the Vendor is always responsible and liable for any and all of their Vendor Services offered.
2.3. If a Vendor is engaged by a user in a formal relationship during/subsequent to their use of the Website and Samsyn Services, these parties do so entirely at their own risk and via private arrangement.
2.4. Although Samsyn carefully curates Vendors, Vendor Services and/or user Profiles prior to being placed on the Website, Samsyn is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
3. USER REGISTRATION PROCESS
3.1. In order to become a user of the Samsyn Services as a Requester, and/or register as a Vendor on the Website and react to Requester posts, you must complete the necessary registration process detailed on the Website and acquire a "Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. Samsyn requires you to submit your name, email, contact number, job title, company name, business registration number and location when registering a Profile. Vendors may then setup additional features of their Profile, including adding information about themselves, their B-BBEE status, company information, company accreditations, their tax compliance certificate and/or Vendor Services which setup may require further information to be submitted, as prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requesting your Profile username and password in order to grant access to your Profile and data. To view or change your personal information provided, you can use the forgot password option on "Sign In” or email: email@example.com.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Samsyn using this information to facilitate a connection between you and another user.
3.7. Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information.
4. PROFILES, SERVICES AND FEES
4.1. Whilst users can search through the Website without a Profile, in order to become a listed Vendor or Requester and to access the full range of Samsyn Services, users must register a Profile using the relevant tools on the Website.
4.2. In addition to registering a Profile on the Website, Vendors can then apply to have their Vendor Services made available on the Website, using the relevant prompts on the Website. Mere application as a Vendor with Samsyn does not guarantee that the Vendor will indeed have their Vendor Services made available on the Website. Same will be contingent on various factors, including the Vendor’s successful adherence with this Agreement and the additional terms applicable to Vendors specifically.
4.3. The Website and Samsyn provides various online marketplace services, which amongst others, includes the following great offerings for both Requesters as well as Vendors:
4.3.1. Requesters can search through the various Vendors on the Website and engage them on acquiring their Vendor Services from them, using the faciliatory tools of the Website.
4.3.2. Requesters can submit sourcing requests to Samsyn via email at firstname.lastname@example.org.
4.3.3. Requesters understand that because the Vendor is an independent seller of retail goods/services, it may have its own terms of sale/service which, if applicable, will be provided to the user by the relevant Vendor when a purchase is being made from them. The Vendor’s terms may include provisions on refunds, confirmation of sale and the invoicing requirements applicable.
4.3.4. Vendors can make application to Samsyn via the Website to have their Vendor Services and subsequent goods/services listed on the Website for general users to then search through and purchase from the Vendor.
4.3.5. Vendors can then maintain and build their Profile to advertise and sell their Vendor Services in whatever way they see fit (subject to these Terms).
4.3.6. Vendors will then provide responses to the Requesters’ requests for engagement, and can also dictate their own terms of sale for each transaction.
4.3.7. Vendors can also use Samsyn to assist in the purchase order facilitation between the Vendor and Requester, for an additional Fee owed to Samsyn for same service. The provision of this facilitatory service does not however make Samsyn a party to the private transaction between Vendor and Requester.
4.3.8. Vendors can also have their adverts and Profiles bolstered, profiled or prioritised on the Website, with the payment of an additional Fee to Samsyn for such Samsyn Services.
4.3.9. Samsyn may also link appropriate and matching Vendors and Requesters to engage, but does so on its own volition and not in an attempt to become involved in the private transactions between the relevant Vendor and Requester.
4.4. Please consult the https://www.samsyn.co.za/supplier page on our Website for details of our applicable Services at any given time.
Fees owed by Vendors to Samsyn:
4.5. In order to use the Samsyn Services as a Requester, there is no fee. Naturally, the purchase of Vendor Services from Vendors will attract a fee to be charged by the Vendor and to be paid by the Requester.
4.6. However, Vendors will need to pay a fee to Samsyn in order to use the Samsyn Services ("Fee”).
4.7. The Fee is paid by the Vendor to be allowed to create and maintain their Profile on the Website, provide quotes to Requesters when requested, and be able to sell their Vendor Services to Requesters via the Website using its facilitatory tools.
4.8. The following constitutes the basis for charging the Fee to the Vendor (and the components thereof):
4.8.1. The payment of a monthly subscription Fee (mandatory to all Vendors);
4.8.2. The payment of a listing Fee based on the number of products/services listed by the Vendor (mandatory to all Vendors who list goods/services);
4.8.3. The payment of an advertising Fee to have a Vendors goods/services especially profiled/advertised/bolstered on the Website (optional Service and Fee); and
4.8.4. The payment of a purchase order facilitatory Fee should Vendors wish to have Samsyn assist them in their purchase order processing with the relevant Requester (optional Service and Fee).
4.9. The subscription and listing Fee will be charged to the Vendor on a monthly basis, where the optional advertising and faciliatory fee will be invoiced to the Vendor each month once Samsyn has calculated the applicable amounts incurred the previous month. Vendors are liable to pay all fees immediately upon receipt of an invoice from Samsyn.
4.10. Any payment of a Fee by a Vendor to Samsyn will be facilitated by Samsyn using the preferred payment method designated in your Vendor’s Profile (such as Electronic bank transfer), after which Samsyn will send the Vendor an invoice by email. If your primary Profile payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Samsyn may use a secondary payment method in your Profile, if available.
Fees owed between a Requester and Vendor:
4.11. Once a Requester has confirmed their choice of Vendor quote to advance with, they will engage the Vendor using the tools on the Website and initiate the confirmation and acceptance of that Vendor’s quote with the Vendor.
4.12. Once the final quote and Vendor Services have been confirmed between the Requester and Vendor, the Requester and Vendor must [ Vendor must provide the Requester with their contact details, Vendor will share the transactional details with Requester for payment, Vendor will update the order on the Samsyn Profile as to payment received, and delivery completed.].
4.13. Any final quote provided by a Vendor to a Requester must include all applicable taxes, ancillary charges, duties and/or other charges to be included as the total fee to be paid by their Requester.
4.14. You may contact us via email at email@example.com to obtain a full record of your payment for any transaction conducted via the Samsyn Services.
4.15. For further information on the current Samsyn Services available generally or applicable to you, please contact firstname.lastname@example.org who will gladly assist.
4.16. To terminate your use of the Samsyn Services or the Website, please see clause 16 below.
4.17. Samsyn and/or a Vendor may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Samsyn Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Samsyn Services or the fees applied to you.
4.18. All amounts stated shall attract Value Added Tax ("VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Samsyn.
4.19. Samsyn reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Samsyn Services at any time in Samsyn’s sole discretion. Samsyn will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
5. USER RESPONSIBILITIES AND WARRANTIES
5.1. By using the Website and/or the Samsyn Services, you warrant that:
5.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
5.1.2. you have not made any misrepresentations and the information provided in the registration process and/or related to your Vendor Services (including quotes and the information thereon) is true, accurate and complete in every regard;
5.1.3. you will timeously pay any due Fees to Samsyn when required to do so under these Terms;
5.1.4. you expressly understand and agree to how Samsyn is only a facilitating party for all users, and any liability stemming from any Vendor Services lies exclusively with the relevant Vendor, and not with Samsyn;
5.1.5. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Samsyn Services;
5.1.6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Samsyn’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
5.1.7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
5.1.8. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Samsyn is not liable at all for such payment of any such tax, duty or VAT on your behalf;
5.1.9. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
5.1.10. you will treat all other users and Vendors with respect and dignity at all times;
5.1.11. you will not use the Website platform for any commercial purpose other than as expressly provided for by Samsyn and the Terms;
5.1.12. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
5.1.13. you will not facilitate or assist any third party to do any of the above,
failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
5.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
5.3. Without prejudice to any of Samsyn’s other rights (whether at law or otherwise), Samsyn reserves the right to deny you access to the Website or the Samsyn Services where Samsyn believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
5.4. Samsyn does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
6. ADDITIONAL TERMS FOR VENDORS
6.1. The following terms are applicable to Vendors only, relating to their use of the Samsyn Services, the Website as well as their offering of their Vendor Services via the Website.
6.1.1. The Vendor’s acceptance or completion of any Vendor Service request on the Website, and any use of the Website indicates the Vendor’s explicit/tacit acceptance of the Terms.
6.1.2. Vendors explicitly understand and agree that Samsyn and/or the Website does not sell nor offer any Vendor Services in whatever nature or form, but simply enables private Requests and Vendors to meet and transact, using the Website. The Vendor is the seller of their Vendor Services to the Requester, and the Requester is the buyer of the Vendor Services from the Vendor; Samsyn and the Website are merely a limited general facilitator for both parties to conduct their private transaction with convenience.
6.1.3. The Vendor, by being included on the Website, warrants that it will at all times:
18.104.22.168. advertise and make available their Vendor Services for solicitation and purchase from Requesters on the Website;
22.214.171.124. timeously accept and complete all Vendor Services orders placed by a Requester through the Samsyn Website with the Vendor from time to time;
126.96.36.199. have all of the applicable and required qualifications, trading/business rights, permits, registrations, licenses and/or regulator authorizations to provide the quoted Vendor Services in all jurisdictions to which laws they and their services are subject;
188.8.131.52. make available to any buying Requester the Vendor’s particular terms of sale which may apply to that transaction, before the sale is finalised, which the user may accept or reject, and which must be adhered to by the Vendor;
184.108.40.206. shall maintain and be responsible for any registration or access to the Website required to render its transactional Vendor Services to a Requester on the Website;
220.127.116.11. never circumvent or attempt to circumvent the Website and/or Samsyn in providing their Vendor Services to Website users outside of the Website with the intention of deriving a sole and exclusive benefit, to the detriment of Samsyn;
18.104.22.168. adhere to all applicable consumer protection and other laws when conducting their private transactional engagement with their Requester users, as well as in making their Vendor Services available for sale in South Africa (including all duties for the Vendor to apply relating to personal data processing standards and/or Know-Your-Client or Anti-Money Laundering duties which may be applicable, labelling, age-restrictions and hazard warning prescriptions);
22.214.171.124. allow, and grant to, Samsyn a non-exclusive and non-transferable right to the Vendor’s intellectual property (including pictures and descriptions of the Vendor, and their Vendor Services offered) to be used only on the Website and/or by Samsyn when advertising or describing the Vendor’s Services on the Website or to other Vendors and/or Website users; and
126.96.36.199. provide correct and up-to-date information regarding the Vendor Services, including applicable prices, work availability, service characteristics, any applicable warnings, other necessary Vendor details and/or Vendor qualifications and characteristics, to Samsyn and/or the Website when necessary or requested,
failing which, the Vendor will immediately be deemed to be committing a material breach of these Terms, allowing Samsyn to claim contractual damages from the Vendor for any losses Samsyn suffers thereby.
6.1.4. All Vendor Services fees charged by the Vendor to a Requester for the ordered Vendor Services must exactly match the fees advertised by the Vendor for that particular Vendor Service on the Website and/or in the Vendor quote agreed to between the Vendor and Requester when concluding the acceptance of any Vendor quote.
6.1.5. It is the sole responsibility of the Vendor to collect and pay any relevant, applicable income tax, VAT or other taxes associated with advertising and selling its Vendor Services and generally, including ensuring that any Vendor Services fee represented on the Website/their quote, includes these taxes or fees as and when required.
6.1.6. In the event that a user purchases Vendor Services from the Vendor using the Website:
188.8.131.52. Oncea user makes a purchase of Vendor Services via the Website, confirmation of same must be concluded by the Vendor using/subject to the following process:
184.108.40.206.1. the Vendor will accept the purchase on the Vendor Dashboard,
220.127.116.11.2. a system generated email will be sent to the Requester confirming the order;
18.104.22.168.3. the Vendor receives payment and processes delivery as per their own payment and delivery policies;
22.214.171.124.4. at each instance, the Vendor updates the system to indicate order fulfilment;
126.96.36.199.5. a system generated email will be sent out to Vendors and Requesters to confirm the successful order completed; and then
188.8.131.52.6. the Vendor can invite the Requester to leave a review or rating of services provided.
6.1.7. Notwithstanding the above, should a Requester receive Vendor Services which they deem as unacceptable and are entitled to reject under applicable laws, the Requester and Vendor will engage with each other as the private parties to the transaction and reach an amicable solution amongst themselves. Samsyn does not have to, but reserves the right to, become involved in any such dispute in order to assist the private parties reach a solution. Samsyn is however under no obligation to do so.
6.1.8. All liability related to the offering, advertisement and/or provision of the Vendor Services lies strictly with the Vendor as the provider of same Vendor Services to the Requester, which the Requester is made explicitly aware of.
6.1.9. The Vendor shall not be entitled to cede, assign, transfer or delegate all or any of its rights, obligations, interests in, under or in terms of the Terms to any third party without the prior written consent of Samsyn.
7. RECEIPT AND TRANSMISSION OF DATA MESSAGES
7.1. Data messages, including email messages, sent by you to Samsyn will be considered to be received only when acknowledged or responded to.
7.2. Data messages sent by Samsyn to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
7.3. Samsyn and/or Vendors reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
7.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Samsyn is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Samsyn and a user, or between users.
8. HYPERLINKS, DEEP LINKS, FRAMING
8.1. The Website may include links to other internet sites ("the other sites"). Samsyn does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Samsyn endorsement, agreement on or support of the content or products of such target sites.
8.2. Samsyn does not purport to own the content on the other sites which may be shown on the Website.
8.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Vendor.
9. ADVERTISING AND SPONSORSHIP
9.1. The Website may contain advertising and sponsorship from Vendors and/or other third parties. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all applicable laws and regulations.
9.2. Samsyn, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
10. INTELLECTUAL PROPERTY PROTECTION
10.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, Vendor Service descriptions, Vendor logos, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Samsyn in use of the Samsyn Services, ("the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Samsyn, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
10.1.1. For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided Samsyn with a non-exclusive, non-transferable licence to use such user intellectual property as Samsyn deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
10.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Samsyn first being granted, which consent may be refused at the discretion of Samsyn. No modification of any intellectual property or editorial content or graphics is permitted.
10.3. Samsyn reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
10.4. Where any of the Website intellectual property has been licensed to Samsyn or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Samsyn Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
10.5. Subject to adherence to the Terms, Samsyn grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Samsyn.
10.6. Any enquiries regarding any of the above relating to intellectual property must be directed to Samsyn at email@example.com.
11. PRIVACY AND DATA PROCESSING
12. DISCLAIMERS AND WARRANTIES
12.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Samsyn makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user, the information contained about Vendor Services, Vendor quotes and/or on the Website in any way.
12.2. All information or opinions of users made available on the Website in relation to any of the Samsyn Services or Vendor Services are those of the authors and not Samsyn. While Samsyn makes every reasonable effort to present such information accurately and reliably on the Website, Samsyn does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website, in Vendor Services or from another user.
12.3. Samsyn, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Vendor Services in any way.
12.4. Samsyn, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Samsyn Services, and access to, or use of, the Website in any manner.
12.5. Users from locations outside of South Africa, please note that Samsyn complies with all South African laws in representing the Samsyn Services. Should foreign law be applicable in any regard to your use of the Samsyn Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Samsyn from any liability it may acquire by virtue of its supply of the Website and/or Samsyn Services.
12.6. Samsyn takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Samsyn does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
13.1. The user indemnifies and holds harmless Samsyn, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Samsyn Services offered or concluded through the Website in any way.
13.2. The user agrees to indemnify, defend and hold Samsyn harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Samsyn Services or Vendor Services and for breach of these Terms.
13.3. This clause will survive termination of this agreement.
14. COMPANY INFORMATION
14.1. Site/Domain owner: Samsyn (Pty) Ltd.
14.2. Company type: for-profit, private limited liability
14.3. Registration Number: 2021/521044/07
14.4. Director: Prabashnee Naidoo
14.5. Description of main business: Online marketplace platform
14.6. Telephone number: 031 054 6381
14.7. E-mail address: firstname.lastname@example.org
14.8. Website address/name: www.samsyn.co.za
14.9. Physical address: 28 Sanctuary Place, Pinetown
14.10. Postal address: 28 Sanctuary Place. Pinetown
14.11. Registered address: 28 Sanctuary Place, Pinetown
15.1. Access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
Disputes between users and Samsyn:
15.2. Should any dispute, disagreement or claim arise between a user and Samsyn concerning use of the Website or the Samsyn Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
15.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
15.4. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
15.5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
Disputes between users:
15.6. Should a dispute arise between users and their private transaction relating to the Vendor Services, said dispute is between the Requester and Vendor exclusively, where Samsyn is not responsible for fulfilling any function in any way or in any role.
15.7. The users agree that they shall handle their private dispute between them in the manner in which they mutually deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
15.8. Notwithstanding the above, the parties in a private dispute must inform Samsyn of the dispute in order for Samsyn to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
16. TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. IN ADDITION TO THE RIGHTS ABOVE, SAMSYN RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SAMSYN SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT SAMSYN GIVES REASONABLE NOTICE TO YOU.
16.2. If you wish to terminate the agreement with Samsyn, or end your use of the Samsyn Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
16.3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Samsyn Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Samsyn.
16.4. In the event of termination of your agreement with the Terms and with Samsyn, Samsyn will remove you from the Website and delete your Profile.
17.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
17.1.1. in the case of Samsyn, at email@example.com; or
17.1.2. in the case of the user, at the email and addresses provided by the user to Samsyn in the Profile registration process.
17.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
18.2. No indulgence, leniency or extension of time granted by Samsyn shall constitute a waiver of any of Samsyn’s rights under these Terms and, accordingly, Samsyn shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
18.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.5. Should you have any complaints or queries, kindly address an email to firstname.lastname@example.org advising Samsyn of same.
18.6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Samsyn, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
18.7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18