Terms and Conditions

These terms and conditions was last updated on 11/03/2022.

Terms and conditions of use of the MARKETS NEAR ME website, owned by Find It Near Me (Pty) Ltd and managed by Smart Enabling Technologies & Solutions (Pty) Ltd

1.   Introduction

1. These terms and conditions shall govern your use of our website.
2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
4. You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2.   Copyright Notice

1. Copyright (c) 2022 Find It Near Me (Pty) Ltd
2. Subject to the express provisions of these terms and conditions:
   1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
   2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.   License to Use Website

1. You may:
   1. view pages from our website in a web browser;
   2. download pages from our website for caching in a web browser;
   3. print pages from our website;
   4. stream audio and video files from our website; and
   5. use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3. You may only use our website for your own personal and business purposes (in case of MARKETS NEAR ME members only), and you must not use our website for any other purposes.
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5. Unless you own or control the relevant rights in the material, you must not:
   1. republish material from our website (including republication on another website);
   2. sell, rent or sub-license material from our website;
   3. show any material from our website in public;
   4. exploit material from our website for a commercial purpose; or
   5. redistribute material from our website.
6. Notwithstanding Section 3.5, you may redistribute our newsletter and/or news as published in the online news section in print and electronic form to any person, unless otherwise the newsletter/news article is intended for MARKETS NEAR ME members only.
7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.   Acceptable Use

1. You must not:
   1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
   5. access or otherwise interact with our website using any robot, spider or other automated means;
   6. violate the directives set out in the files of our website; or
   7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.   Markets Near Me Online Directory Listing Platform

1. The MARKETS NEAR ME platform provides an online directory listing, online content, resources, training, webinars, masterclasses, programmes and other business development aids and technology solutions to help markets and market stall business owners to manage, grow and scale a VALUABLE market business.
2. This is provided through the Markets Near Me website as well as partner platforms like the Value Creator Ecosystem platform and service providers like Smart Business Solutions.
3. If you sign up for our digital products and services, you agree to abide by all policies and procedures that are outlined in this agreement as a condition for participating in any of our online events or programmes.

6.   Disclaimer

1. As a client, and user of the MARKETS NEAR ME platform, you understand that Alistair Gordon and Find It Near Me (Pty) Ltd is not an agent, lawyer, doctor, manager, therapist, public relations manager, financial analyst, psychologist or accountant.
2. As a client, and user of the MARKETS NEAR ME platform, you understand that neither Alistair Gordon nor Find It Near Me (Pty) Ltd has promised, nor shall be obligated to the following:
   1. Success in business, results and sales for you as a client.  The success of previous clients we have worked with is not guaranteed to you as a client and user of this platform, and it is up to you as our client to do the work to achieve your own success. 
   2. Provide assistance, as either a business coach, business mentor or business consultant with consultations for future business contracts made by yourself as our client.
   3. Procure any publicity, social media exposure, interviews, write-ups, features, television or print promotions for you as our client.
   4. Introduce you as our client to Alistair’s full network of contacts, media or business partners.
   5. To continue a relationship with yourself as our client after conclusion of any programme that you sign up for or online event you attend.
3. Every effort has been made to accurately represent the benefits of the technology solutions, programmes and strategic interventions to help you build a valuable business.
4. There is however no guarantee that you will earn any money or grow your business.  Earning and growth potential is entirely dependent on the industry your business operates in, and yourself, and the extent to which you utilise the digital products, services, programme content and techniques.  We do not purport any of the digital products and services to be a “get rich scheme”.
5. Your level of success and growth depends on the time you devote to the programmes, ideas and techniques mentioned, your finances, knowledge and entrepreneurial skillset.
6. Since these factors differ according to each individual, we cannot guarantee your success, income level or growth, nor are we responsible for any of your actions.
7. Materials in our presentations, programmes and on our website may contain information that includes or is based upon forward-looking statements, which provide an expectation or forecast of future events.  These statements do not relate strictly to historical or current facts.  The statements use words such as “anticipate,”  “estimate,” “expect,” “project,” “intend,” “plan,” “believe” or any other similar words and terms of similar meaning in connection with the description of potential earnings or growth.

7.   Registration & Accounts

1. To be eligible for a MARKETS NEAR ME member account on our website, you are required to subscribe to one of the market owner or market stall vendor membership plans.
2. You will be required to complete your information on checkout when making a booking – this information will be used to create a user account on the website.
3. Once you have subscribed to a membership plan, you will have access to the members area where you will be able to create a directory listing for your local food + craft market or mart stall.
4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5. You must not use any other person’s account to access the website.

8.   User ID’s & Passwords

1. If you purchase one of our membership subscription plans, you will need to provide a username and password for the creation of your user account which will be created as part of the purchasing process.  You can change the password at a later stage.
2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

9.   Cancellation & Suspension of Accounts

1. We may:
   1. [suspend your account;]
   2. [cancel your account; and/or]
   3. [edit your account details,] at any time in our sole discretion without notice or explanation.
2. We will cancel your account on our website if your membership is terminated from whatever reason.

10.   Your Content –  License

1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3. You grant to us the right to sub-license the rights licensed under Section 10.2.
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on our website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11.   Your Content – Rules

1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
   1. be libellous or maliciously false;
   2. be obscene or indecent;
   3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
   4. infringe any right of confidence, right of privacy or right under data protection legislation;
   5. constitute negligent advice or contain any negligent statement;
   6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
   7. be in contempt of any court, or in breach of any court order;
   8. be in breach of racial or religious hatred or discrimination legislation;
   9. be blasphemous;
   10. be in breach of official secrets legislation;
   11. be in breach of any contractual obligation owed to any person;
   12. depict violence, in an explicit, graphic or gratuitous manner;
   13. be pornographic, lewd, suggestive or sexually explicit;
   14. be untrue, false, inaccurate or misleading;
   15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
   16. constitute spam;
   17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
   18. cause annoyance, inconvenience or needless anxiety to any person.

12.   Confidentiality

1. Find It Near Me (Pty) Ltd T/A Markets Near Me respects your privacy as our client and insist that you respect ours as well.  Please consider this as a mutual non-disclosure agreement.
2. Any confidential information shared by Find It Near Me (Pty) Ltd, or any of our representatives, is confidential, proprietary and belongs solely and exclusively to the client or representative who discloses the information.
3. Both parties agree not to disclose, reveal or make use of confidential information or any transactions during discussions, events or the business development programmes, or otherwise.
4. Both parties will keep private information in the strictest of confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft.
5. You agree not to violate the privacy rights belonging to Find It Near Me (Pty) Ltd.  Furthermore, you agree not to reveal any information to a third party obtained in connection with this agreement or our direct or indirect dealings with you as our client, including but not limited to, names, email addresses, third party company titles or positions, phone numbers or addresses of other Markets Near Me members, without the express permission of Find It Near Me (Pty) Ltd or the Markets Near Me community member.
6. By utilising the Markets Near Me platform, our digital products and services, and by attending our online events, you agree that if you violate or display any likelihood of violating this agreement, Find It Near Me (Pty) Ltd and/or the other Markets Near Me community members will be entitled to injunctive relief to prohibit any such violations to protect against harm of such violations.

13.  Your Responsibility

1. The information shared through the Markets Near Me online directory listing platform are for information and marketing purposes of the respective Markets Near Me members.
2. Any online content, resources, training, webinars, masterclasses, programmes and other information shared about business development strategies and technology solutions are strictly educational purposes only.
3. You accept and agree that you are 100% responsible for your progress and the results from the online directory listing platform, digital products, services, online content, resources, training, webinars, masterclasses, programmes and other information provided through the Markets Near Me platform, the Value Creator Ecosystem platform and Smart Business Solutions.
4. Find It Near Me (Pty) Ltd makes no representations, warranties or guarantees verbally or in writing.
5. As our client, you understand that because of the nature of the digital platform and the digital products and services offered by the Value Creator Ecosystem, Smart Business Solutions and their extent, the results experienced by you as our client may vary significantly from our other clients.
6. You acknowledge that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that you will reach your goals as a result of utilising the Markets Near Me online directory listing platform and participating in any of our Value Creator Ecosystem events or programmes.
7. The Value Creator Ecosystem online content, resources, training, webinars, masterclasses, programmes and other information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to you as an individual.   

14.   Limited Warranties

1. We do not warrant or represent:
   1. the completeness or accuracy of the information published on our website;
   2. that the material on the website is up to date; or
   3. that the website or any service on the website will remain available.
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

15.   Limitations & Exclusions of Liability

1. Nothing in these terms and conditions will:
   1. limit or exclude any liability for death or personal injury resulting from negligence;
   2. limit or exclude any liability for fraud or fraudulent misrepresentation;
   3. limit any liabilities in any way that is not permitted under applicable law; or
   4. exclude any liabilities that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
   1. are subject to Section 15.1; and
   2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.   Breaches of These Terms & Conditions

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
   1. send you one or more formal warnings;
   2. temporarily suspend your access to our website;
   3. permanently prohibit you from accessing our website;
   4. block computers using your IP address from accessing our website;
   5. contact any or all your internet service providers and request that they block your access to our website;
   6. commence legal action against you, whether for breach of contract or otherwise; and/or
   7. suspend or delete your account on our website.
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17.   Variation

1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.  We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

18.   Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

19.   Severability

1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20.   Third Party Rights

1. These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

21.   Entire Agreement

1. Subject to Section 15.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

22.   Law & Jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with the South African Law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

23.   Statutory & Regulatory Disclosure

1. We are registered with the Companies and Intellectual Property Commission as a Company; you can find the online version of the register at www.cipc.co.za, and our registration number is 2021/121722/07.

24.   Our Details

1. This website is owned and operated by Find It Near Me (Pty) Ltd and managed by Smart Enabling Technologies & Solutions (Pty) Ltd.
2. We are registered in South Africa under registration number 2021/121722/07, and our registered office address is: “To be updated“
3. You can contact us by writing to the business address given above, by using our website contact form, or by email to info@finditnearme.co.za