Hewkon Publications (“the Company”) : Terms and Conditions
ACCEPTANCE OF TERMS
This Agreement contains the complete terms and conditions that apply to your participation in our Site. If you wish to use the Site including its tools and services please read these terms of use carefully. By accessing this Site or using any part of the Site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site. The content or services or tools on this Site are protected by copyright and trademark laws.
MODIFICATIONS OF TERMS OF USE
Amendments to this agreement can be made and effected by us from time to time without specific notice. This Agreement as posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.
USE OF THE SITE
The Site allows you to post listings, offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
REGISTRATION INFORMATION
For you to complete the sign-up process in our Site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Site or third parties during any visit to the Site shall be subject to the terms of the Company’s Privacy Policy.
TERM
This Agreement will remain in full force and effect while you use the Site. We may terminate your membership for any reason at any time. If you are a paid member and we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
DISCLAIMER, EXCLUSIONS AND LIMITATIONS
We make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The information on this Site is provided on an "as is” and “as available” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this Site and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Site and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this Site. The excluded liabilities include, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that You will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer is proprietary information of the Company. Such customer information is confidential and may not be disclosed. The Company agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
PAYMENTS AND PROCESSES OF INVIOCES
Our fees and charges are quoted in US dollars. The Company has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by the Company prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for membership or for any other products shall be made by cash at the offices of the Company, or by bank transfers or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. The Company has all the discretion to cancel or deny orders.
The Company is not responsible for pricing, typographical, or other errors in any offer and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date.
REVISIONS AND ERRATA
The content on this Site may have errors of a technical nature or may have errors of typography or any other errors of a photographic nature. The Company does not warrant that any of the materials on its Site are accurate, complete, or current. The Company may make changes to the materials contained on its Site at any time without notice. The Company does not, however, make any commitment to update the materials.
LINKS TO THIS WEBSITE
You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Site by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s sites which are linked to from this Site. Opinions expressed or material appearing on such sites are not necessarily shared or endorsed by us and should not be regarded as the opinions or materials of the Company. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our Site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. The Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
FRAUD
FRAUDULENT ACTIVITIES are highly monitored in our Site and if fraud is detected the Company shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER
Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
AND SEVERITY OF TERMS.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
ADDITIONAL RULES WHICH GOVERN LISTINGS
- An account created and approved on this Site is for only one company or entity. This account cannot be used for multiple companies with different names.
- You are not allowed to include URLs and website addresses in the descriptive fields of the listings.
- If you include email addresses in the descriptive listing fields, you will be exposed to spam.
- Include each listing in the appropriate and relevant category.
ENTIRE AGREEMENT
This Agreement shall be governed by and construed in accordance with the substantive laws of Zimbabwe, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURIDICTION
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Zimbabwe, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
