TERMS AND CONDITIONS
These Terms and Conditions control your access to and use of our services and products, including those provided through our website (whichvoip.co.za) and platforms (jointly referred to as the “Services”). By accessing and using the Service, you warrant that you agree with these Terms and Conditions and consenting to a legal contract with M. Barker, T/A WhichVoIP.co.za. You should not access or use the Service if you do not agree to be bound by these Terms and Conditions.
“You” and “your” means you, an individual user of the Service. A “user” is an individual who accesses or in any way, uses the Services. “We,” “us,” and “our” refer to M. Barker and its affiliates.
MODIFICATION OF THESE TERMS AND CONDITIONS
These Terms and Conditions are likely to change periodically, in our sole discretion. The modified version of these Terms and Conditions will be posted on our website. You acknowledge and consent that your access to and use of the Service is governed by the modified Terms and Conditions, which are active at the time you access or use the Service. We will notify you by posting the notice on our website or through other means before any material changes to these Terms and Conditions. In addition, we will indicate the date of the latest modification on this page. You are advised in your interest to regularly revisit these Terms and Conditions as the modified version will be binding on you.
You acknowledge and consent that your further access to and use of the Service after the date posted shall be construed as your acceptance of the modifications.
USING THE SERVICE
Permission to use the Service: You are permitted to access and use the Service based on these Terms and Conditions. Your access to and use of the Service is entirely at your own risk, including the risk of your likely exposure to contents that are indecent, offensive, objectionable, inaccurate, incomplete, our failure to provide a prior warning about potential hazards or risks, or as such, inappropriate.
Eligibility: For a user to access or use the Service, you must possess the power and applicable authority to enter into a binding contractual agreement and these Terms and Conditions. You are not allowed to access or use the Service if you are a competitor of whichvoip.co.za or if we have recently banned you from the Service or terminated your account.
Availability of Service: The Service may be updated, modified, suspended, interrupted, or discontinued without prior notice or liability.
Account: You are mandated to create an account and provide necessary information about yourself to use the features that are provided through the Service. You are exclusively responsible for maintaining strict confidentiality of your account details (username and password). Also, you are liable for all activities that occur under your account. You consent to notify us immediately you noticed an unauthorised use of your account. We reserve the sole right to suspend or terminate your account at any time and for any reason.
Your account is strictly for your personal, non-commercial use only, and you may not use such an account for anyone apart from yourself. We ask that you provide accurate information about yourself when creating the account to strengthen your credibility as a partaker of the Service.
Communications from whichvoip.co.za and Others: By accessing or using the Service, you agree to receive communications from us and our affiliates through the Service or any other available channels such as emails, push notifications, and so on. These communications may promote M.Barker or businesses listed on the Service. Please be informed that any communications with us will be monitored and recorded for quality purposes. You can opt-out of our subscription list by clicking on the link provided on any of our communications to you.
Responsibility for your content: You are exclusively responsible for your content. You acknowledge and accept all risks linked with your content, including anyone’s dependence on it for accuracy, quality, or reliability, any risks associated with your personal information you decided to share. You warrant and represent that you have necessary permissions to use and authorise to use your content as described in these Terms and Conditions. You may expose yourself to certain liabilities, for instance, if your content contains material that is misleading, false, defamatory; or infringes on any third-party rights, including trademark, copyright, trade secret, patent, privacy right, moral right, right of publicity, or any other intellectual property rights; contains unlawful materials, including hate speech; harms or otherwise exploit minors; breaches or encourages to breach any regulation or law; or violates these Terms and Conditions.
Our right to use your content: We may use your content in several ways, including by reformatting it, publicly displaying it, incorporating it into our advertisements, create derivative works from it, distributing it, promoting it, and allowing others to do the same in connection with their own media platform. In such circumstances, you grant us irrevocable, worldwide, royalty-free, non-exclusive, perpetual, sublicensable, assignable, and transferable rights to use your content for any purpose we deem fit. Please kindly note that you also grant other users of the Service irrevocable rights and other media platforms to access your content in connection with their use of the Service. Finally, you unconditionally waived and caused to be waived, against whichvoip.co.za and its users any assertions and claims of attribution or moral rights concerning your content. By “use”, we intend copy, use, display, and publicly perform, distribute, reproduce, modify, remove, translate, commercialize, analyze, and create derivative works of your content.
Advertising: M. Barker and its affiliates may publicly display advertisements or other information that is connected with your content. You are not entitled to any compensation for any or such advertisements. The mode, manner, and extent of such advertising are subject to change without any given notice to you.
WARRANTIES AND REPRESENTATIONS
We are under no compulsion or obligation to enforce the Terms and Conditions on your behalf against another user of the Service. While we encourage you to promptly inform us if you believe another user has violated these Terms and Conditions. We reserve the sole right to probe and take reasonable action in our exclusive discretion.
You warrant and represent that you will not, neither will you encourage, assist, or enable others to use the Service to:
- Breach these Terms and Conditions;
- Post any abusive or fake review, trade reviews with other users, or reward someone, or be rewarded for posting, withholding posting, or remove a review;
- Breach any third-party rights, including confidence violation, trademark, copyright, trade secret, patent, moral right, right of publicity, intellectual property rights, privacy right, or proprietary rights;
- Stalk, threaten, harm or harass others, or promote discrimination or bigotry;
- Promote a commercial or business venture or event, or otherwise use the Service for any commercial purposes, except in compliance with these Terms and Conditions.
- Adapt, appropriate, modify, distribute, reproduce, translate, create adaptations or derivative works of, trade, sell, publicly display, or in any way exploit the Service and its contents, unless as expressly authorized by us;
- Use any spider, robot, Service search/retrieval application, or any other automated process, device or means to access, scrape, retrieve, or index any portion of the Service or its content;
- Reverse engineer any aspect of the Service, except an applicable law forbids this restriction, in such case, you consent to give us 30 days written notice;
- Modify or remove any trademark, copyright or other proprietary rights notice that appears on any portion of the Service or any materials copied or printed from the Service;
- Frame or reformat any aspect of the Service;
- Take any step that places or may place, in our exclusive discretion, an unreasonably large burden on M. Barker’s technology or otherwise make excessive traffic demands on the Service;
- Attempt to gain unauthorized permission to the Service, accounts, networks, or computer systems associated with the Service through password mining, hacking or any other fraudulent means;
- Use the Service and the content to transfer or transmit any worms, computer viruses, defects, Trojan horses, spyware, malicious code, malware or other items or harmful or destructive nature;
- Use any software, device, or routine that inhibit the smooth operation of the Service, or otherwise attempt to hinder with the smooth operation of the Service;
- Circumvent, disable, remove, damage, or otherwise obstruct any security-related features of the Service, such features that block or prevents the copying or use of the content or features that enforce restrictions on the use of the Service.
Third-Party Services and Content
The Service may contain or host third-party content or include links to other applications or websites (a “Third-Party Service”). We do not endorse, neither do we control any third-party service or content. You consent that we are not liable for the correctness, availability or content of any such third-party. Your access, use of, and reliance on any third-party content or service is exclusively at your risk.
You consent to indemnify, defend and hold harmless M. Barker, its parents, affiliates, any related companies, partners and licensors, and the directors, officers, employees, representatives, contractors and agents of each of them (jointly, the “M. Barker Entities”) from and against any and all claims, demands, actions, liabilities, losses, damages, expenses and costs (including reasonable attorney’s fees and court charges) arising out of or related to:
- your access to or use of the Service, including your content,
- your breach of these Terms and Conditions,
- the violation of your warranties and representations provided under these Terms and Conditions,
- any products or services received or purchased by you about the Service,
- your services or products, or the marketing or provision thereof to end-users, or
- the violation by you, or any third-party accessing your account, of any intellectual property rights or any other rights of any entity or person.
- M.Barker reserves the right, at the expense of the user, to assume the defence and control of any issue for which you are required to indemnify us, and you consent to cooperate with our defence of these claims. You consent not to settle any related matter without the prior written permission of M. Barker. M. Barker will use all efforts to notify you of any such action, claim, or preceding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
KINDLY ENSURE THAT YOU READ THIS SECTION CAREFULLY AS LIMITS THE LIABILITY OF THE M. BARKER ENTITIES TO YOU.
THE SERVICE AND THE CONTENTS ARE PROVIDED ON AN “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS” BASIS, WITH THE UNDERSTANDING THAT THE M. BARKER ENTITIES MAY NOT MONITOR, CONTROL, OR CHECK USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE M. BARKER ENTITIES MAKE NO PROMISES OR CLAIMS WHATSOEVER ABOUT THE CORRECTNESS, QUALITY, COMPLETENESS, OR RELIABILITY OF THE SERVICE, ITS SECURITY OR SAFETY, OR THE CONTENT. ACCORDINGLY, THE M. BARKER ENTITIES ARE NOT RESPONSIBLE TO YOU FOR ANY PERSONAL INJURY, DAMAGE OR LOSS THAT MIGHT ARISE, FOR INSTANCE, FROM THE SERVICE’S INABILITY TO FUNCTION, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF INFRASTRUCTURES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
THE M. BARKER ENTITIES MAKE NO PROMISES OR CLAIMS CONCERNING ANY THIRD-PARTY, SUCH AS THE COMPANIES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER PRODUCTS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE M. BARKER ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, DAMAGE OR LOSS THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S OMISSIONS OR ACTIONS, INCLUDING, FOR INSTANCE, IF ANOTHER USER OR BUSINESS MISUSES YOUR IDENTITY, CONTENT OR PERSONAL INFORMATION, OR IF YOU HAVE ANY BAD EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF SERVICES OR PRODUCTS OFFERED BY THE THIRD PARTIES THROUGH THE SERVICE IS AT YOUR EXCLUSIVE DISCRETION AND RISK.
THE M. BARKER ENTITIES’ COLLATE MAXIMUM LIABILITY TO YOU FOR DAMAGES OR LOSSES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS AND CONDITIONS IS LIMITED TO THE GREATER OF
- THE FEE PAID, IF ANY, BY YOU TO THE M. BARKER ENTITIES AS A RESULT OF THE SERVICE IN 12 MONTHS BEFORE THE OCCURRENCE OF THE ACTION GIVING RISE TO LIABILITY, OR
THE M. BARKER ENTITIES WILL NOT BE LIABLE FOR
- INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES,
- LOSS OF REVENUE OR PROFITS,
- BUSINESS INTERRUPTION,
- REPUTATIONAL HARM,
- LOSS OF INFORMATION; OR
- LIABILITY CONCERNING A CONSUMER ALERT POSTED ON ANY M. BARKER BUSINESS PAGES FOR YOUR BUSINESS,
- We are not responsible for accuracy of business listings through the service;
- We are not responsible for accuracy for the detail in any of our comparison sections;
- We collect news from different sources and cite the source, if you want us to remove any article in the article section you can send us an email request;
- We do not control or verify the legitimacy of reviews, however, reviews can only be left by registered users, and reviews are moderated by our listing team, and can be reported should the listing owner contest a review from another user, where the team will work with all parties and may remove reviews at our discretion.
AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK.
You may terminate or cancel these Terms and Condition at any time once you close your account, discontinue your access to or use of the Service.
We may withhold your ability to use certain features of the Service, deactivate your account, terminate your permission or license granted to you under these Terms and Conditions, or ban you entirely from the Service for any reason at all, and without prior notice of any kind. Any such action can block you from accessing your account, using the Service, Service Content, your content, or any other information.
The Terms and Conditions herein contain the agreement between you and us relating to the use of the Service. As such, it supersedes any prior agreement between you and us on the subject matter. Both parties (i.e. M. Barker and you) agree that no dependence is placed on any presentation made but not expressly included in these Terms and Conditions.
Any inability on M. Barker’s part to enforce any provision or right under these Terms and Conditions shall not be considered as a waiver of such provision or right. The inability of either of the parties in any respect of any right provided herein shall not constitute a waiver of such rights. The Terms and Conditions may not be waived except pursuant to express writing executed by M. Barker.
If any provisions is found to be void, unenforceable, or invalid by a court of competent jurisdiction, then the particular provision shall be altered or modified to represent the parties’ intention, or severed to the minimum extent such that the remaining provisions shall remain enforceable in full force and valid.
Any obligations or rights hereunder (including the Terms and Conditions) are not transferable, assignable, or sublicensable by you except through our prior written consent, but may be transferred or assigned by us without any limitation or restriction. Any transfer or assignment by you shall contradict these Terms and Conditions and shall be invalid.
You consent that no joint venture, employment, partnership, agency, an unusual or fiduciary relationship exists between you and us due to these Terms and Conditions or your access to or use of the Service.
The titles of sections in the Terms and Conditions are strictly for convenience purposes only, and as such, they have no contractual or legal effect.