Effective Date: 01 June 2023
Please read these Terms and Conditions (“Terms”) carefully before using the website www.swellendam.com (“the Website”). These Terms govern your use of the Website and the services offered through the Website. By accessing or using the Website, you signify your acceptance of these Terms and agree to be legally bound by them. If you do not agree with these Terms, you should not use the Website.
1.1. The Website, www.swellendam.com, is owned and operated by Swellengram (Pty) Ltd (“we,” “us,” or “our”). Our contact email is info@swellengram.co.za, and our address is Shop 10 Carlton Mall, 23 Voortrek Street, Swellendam.
1.2. By accessing or using the Website, you represent and warrant that you are at least 18 years of age or have the legal capacity to enter into these Terms. If you are accessing or using the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
1.3. We reserve the right to modify or terminate the Website, its services, or these Terms at any time, without prior notice. Any changes to the Terms will be effective immediately upon posting. Continued use of the Website after any such changes shall constitute your consent to such changes.
2.1. In order to access certain features and services on the Website, you may need to create a user account. You may create an account using Google sign-in or any other method provided by us.
2.2. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2.3. By creating a user account, you may add business listings to the Website. You warrant that all information provided in the listings is accurate, complete, and up to date. You acknowledge that we reserve the right to review, modify, or remove any listing at our discretion.
3.1. Users may post reviews and other content on the Website. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide, in any media or format.
3.2. You are solely responsible for the content you submit and the consequences of posting or publishing it on the Website. You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit such content.
3.3. We reserve the right to review, modify, or remove any content posted by users at our discretion. We do not endorse or guarantee the accuracy, reliability, or validity of any user-generated content.
4.1. The Website and its entire contents, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of Swellengram (Pty) Ltd or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.
4.2. You may not copy, reproduce, modify, distribute, display, perform, or transmit any part of the Website without our prior written consent.
5.1. To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your use of the Website, including but not limited to any loss of business, revenue, profits, or data.
5.2. We do not warrant that the Website will be error-free or uninterrupted, or that any defects will be corrected promptly. We do not guarantee the security, authenticity, or confidentiality of any information transmitted over the internet.
You agree to indemnify, defend, and hold harmless Swellengram (Pty) Ltd, its affiliates, directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to your use or misuse of the Website, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in the Republic of South Africa.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
These Terms constitute the entire agreement between you and Swellengram (Pty) Ltd regarding the use of the Website and supersede any prior or contemporaneous understandings and agreements, whether written or oral.
By using the Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and any additional terms and conditions that may apply to specific features or services on the Website.
Developed by Evolution Media House