Service Terms
Last updated: 14 May 2024.
Terms of Reference
These Service Terms ("Terms") apply to the C-xO.com website, related websites, mobile applications, software, plug-ins and other C-xO.com operated services (collectively, the "Service(s)").
These Terms govern the relationship between C-xO.com, an Afri Super Cyber Tech Skills Trading and Consulting South African Brand ("we", "our" or "C-xO.com") and any user of the Service ("you", "your", "User"), including in some circumstances, the relationship between Users.
"Content" refers to content available on the Service, and "Communications" refers to User interactions and communications with the Service and with other Users.
A "Child" or "Children", for the purposes of these Terms, is/are person/s under the age of 13 (or the minimum legal age required to provide consent or enter into legally binding contracts in the Child's country of residence, noting 18 is the minimum legal age in South Africa).
Terms of Service
Effective Changes
These Terms are effective from the first time you (as a general or registered User on the site) access the Service and will remain effective until your account is deleted or use of the Service is terminated .
At our sole discretion we reserve the right to change or modify these Terms at any time. Such changes will be posted on this page. We may provide you with notice of such changes via the Service. These Terms supersede any prior representations, agreements, or understandings between you and us, whether written or oral, with respect to the Service including previous versions of the Terms. By continuing to use the Service after effected Terms revisions, you agree to be bound by the new Terms.
Usage
By using the Service (this includes, but not limited to; downloading, contributing, or using Service Content and/or Communications): 1) you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us; and 2) you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms; and 3) A Child may not access or use the Service unless directly authorized by their parent, guardian or another authorized adult who agrees to be bound by these Terms. If you don’t agree to these Terms, please don’t use the Service. You agree that your use of the Service will not, directly or indirectly:
i. seek to harm or exploit children, or contain Content that is sexually explicit or pornographic in nature, or sell or promote activities, products or services that are illegal in nature or fraudulent;
ii. harass or be offensive, abusive, defamatory, invasive of personal privacy or publicity rights, libelous or threatening;
iii. promote risk of mental or physical harm to yourself or any person or animals, or loss or damage to any property;
iv. promote discrimination based on race, religion, sex, age, disability, ancestry, nationality, or any other basis;
v. violate any applicable law or the rights of any individual or third party, including their intellectual property or data privacy rights, and
for additional features of the Service, you may be required to register with us for such access. It is your choice to register or not. If you choose to register for the Service, you agree to provide to and maintain true, accurate, and current information with us through the registration process and latter use of the Service. Your username must not be be offensive, vulgar, obscene, or infringe any third party rights. Registration data, Content and Communication through the Service is subject to our Privacy Policy. You are fully responsible for any activity on the Service and through the additional access and functionality gained by using your registered account. You may not allow any other party to access or use the Service with your registered account login details. You acknowledge and agree that you will not, directly or indirectly:
vi. use the Service to store or transmit malicious code, or unsolicited messages or engage in spamming, or in the collection, storage or usage of any personal information, including member names or profiles, about other Users;
vii. use the Service for performance benchmarking or for building or for marketing competitive services, or compile any Content to replicate a similar or competing service to the Service, or copy the look or feel or the Service;
viii. impersonate any other person or relationship or entity on the Service or bulk copy Content and/or Communications; or replicate, copy, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
ix. bypass any measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Content;
x. use programs or robots for automatic data collection and/or extraction on the Service, Content and/or Communications, including without limitation for machine learning purposes.
The Content, Communications, technology and software underlying or distributed in connection with the Service is owned by us and our licensors, affiliates and partners. We do not grant any rights in such software to you. You must not copy, or modify, or create a derivative work from, reverse engineer, or reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software, unless we grant our express permission in advance. You further agree and acknowledge that the compilation of the Content is copyrighted as a collective work and/or compilation in accordance with copyright laws, international conventions and other intellectual property laws.
In our reasonable discretion, if we determine that your use of the Service violate these Terms, we may remove prohibited Content or Communications, and suspend your access to the Service and/or delete your Service account, and/or disclose the prohibited Content or Communication or activity to the respective authorities. Should your access to the Service be terminated, your right to use the Service will immediately cease.
Indemnification
You agree to indemnify, release and hold harmless C-xO.com and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting from: 1) your violation of the Terms (whether directly or indirectly); and 2) claims brought by any third parties arising out of your use of the Service.
If a claim is brought by any third party, you must immediately provide us with all information that is necessary for an examination of the claim and defence by addressing to the Legal Officer with the detailed information on our Contact form page. Any further claims for damages by us against you remain unaffected.
Applicable Law, Claim and Dispute Resolution
If you find out from us or somewhere else that there is a claim relating to any Content and we might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let us know as soon as possible by addressing to the Legal Officer with the detailed information on our Contact form page.
We are neither obliged nor willing to participate in an arbitration procedure. We will endeavour to resolve any disagreements amicably. If there is disagreement; then please let us know as soon as possible by addressing to the Legal Officer with the detailed information on our Contact form page.
The law of the Republic of South Africa applies to the contractual relationship between the users and C-xO.com. As far as permissible, Johannesburg is agreed as the place of jurisdiction.
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Warranty and Liability
The Service Content and Communications are provided "As Is". We do our best to ensure that Service, uploaded Content, or Communications are not misused, or used contrary to the Terms, but we cannot be held responsible for misuse, abuse, acts or omissions of our Users.
We not represent, nor offer warranty regarding any Service, Content, or Communications meeting your requirements or that their use will be uninterrupted or error free. We do not warrant that any consents or licenses have been obtained in relation to any Content, and we expressly disclaim any and all responsibility and liability in relation to such matters.
C-xO.com shall not be liable to you or any other person or entity for any special, general, punitive, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Service, the Communications or any Content.
Severability
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Additional Information
What is our legal query procedure
If you believe that any Content or Communication made available on or via the Service contains a violation of the law, please report this Content or Communication to us.
For all legal related queries, please address to the Compliance Officer with the detailed information on our Contact form page.
Third-Party Terms and Conditions
This website is hosted and built with Afrihost using its Afrihost Site Builder technologies, and our communications are made possible using Afrihost and Open Serve fibre in agreement with their respective terms of service. This site utilises the Google Maps API, as well as reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We are grateful to these third-parties that make our business a reality. We have reiterated some of these associated terms within our Terms for the sake of completeness and to assist us with the respective compliance requirements.
Site Data Copyright and Licensing
All data, including images, on this site are copyright, and original ownership resides with us. The exception to this is on stock photographs which have been sourced under "Content License" from Pixabay, for which we are grateful for. Our business email is made possible by Google Workspace under their respective terms and licensing. We have reiterated some of these associated terms within our Terms for the sake of completeness and to assist us with the respective compliance requirements..