Terms of Use

1. Introduction

1.1 The website located at http://locom.co.za/ (“LOCOM website”), the LOCOM mobile application (“LOCOM APP”) and related services (collectively the “Services”) are made available to you (or the “user”) by SAMROCO (Pty) Ltd, a private company registered in accordance with the laws of South Africa with its registered address at 106 Vukani Complex, 488 Boundary Road, North Riding AH, Roodepoort, Gauteng, 2162 and company registration number 2017/142437/07 (“Service Provider” or “we” or “us”).

1.2 This document governs the terms of use of the Services (“Terms”). Whenever you access and/or use the Services you agree to be bound by the Terms. If you disagree with any of the Terms, you must refrain from accessing and/or using the Services.

1.3 If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorization, permission and consent to be bound by these Terms before accessing or using the Services.

1.4 The Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the LOCOM website. Each time you access and/or use the Services, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from accessing and/or using the Services.

1.5 The Service Provider will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.

1.6 If there is anything in these Terms that you do not understand then please contact us as soon as possible -see clause 18 below for contact details.

2. The Services

The LOCOM website provides information about the LOCOM APP. The LOCOM APP is made available to allow you to register an Account, send and receive business referrals, contact, save and review referrals, invite contacts to become users, create and maintain Business Accounts, earn ZAR credits for in app use only and contact the Service Provider.

3. Your Account

In order to use most of the Services you will be required to register and maintain an active user Services account (“Account”). Account registration requires you to provide certain information to the Service Provider such as your name, address, email address and mobile telephone number. You agree to keep accurate and up to date information in your account. Failure to do so may result in you no longer having access to the Services or the Service Provider’s termination of these Terms with you. You are responsible for all activity that occur on your Account. You agree to keep secure and private your Account username and password at all times. Unless otherwise agreed in writing with the Service Provider, you may only have 1 personal account. For any assistance in relation to your Account (including the registration, maintenance or deletion thereof) you may contact the Service Provider at support@locom.co.za

4. Business Accounts

You may create 1 or more business accounts (“Business Account”) in order to use most of the Services. You represent and warrant that you are duly authorised by such business to open the Business Account and to act on behalf of such business in relation to all matters relating to the Business Account. In the event that you no longer have such authority you agree to delete or amend the affected Business Account. The Service Provider charges a non-refundable monthly fee to create and maintain Business Accounts. You agree to pay all applicable fees and hereby authorize the Service Provider and it’s agents to charge such fee to any debit or credit card you have on file with the Service Provider for the Services. There shall be no fee payable by you to the Service Provider during the first month of creating and maintaining a business account, meaning the first month is free. Thereafter the applicable fee for the second month will be charged to your debit or credit card on the first monthly anniversary of the day that you created the relevant Business Account, and thereafter on every monthly anniversary of that day, or the day nearest thereto if the monthly anniversary day does not exist (like the 31st of the month). The Service Provider does not provide refunds or credits for partial use of Services during a month. You are responsible to pay any taxes which may be applicable. If you do not want to pay the monthly fee you should delete the Business Account or contact the Service Provider at support@locom.co.za Failure to pay all applicable fees on time may result in you no longer having access to the Services or the Service Provider’s termination of these terms with you. For any assistance in relation to your Business Account (including the creation, maintenance or deletion thereof) you may contact the Service Provider at support@locom.co.za

5. Electronic Messaging

By creating an Account or Business Account, you agree that the Service Provider may send you electronic messages (such as email and SMS) as part of the normal business operation of your use of the Services. You may opt out of receiving electronic messages from the Service Provider by emailing support@locom.co.za You acknowledge that opting out in this way may impact your use of the Services.

6. ZAR Credits

Users with an Account or Business Account have the ability to earn rewards in the form of credits loaded onto their Accounts or Business Accounts (“ZAR Credits”). ZAR Credits are earned when a user refers other users, who as a direct result of such referral registers a Business Account. Upon receipt by the Service Provider of the first monthly subscription fee in respect such Business Account, the Service Provider will load ZAR Credits onto the referring user’s Account or Business Account, which ZAR Credits shall be equal to 20% of the first monthly subscription fee so received. ZAR Credits may only be used to pay for services provided by the Service Provider on the LOCOM APP (such as advertising or spotlighting) or to pay for products and services provided by any user with a Business Account by transferring the ZAR Credits into the relevant Business Account, should the user of said Business Account be agreeable to payment in that way. There is no option for a user to withdraw any ZAR Credits from the user’s Account or Business Account.

7. Payments

You are required to provide valid credit or debit card details when registering for payment of fees relating to the Services. You represent and warrant that you are an authorised user of such credit or debit card, and you agree to pay all charges resulting from your use of a credit or debit card. You agree that the Service Provider may give your credit or debit card information to its service providers for the purpose of processing payments of any fees due to the Service Provider for the Services.

8. Content on LOCOM website & LOCOM APP

8.1 The Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Services and any information or content on the LOCOM website and/or LOCOM APP which form part of the Services.

8.2 The Service Provider reserves the right to change and amend the prices and rates quoted on the LOCOM website and/or LOCOM APP from time to time without notice.

8.3 The Service Provider may use the services of third parties to provide information on the LOCOM website and/or LOCOM APP. The Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that the Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.

8.4 The Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the LOCOM website and/or LOCOM APP, including without limitation:

8.4.1 The Service Provider does not warrant that the LOCOM website and/or LOCOM APP or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

8.4.2 whilst the Service Provider has taken reasonable measures to ensure the integrity of the LOCOM website and LOCOM APP and their contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the LOCOM website and/or LOCOM APP are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and

8.4.3 The Service Provider disclaims any responsibility for the verification of any claims. Information published on the website or application may be done so in the format in which the Service Provider receives it and statements from external parties are accepted as fact.

9. Linked third party websites and third party content

9.1 The Service Provider may provide links to third party websites and/or third party content on the LOCOM website and/or LOCOM APP. These links are provided to the user for convenience purposes only and the Service Provider does not endorse, nor does the inclusion of any link imply the Service Provider's endorsement of, such websites and/or content, their owners, licensees or administrators or such websites' content or security practices and operations.

9.2 While the Service Provider tries to provide links only to reputable websites or online partners, the Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Service Provider. The Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the LOCOM website or LOCOM APP.

9.3 You agree that the Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites and/or content on the LOCOM website or LOCOM APP. Any dealings that you may have with any linked websites and/or content, including advertisers, found on the LOCOM website and/or LOCOM APP, are solely between you and that third party.

9.4 In addition, Apple Inc., Google Inc., Microsoft Corporation or Blackberry Limited and/or their applicable international subsidiaries and affiliates will be third party beneficiaries of this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows or Blackberry-powered mobile devices. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to the terms of service of the relevant third party beneficiary.

10. User Provided Content

The Services may contain information, data or other content provided by users (“User Content”). User Content is the sole responsibility of the user that provided it, and the Service Provider shall not be held liable in any way for any User Content made available through the Services. You may report any User Content you suspect of being in breach of these terms and in particular in breach of 11.7 hereof to admin@locomsa.co.za. The Service Provider shall in its sole discretion decide on the appropriate remedy, which may include the removal of the User Content or any other remedy provided for in law or elsewhere in these Terms. User Content is further subject to the provisions in 13.3 below.

11. Usage restrictions

The user hereby agrees that it shall not itself, nor through a third party:

11.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Services for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

11.2 decompile, disassemble or reverse engineer any portion of the Services;

11.3 write and/or develop any derivative of the Services or any other software program based on the Services;

11.4 modify or enhance the LOCOM website and/or LOCOM APP. In the event of a user effecting any modifications or enhancements to the LOCOM website and/or LOCOM APP in breach of this clause, such modifications and enhancements shall be the property of the Service Provider;

11.5 without the Service Provider's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Services by persons other than the user;

11.6 remove any identification, trademark, copyright or other notices from the LOCOM website and/or LOCOM APP;

11.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the LOCOM website and/or LOCOM APP, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

11.8 notwithstanding anything contained to the contrary in these Terms, use the Services for any purpose other than personal, non-commercial and information purposes.

12. Security

12.1 In order to ensure the security and reliable operation of the Services to all the Service Provider's users, the Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

12.2 You may not utilise the Services in any manner which may compromise the security of the Service Provider's networks or tamper with the LOCOM website and/or LOCOM APP in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the LOCOM website and/or LOCOM APP, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the LOCOM website and/or LOCOM APP, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Service Provider suffer any damage or loss, civil damages shall be claimed by the Service Provider against the user.

12.3 Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") (specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Service Provider and its affiliates, agents and/or partners.

13. Intellectual property rights

13.1 For the purpose of this clause "Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Service Provider, now or in the future, including without limitation, the Service Provider's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

13.2 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the LOCOM website or LOCOM APP ("proprietary material"), are the property of, or are licensed to, the Service Provider and as such are protected from infringement by local and international legislation and treaties.

13.3 By submitting reviews, comments and/or any other content (other than your personal information) to the Service Provider for posting on the LOCOM website and/or LOCOM APP, you automatically grant the Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

13.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained on the LOCOM website and/or LOCOM APP is granted to you.

13.5 Except with the Service Provider's express written permission, no proprietary material from the LOCOM website and/or LOCOM APP may be copied or retransmitted.

14. Risk, limitation of liability and indemnity

14.1 The user's use of the Services is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

14.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the Service Provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The Service Provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should the Service Provider deem it necessary.

14.3 To the extent permissible by law:

14.3.1 Neither the Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the Services, or the information contained on the LOCOM website and/or LOCOM APP, or of any linked website and/or content, even if the Service Provider knows or should reasonably have known or is expressly advised thereof.

14.3.2 The liability of the Service Provider for faulty execution of the Services as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the LOCOM website and/or LOCOM APP shall be limited to the Service Provider rectifying the malfunction, within a reasonable time and free of charge, provided that the Service Provider is notified immediately of the damage or faulty execution. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the LOCOM website and/or LOCOM APP without the prior written approval of the Service Provider. However in no event shall the Service Provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the LOCOM website and/or LOCOM APP or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

14.3.3 You hereby unconditionally and irrevocably indemnify the Service Provider and agree to hold the Service Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Service Provider or instituted against the Service Provider as a direct or indirect result of:

14.3.3.1 your use of the Services;

14.3.3.2 software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the Service Provider;

14.3.3.3 your failure to comply with any of the terms or any other requirements which the Service Provider may impose from time to time;

14.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

14.3.3.5 any unavailability of, or interruption in, the Service which is beyond the control of the Service Provider.

14.4 The Service Provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the LOCOM website and/or LOCOM APP. You expressly waive and renounce all your rights of whatever nature that you may have against the Service Provider for any loss suffered by you, as a result of information supplied by the Service Provider being incorrect, incomplete or inaccurate.

15. Service Provider’s privacy policy

Your use of the Services is subject to the Service Provider’s Privacy Policy which is incorporated herein by reference. When you accept these Terms you agree to be bound by the Service Provider’s Privacy Policy.

16. Confidentiality

16.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the Services offered by the Service Provider. You shall notify the Service Provider should you discover any loss or unauthorised disclosure of the information.

16.2 Any information or material sent to the Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and the Service Provider.

17. Breach or cancellation by the Service Provider

17.1 The Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Service Provider's right to claim damages, should any user:

17.1.1 breach any of these Terms;

17.1.2 in the sole discretion of the Service Provider, use any part of the Services in an unauthorised manner; or

17.1.3 infringe any statute, regulation, ordinance or law.

17.2 Breach of these Terms entitles the Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to the Service Provider on an attorney and own client scale.

18. Compliance with section 43(1) of Electronic Communications and Transactions Act, 25 of 2002 (“ECT Act”)

In compliance with section 43(1) of the ECT Act, the following is noted:

18.1 Full name: SAMROCO (Pty) Ltd

18.2 Registration number: 2017/142437/07

18.3 Physical address: 33 Lyster Crescent, Randpark Ridge, Roodepoort, Gauteng, 2162

18.4 Website address: http://locom.co.za/

18.5 E-mail address: admin@locomsa.co.za

18.6 Names of office bearers: S Daniels

18.7 Registered at: 106 Vukani Complex, 488 Boundary Road, North Riding AH, Roodepoort, Gauteng, 2162

19. Compliance with laws

You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to the Services.

20. Notices

Except as explicitly stated otherwise, any notices shall be given by email to admin@locomsa.co.za (in the case of the Service Provider) or to the e-mail address you have provided to SAMROCO (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Service Provided may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to the Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

21. General clauses

21.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

21.2 The Services are controlled, operated and administered by the Service Provider from its offices within the Republic of South Africa. The Service Provider makes no representation that the content of the LOCOM website and/or LOCOM APP is appropriate or available for use outside of South Africa. Access to the LOCOM website and/or LOCOM APP from territories or countries where the content of the LOCOM website and/or LOCOM APP is illegal is prohibited. Users may not use the LOCOM website and/or LOCOM APP in violation of South African laws and regulations. If the user accesses the LOCOM website and/or LOCOM APP from locations outside of South Africa, that user is responsible for compliance with all local laws.

21.3 The Service Provider does not guarantee continuous, uninterrupted or secure access to our Services, as operation of the Services may be interfered with as a result of a number of factors which are outside of our control.

21.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

21.5 The Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

21.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Service Provider.

21.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

21.8 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

21.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

21.10 These Terms set forth the entire understanding and agreement between the Service Provider and you with respect to the subject matter hereof.

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