Following are the terms and conditions that you must consider carefully when choosing whether to use the CoolWebAwards.com website at any time.
Last modified date: January 12 2012
This document describes the terms on which CoolWebAwards.com provides its services to you.
This website is offered to the User on condition of the User's acceptance, without modification of the terms, conditions, and notices contained herein. The use of the Company website constitutes the User's agreement to all such terms, conditions, and notices.
Wording and Meaning
This user agreement constitutes a binding contract between you and Coolwebawards.com if you are a user of www.coolwebawards.com trading as Strydom Web Marketing cc, ("coolwebawards.com", "we" or "us") which operates the www.coolwebawards.com websites ("Site") and any sub-domains. The Site is offered to you on condition of your acceptance of the User Agreement. Please read the terms and conditions set out below before using the Site. Your continued use of the Site after your acceptance of the User Agreement will be seen as binding. This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and Coolwebawards.com as to its subject matter.
Please note that we may close, suspend, or limit your access to your coolwebawards.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in direct breach of the User Agreement and its associated policies incorporated by reference.
Changes to the user agreement
Coolwebawards.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.
1. USER ELIGIBILITY
Coolwebawards.com offers its Services to its Users based on the following conditions:
2. USERS
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
Coolwebawards.com provides a platform to introduce Users who wish to provide professional services ("Experts") and Users who seek such professional services ("Posters")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN USERS AND COOLWEBAWARDS.COM
3.1 Account Closure
Coolwebawards.com reserves the right to terminate the participation of any User without notice but expressly including any User that Coolwebawards.com judges to be in breach of the User Agreement. Without limiting the foregoing, Coolwebawards.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar Coolwebawards.com reasons.
3.2 Relationship between Users
The only parties to a project are the Expert, Poster and Administrator. The administrator of Coolwebwards.com may also view any part of the coolwebawards.com freelance service. Upon the Poster awarding a project to an Expert and the Expert's acceptance the said project on the Site, the Poster agrees to purchase, and the Expert agrees to produce and deliver the project in accordance with the following agreements:
(1) the User Agreement; and
(2) the User Services Agreement between the Poster and Expert available on the Site, as amended from time to time;
(3) any other contractual provisions accepted by both the Expert and Poster uploaded to the Site, to the extent not inconsistent with the User Agreement; and
(4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is null and void.
3.3 User Responsibility
The responsibilities of the Expert and Poster are set out in the Services Agreement between Expert and Poster.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations towards other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Poster or Expert, or in any other use you make of the Site.
If another user breaches any obligation towards you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Coolwebawards.com has no responsibility to enforce any User’s rights.
3.4 No Indemnity or Guarantee
Coolwebawards.com does not offer any form of indemnity or other Poster or Expert protection which will assist you. The Site merely provides the online platform for Users to offer, sell, and buy professional services and we are not otherwise involved in the work, specifications, transactions and interactions between Posters and Experts. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.
The use of this web site is entirely voluntary and the user hereby respectively indemnifies and hold harmless the Coolwebawards.com, their successors and assigns, their respective officers, directors, employees, servants and agents from and against any and all claims, losses, liabilities, suits, judgements, expenses, damages including consequential damages, penalties, fines or indemnity payments of whatsoever kind and nature arising from or in any way connected with the use of this site and/or information contained therein.
Furthermore, Coolwebawards.com does not take responsibility for the content, products and or services advertised by the seller on Coolwebawards.com
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by Coolwebawards.com
Detailed description of goods and/or services and definitions.
Coolwebawards.com, trading as Strydom Web Marketing cc is a business in online and off line publishing industry, focusing on public advertisements of goods and or services rendered for the public engaging commerce between Poster (buyer) and Expert (seller(s) will be defined in this content as persons or website users using the website of Coolwebawards.com for advertising purposes of services and or goods. Poster(s) (buyer(s)) will be defined as persons or website users using the website of Coolwebawards.com for purposes of purchasing products or accepting the rendering of services as advertised on the Coolwebawards.com website. Expert(s) (seller(s)) will be defined as persons or website users using the website of Coolwebawards.com for purposes of offering products or accepting the rendering of services as advertised on the Coolwebawards.com website.
Coolwebawards.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site. The Site enables Experts to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Coolwebawards.com and it’s related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
4. Terms of use
This website is offered to the User on condition of the User's acceptance, without modification of the terms, conditions, and notices contained herein. The use of the Company website constitutes the User's agreement to all such terms, conditions, and notices.
Our Site merely acts as an online platform to allow Users to offer and buy professional services. You acknowledge and agree that Coolwebawards.com is not involved in the actual soliciting and acceptance of services or products between the Experts and Posters but merely facilitates the transaction and payments. As a result, Coolwebawards.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Experts to provide or complete the services or the Posters to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site. A separate contract will come into existence between the Expert and the Poster incurring any legal implications between such parties excluding Coolwebawards.com wholly from any form of loss, negligence or damage claims that may be incurred due to delivery and receiving of products or services rendered by any of the parties mentioned.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, personal matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that Coolwebawards.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Coolwebawards.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
Coolwebawards.com provides unmonitored access to third-party content. Coolwebawards.com is only acting as a platform and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The third party content in no way reflects the opinion or stance of Coolwebawards.com This web site may contain links to third-party web sites. Coolwebawards.com does not control nor always review the web sites to which we link from the Site. Coolwebawards.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site.
Coolwebawards.com provides these links only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association between the Company and the operator of such site. Any dealings between the User and any Linked Site in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such Linked Site or the operator of such site. The Company will not be responsible or liable for any part of any such dealings.
Coolwebawards.com does not have the resources to, nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Coolwebawards.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using Coolwebawards.com for User's Account.
4.1 Promotion and Advertising
You agree and acknowledge that unless explicitly requested and agreed upon, Coolwebawards.com may display your company name, logo and public description of your projects and profile as part of the Coolwebawards.com website(s) and / or other Coolwebawards.com marketing material.
5. FEES
All fees are set forth in the summary of Coolwebawards.com's Fee & Termination Policy which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
Coolwebawards.com charges fees in relation to posting a featured project; Payment transfer costs; posting a full time project; project commission fees; and other miscellaneous fees that are described in the Fee & Termination Policy
5. PAYMENT
All costs for Projects to be done by Experts must be paid for in full before any work will start on the project. All funds will be held by Coolwebawards.com. We will hold such funds in Escrow until the Poster and the Expert agree that the funds should be released to the Expert or until the Poster and the Expert have concluded the process of the Dispute Resolution Services (as defined below) or the Project Termination Service. Once a Poster instructs Coolwebawards.com to pay an Expert that performed a service for him/her, the Poster acknowledges that the Expert has completed the service fully and satisfactory. If the Expert exceeds the deadline for the completion of the Project by more than 60 days, the Poster may declare a dispute (see 11.1). If the Poster terminates the Project before completion, the funds will be returned pro rata based on the amount of work completed. Refer to the Fee & Termination Policy
6. ACCOUNTS
6.1 Opening Account
To become a User and access the Site and Services you must open an "Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
6.2 Accounts
You agree that you will not receive interest or other earnings on the funds that Coolwebawards.com holds in trust. Coolwebawards.com may receive interest on those funds. Coolwebawards.com will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in United States Currency (US $). Coolwebawards.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Coolwebawards.com account or face account termination and any other remedies available to Coolwebawards.com to recover the funds.
Any User that Coolwebawards.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
Coolwebawards.com requires you to make all payments to Coolwebawards.com and to make payments to and accept payments from other Users in the purchase and sale of Services for Coolwebawards.com projects directly through the mechanisms available on the Site. You understand and agree that Coolwebawards.com will not hold funds delivered to Coolwebawards.com from Users for the purchase and sale of Services in separate accounts, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Coolwebawards.com in any account, at any institution, or in any other manner Coolwebawards.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Coolwebawards.com for general corporate purposes or otherwise, provided that Coolwebawards.com will remain contractually obligated to make payment to you, as an Expert or Poster, for any purchases and sales of Services provided by you through Coolwebawards.com. To the extent Coolwebawards.com is obligated to make payment to you, you will be an unsecured creditor of Coolwebawards.com.
6.3 Acknowledgement
You acknowledge that: (1) Coolwebawards.com is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including in a User Account are not segregated into a separate account but represent unsecured obligations of Coolwebawards.com to the User with respect to the purchase and sale of Services through Coolwebawards.com; (3) Coolwebawards.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. By initiating and sending payments through Coolwebawards.com, you appoint Coolwebawards.com as your agent to obtain the funds and hold and to transfer such funds to the Expert or Poster for Services, subject to these terms and conditions.
6.4 Payment Reversals & Disputes
You acknowledge and agree that any payment reversals, terminations or disputes (a dispute occurs when a poster rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid by Posters through the Site. Coolwebawards.com will not be liable for loss of income or revenue due to any reversals or disputes. You agree that Coolwebawards.com may reverse any such payments that are subject to payment reversal via our Payment Processors. To cover the cost of processing chargebacks, Coolwebawards.com charges a US$20.00 fee to Users for credit and debit card payment reversals.
Please note that Coolwebawards.com will suspend the user accounts of all Posters that reverse charges on their credit cards after work has begun on any project.
6.5 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, Coolwebawards.com reserves the right to collect any amounts owing to Coolwebawards.com by any other legal means.
6.6 Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction & National Revenue Services of your country. These taxes will not be added to fees billed to you.
7. COMMISSIONS & FEE AVOIDANCE
7.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of Coolwebawards.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without an Expert being chosen, and then contacting the Expert about the project directly. Both parties are responsible for notifying Coolwebawards.com if the payment amount increases (above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at Coolwebawards.com, and such activities interfere with providing such a marketplace. Coolwebawards.com charges project commissions and money transfer costs on all funds through the site, regardless of the final bid amount.
We will tolerate absolutely no fee avoidance or underbidding on the Site.
7.2 Email
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Coolwebawards.com at any other time. It is automatically provided if you choose a Expert (or you are the Expert chosen for) a project, and before that time you can use the “CWA instant chat” to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo and any other form of multi-media or social networking forums and tools.
7.3 Providing contact information
You are prohibited from making direct contact with another User, unless it's for a project you (a Expert) have been picked for, or you (a Poster) have picked an Expert for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. Coolwebawards.com provides you with the “CWA instant chat message boards”, which should be sufficient for pre-project planning. All the contact information (IM, Email etc) of the poster and expert are made available after the full payment for the project has been paid into the Escrow account
8. USER CONTENT
8.1 Content
The User is solely responsible for content or any other information the User provides to Coolwebawards.com. User understands and agrees to the following:
8.2 Grant of License
Subject to clause 9.3 below, by submitting User content to Coolwebawards.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Coolwebawards.com). You hereby grant to Coolwebawards.com a worldwide, exclusive, sub-licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Coolwebawards.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
8.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of your feedback, reputation and reviews you leave (whether a "Poster" or "Expert"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by Coolwebawards.com ("Feedback"”Review”). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Coolwebawards.com's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Coolwebawards review & feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Coolwebawards.com
Coolwebawards.com's review ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Coolwebawards feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by Coolwebawards.com or its related companies without our written permission.
9. USER RESTRICTIONS
9.1 Advertising
Users are prohibited from advertising a website on the Site (other than the Coolwebawards.com forum located at http://www.forum.coolwebawards.com). Any URL posted in a bid, project description, or the message board, must relate to a project on Coolwebawards.com. An example of a permissible URL would be a User's portfolio or resume page. Any other URL posted on the Site may result in the closure of the user’s account.
9.2 Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Posters. Posters cannot create projects that directly or indirectly require Experts to place hourly or other abnormal bids.
9.3 Poster
The Poster agrees that:
9.4 Expert
The Expert agrees that:
9.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
9.6 General restrictions
Users agree that:
10. Consequences of Account Closure
In the event of termination, Users found in violation of the User Agreement will not receive any refund, credit or payment from Coolwebawards.com.
Without limiting Coolwebawards.com's other remedies, to the extent you are in violation of this User Agreement, you must pay Coolwebawards.com for all fees owed to us and reimburse us for all losses and costs (including any and all Coolwebawards.com employee time) and reasonable expenses (including legal fees on Attorney and own client scale) related to investigating such breach and collecting such fees.
You and Coolwebawards.com agree that the damages that Coolwebawards.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Coolwebawards.com may fine you up to US$3,000.00 for each such violation and/or Coolwebawards.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of Coolwebawards.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Coolwebawards.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that Coolwebawards.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Coolwebawards.com Account owned by you.
Users that are terminated by Coolwebawards.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from Coolwebawards.com.
In the event of account closure, you will have no claim whatsoever against Coolwebawards.com in respect of any such suspension or account closure of your membership.
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute Resolution Services
Coolwebawards.com offers the Dispute Resolution Services to registered users to adjudicate disputes that may arise during the time the project is. You agree and acknowledge that: (i) Coolwebawards.com is not providing legal services; (ii) Coolwebawards.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Coolwebawards.com for any such counsel.
In the event of a dispute between a Poster and an Expert regarding a return or release of Payments, either Poster or Expert may elect to use the Dispute Resolution Services offered by Coolwebawards.com. The Poster and Expert will then be notified that the matter has been referred to the Dispute Resolution Services. If the other party agrees to the use of the service, any and all outcomes by the Dispute Resolution Services will be final and binding.
You agree to indemnify and hold Coolwebawards.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Payments and/or Dispute Resolution Services.
11.2 Coolwebawards.com is Not a Party to Disputes
Any disputes regarding arrangements between Experts and Posters remain solely between Experts and Posters, except when both the Expert and Poster agree on the use of the Dispute Resolution Services.
You acknowledge and agree that Coolwebawards.com will not be a party to any such dispute, but will act only as neutral adjudicators in the matter
If you have a dispute with any other users of the Site, you hereby release Coolwebawards.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by Coolwebawards.com in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Coolwebawards.com and any associated entity within the Coolwebawards.com organisation. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the South African Consumer Protection Act 68 of 2008. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
Coolwebawards.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
13. TRADEMARKS
Coolwebawards.com is a trademark of Strydom Web Marketing cc.
14. COPYRIGHT
14.1 Copyright of Coolwebawards.com
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Coolwebawards.com and are protected by South African and international copyright laws. Some images are not designed by Coolwebawards.com, but were freely distributed to be used, or were otherwise purchased and the copyright remains with the respective authors and owners.
14.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out at http://www.coolwebawards.com/dmca, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
15. NO WARRANTY
Coolwebawards.com is not involved in the actual transaction between Experts and Posters. Our Services, the Site and all content on it is provided on an “as is” basis and without warranties of any kind either express or implied. Without limiting the foregoing, Coolwebawards.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in South Africa. If you are considered a consumer under an South African consumer protection law that applies to Coolwebawards.com, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.info.gov.za/view/DownloadFileAction?id=99961.
To the extent that Coolwebawards.com are able to limit the remedies available under this User Agreement, Coolwebawards.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Coolwebawards.com's sole discretion)
:
(1) in the case of goods, any one or more of the following:
(2) in the case of services:
• However, if you are considered a consumer under an South African consumer protection law that applies to Coolwebawards.com, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.info.gov.za/view/DownloadFileAction?id=99961
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall Coolwebawards.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on Coolwebawards.com’s liability to you above shall apply whether or not Coolwebawards.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Coolwebawards.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
16.2 JURISDICTION & LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
This website is governed by the laws of South Africa. Coolwebawards.com chooses it as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature pertaining to commerce including conditions in the "Electronic Communications and Transactions Act, 2002" and subsequent amendments to such Act.
16.3 BAR TO ACTION
Coolwebawards.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Coolwebawards.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
17. INDEMNITY
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
18. CURRENCY, CONVERSION & FLUCTUATION
Currency conversions will be completed at a rate displayed on the Site / PayPal, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign currencies (including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.
19. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of South Africa. You and Coolwebawards.com irrevocably submit to the non-exclusive jurisdiction of the courts of South Africa.
20. GENERAL
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Coolwebawards.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Coolwebawards.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
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