Thank you for using RecyTrader Portal!
These terms of service (the "Terms") govern your access to and use of RecyTrader Portal ("we" or "our") websites, software and services (the "Services"), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with RecyTrader Portal and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Staff & Your Privacy
By using our Services you provide us with information such as your name, contact number, email address and partial credit card information (together, "your stuff"). You retain full ownership to your stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
For accounting purposes we are obliged by law, to keep track of who called you and who you called, so called "customer detail records" ("CDR"), but not the contents of the conversation, see our Privacy Policy. By using our Service you agree that the CDR(s) is our shared stuff with the understanding that we will not intentionally share CDR(s) information with anyone unless we're directed by you or by a court order to do so.
By using our Service you give us your permission to do things with your stuff, for example, sending you product updates, system notifications and nagging you to subscribe. This includes product features visible to you, for example, text messages. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example our internet service provider (again, only to provide the Services).
To be clear, aside from the rare exceptions as published in our Privacy Policy, no matter how the Services change, we won't intentionally share your information with others, for any purpose unless you direct us to.
You are solely responsible for your conduct and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that RecyTrader Portal has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality, or any other information you may be able to access using the Services.
Your Responsibilities
We plead with your to use our Services in a responsible manner and according with Acceptable Use Policy; You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Acceptable Use Policy.
You, and not RecyTrader Portal, are responsible for maintaining and protecting all of your stuff. RecyTrader Portal will not be liable for any loss or theft of your stuff or for any costs or expenses associated with the use of your stuff.
If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
Account Security
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify RecyTrader Portal of any unauthorized use of your account.
Software and Updates
Some of our Service requires you to download a software application freely distributed under the GNU General Public License, to your mobile device such as tablet or telephone ("Software"). We hereby reserve all rights not expressly granted under the provisions of the GNU General Public License, in these Terms. Our Services may update the Software on your device automatically when a new version is available.
RecyTrader Portal Property and Feedback
These terms do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. Some of the technologies we use to provide the Services are protected by trademark, and other laws of both South Africa and foreign countries. These Terms do not grant you any rights to use the RecyTrader Portal trademarks, logos, domain names, or other brand features.
Copyright, Patents & Trademarks
We will respond to notices of alleged copyright, patent or trademark infringement if they comply with South African law and are properly provided to us.
Our designated agent for notice of alleged infringement on the Services is:
RecyTrader Portal
Intellection Property Infringements
13 Chris Hani Street, East London, South Africa, 5209
Other Content
The Services may contain links to third-party websites or resources. RecyTrader Portal does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Termination
Though we'd much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against RecyTrader Portal, you agree to try to resolve the dispute informally by contacting dispute-notice@greydot.me. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or RecyTrader Portal may bring a formal proceeding.
We Both Agree To Arbitrate. You and RecyTrader Portal agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms.
Arbitration Procedures. The Association of Arbitrators (Southern Africa) will administer the arbitration. The arbitration will be held in South Africa, or any other location we agree to.
Arbitration Fees and Incentives. The Association of Arbitrators (Southern Africa) rules will govern payment of all arbitration fees. RecyTrader Portal will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or RecyTrader Portal may assert claims. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and RecyTrader Portal agree that any judicial proceeding will be brought in the courts of the Republic of South Africa. Both you and RecyTrader Portal consent to venue and personal jurisdiction there.
Controlling Law
These Terms will be governed by the laws of the Republic of South Africa.
Entire Agreement
These Terms constitute the entire agreement between you and RecyTrader Portal with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
RecyTrader Portal's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. RecyTrader Portal may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
RecyTrader Portal is Available "AS-IS"
Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (We are not shouting- it's just that these disclaimers are really important, so we want to highlight them). RecyTrader Portal will have no responsibility for any harm to your computer or system or mobile device, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RecyTrader Portal, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT RecyTrader Portal HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF R20 (TWENTY SOUTH AFRICAN RAND) OR THE AMOUNTS PAID BY YOU TO RecyTrader Portal FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY SOUTH AFRICAN LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE REPUBLIC OF SOUTH AFRICA AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and RecyTrader Portal with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. RecyTrader Portal's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but RecyTrader Portal may assign its
rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. RecyTrader Portal and you are not legal partners or agents; instead, our relationship is that of independent contractors.
ACCEPTABLE USE POLICY
RecyTrader Portal is used by many people, and we are proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the RecyTrader Portal services. For example, you must not, and must not attempt to, use the services to do the following things.
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to,
RecyTrader Portal (or our service providers') computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming,
or mail-bombing any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- publish anything that is fraudulent, misleading, or infringes another's rights;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- abuse RecyTrader Portal referrals to get more credit for referrals than deserved;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious,
racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others.