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The Terms of Use governing the use of the HOMEMAKERS website apply to and are deemed to be incorporated in these Terms of Trade.
2.1 Before you may make an offer to place an advertisement using the HOMEMAKERS website it is necessary that you register as an advertiser. Registration as an advertiser is restricted to persons who may legally enter into binding and enforceable agreements.
2.2 No natural person under the age of 18 (eighteen) years, nor any person, whether a natural or juristic person, who, or which, is not lawfully permitted to enter into a binding and enforceable agreement may register as an advertiser.
2.3 Any person who is not lawfully permitted to register as an advertiser but who does so, shall be guilty of committing a fraud and HOMEMAKERS shall take whatever legal action it deems necessary to obtain the appropriate relief.
2.4 Any person acting as a representative of a juristic person when registering the juristic person as an advertiser warrants that he or she is properly authorized to do so.
2.5 Registration as an advertiser is free and does not oblige you to place any advertisement or release information other than the information required to register on the HOMEMAKERS website.
2.6 The advertiser, or its representative, warrants that complete and accurate information required to register the advertiser has been provided to HOMEMAKERS.
2.7 Upon acceptance of your registration an eMail confirmation of your registration as an advertiser will be transmitted to you. If you do not receive the eMail confirmation you should contact HOMEMAKERS at (086 111 HOME (4663) or ).
3.1 On registration you, the advertiser, or your authorized representative/s, will be allocated a user identity and be requested to select a password. Without a valid user identity and password the advertiser will not be able to place advertisements using the HOMEMAKERS website.
3.2The advertiser is solely responsible for ensuring the confidentiality of passwords selected by it and, where applicable, for ensuring that authorized representatives of the advertiser are aware of their obligations to maintain the confidentiality of the passwords at all times.
3.3 Passwords selected by the advertiser or its authorized representative authenticate the advertiser or its authorized representative's identity. You agree that any communication or transaction that may be made using the passwords selected by the advertiser authorized representatives, shall be attributed to and binding on the advertiser and the advertiser shall be liable for any payments arising from the transaction or communication.
3.4 If you, the advertiser, or any of your representatives, suspect that the confidentiality of a password selected by you or by your representative, has been compromised you shall immediately advise HOMEMAKERS of this fact by eMail. HOMEMAKERS shall, on receipt of the eMail, suspend access to the trading component of the HOMEMAKERS website using the compromised password, pending your further instructions.
3.5The advertiser shall remain responsible for all transactions effected prior to the suspension of the use of the password and liable for any payments that may flow from these transactions.
If you, the advertiser, or any of your representatives are in breach of, or HOMEMAKERS believes that you may breach, any of the provisions of the Terms of Use or these Terms of Trade, HOMEMAKERS may, in its absolute discretion either suspend or terminate your registration as an advertiser.
5.1 The products or services which appear on the HOMEMAKERS website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services provided by HOMEMAKERS. Only when HOMEMAKERS has accepted your offer, will an enforceable agreement be transacted.
5.2 The price of any products or services sold through HOMEMAKERS shall be confirmed on the acceptance of your order by HOMEMAKERS.
5.3 Despite HOMEMAKERS's best efforts, products or services offered on the website may be mis-priced. If HOMEMAKERS discovers a mis-pricing, it will do one of the following:
5.3.1 If the correct price is lower than the stated price, we will charge the lower amount; or
5.3.2 If the correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
5.4 If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the HOMEMAKERS website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with HOMEMAKERS. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.
5.5 Agreement as to the terms of use of the HOMEMAKERS website shall be deemed to have been accepted by you at the time that you first accessed the HOMEMAKERS website and thereafter confirmed each time that you access the HOMEMAKERS website.
5.6 Agreement to the terms of trade shall be deemed to have taken place in Johannesburg and to have been accepted on each occasion that an offer is made by the advertiser to purchase goods and/or services from HOMEMAKERS.
5.7 All communications with HOMEMAKERS facilitated by the HOMEMAKERS website, or email communicated between you and HOMEMAKERS, shall be deemed to have been received, in the case of communications initiated by HOMEMAKERS, when the communication leaves the HOMEMAKERS website or email server, and in the case of communications initiated by the advertiser, when it is received on the HOMEMAKERS website or email server.
5.8 Acceptance by HOMEMAKERS of an order placed by the advertiser shall be deemed to have been accepted by HOMEMAKERS on written confirmation of the orders acceptance being communicated to the advertiser in writing.
5.9 The consideration due by the advertiser shall be stipulated in the offer to advertise. The price offered shall, on acceptance by HOMEMAKERS, become due and owing on the date stipulated.
5.10 Payment shall be made by the advertiser to HOMEMAKERS in the manner described and into the account stipulated by HOMEMAKERS on the tax invoice rendered to the advertiser arising from a transaction concluded between HOMEMAKERS and the advertiser.
5.11 The person accepting the terms of this agreement hereby binds him/herself in his/her personal capacity with the advertiser to honour and fulfil all obligations of the advertiser under and in terms of these terms of trade and should HOMEMAKERS proceed against a person in terms of this provision all the terms stipulated in the terms of trade shall apply to such person.
6.1A certificate under the signature of any director or manager appointed from time to time by HOMEMAKERS shall be prima facie proof of the following:
6.1.1The amount owed by the exhibiter to HOMEMAKERS at the time that the certificate is provided;
6.1.2The rate of interest payable on the outstanding balance owed by the advertiser to HOMEMAKERS from time to time;
6.1.3The dates on which the principal debt became due, payments have been received by HOMEMAKERS from the exhibiter and the interest on the outstanding balance.
6.2Such certificate shall be valid for the purposes of proving to the arbitrator or any appropriate court what sum is due by the advertiser to HOMEMAKERS.
6.3Advertisements are only accepted for publication subject to the following conditions:
6.3.1Although every effort will be made to meet the wishes of the exhibiter, the acceptance of any advertisement does not guarantee insertion on any specified date or dates or page or pages at all.
6.3.2HOMEMAKERS reserves the right to edit, revise or reject, even after acceptance of any advertisement for publication, any advertisement deemed to be untruthful, objectionable in subject matter or wording, or which may be regarded as unsuitable for any other reason, notwithstanding the fact that space for the said advertisement has been booked in advance or not.
6.3.3HOMEMAKERS reserves the right to suspend issue on any day and to increase or decrease the usual number of editions without notice to the exhibiter.
6.3.4No liability is accepted by HOMEMAKERS for failure to publish any advertisement, or for publication on dates other than these stipulated by the exhibiter, or for any typographical, colour or any other errors of any kind.
6.3.5It is acknowledged by the exhibiter that HOMEMAKERS will not in any way be liable for any loss or consequential damage as a result of the abovementioned possibilities materializing.
6.4Orders for publication of material provided by the exhibiter are accepted for a period not exceeding twelve months from date of the first insertion. Should a contract amount not be agreed on within the said period of twelve months, HOMEMAKERS reserves the right to make an adjustment of rate according to the volume of advertising published.
6.5An exhibiter will be protected in terms of his contract rates for a period of 30 days after the implementation date of any new tariffs or until the expiry date of his contract, whichever date is the earlier, whereafter the balance of the exhibiter‘s order will be subject to the new rate of tariffs.
6.6HOMEMAKERS accepts no responsibility for the loss of or damage to any material supplied by the exhibiter. The sole risk of damage or loss of any publishing material will rest with the exhibiter whilst such materials are being processed or are in possession of HOMEMAKERS. All materials must be claimed within 30 days after being handed to HOMEMAKERS whereafter no responsibility can be accepted by HOMEMAKERS.
6.7The copyright of all original material created by HOMEMAKERS is vested in and remains the property of HOMEMAKERS.
6.8The exhibiter expressly agrees and warrants the fact that the person signing on its behalf is authorized to enter into this contract. Despite the aforegoing, the person signing as exhibiter hereby binds himself in his personal capacity in solidum with his ostensible principal to honour and fulfil all obligations of the exhibiter under this contract and should HOMEMAKERS proceed against the person that signed the agreement, all the terms and conditions hereof shall apply mutatis mutandis.
6.9Once HOMEMAKERS has accepted an order in writing, no cancellation of the order will be valid.
7.1Should any dispute arise between the parties in terms of this agreement such dispute shall be dealt with informally before an advocate of the Johannesburg Bar, agreed on by the parties, and failing such agreement, by and advocate nominated by the Chairman of the Bar Council. A decision of the said advocate in the proceedings shall be final and binding on the parties. All such proceedings shall be held in Johannesburg and the language of the arbitration shall be English.
7.2If the dispute relates to technical issues arising from the use of the HOMEMAKERS website the advocate nominated to hear the dispute shall, if necessary, be entitled to hear evidence of a computer expert either agreed between the parties or, failing such agreement, nominated by the Chairperson for the time being of the Computer Society of South Africa, whose evidence shall be regarded as expert evidence for the purposes of deciding the dispute.
7.3The advocate shall be entitled to order an award of costs relating to the arbitration, which award shall be final and binding on the parties.
7.4Nothing in this disputes resolution clause shall prevent either party from approaching a court for relief of an urgent nature in circumstances in which such relief cannot be given, or cannot be urgently given, by the arbitrator.
Should any party breach any provision or term of this agreement and fail to remedy such breach within 7 (seven) days or such shorter period as this agreement may expressly stipulate, of receipt of written notice requiring such party to do so, the aggrieved party shall be entitled, without prejudice to any other remedy which may be available to it in terms of this agreement or at law, to claim specific performance of any obligation, or to cancel this agreement, in either case without prejudice to its rights to claim damages.
9.1Either party may if the other party;
9.1.1is the subject of any legal proceedings concerning its solvency; or
9.1.2ceases trading; or
9.1.3commits an act of insolvency; or
9.1.4makes an arrangement or compromises with its creditors; or
9.1.5an order is granted by a competent court - placing the party under judicial management or provisional or final liquidation of the party; or
9.1.6it has become unable to pay its debts within the meaning of the insolvency legislation of any country to which that party may be subject; or
9.1.7fails to remedy a breach within the time-limit prescribed in the breach provisions of this agreement provided for in 7,
9.1.8immediately terminate this agreement by notice in writing.
9.2Any termination of this agreement will be without prejudice to any other rights or remedies of either party under this agreement or any applicable law and will not in any way affect any accrued rights or liabilities of either party at the date of termination.
10.1A certificate under the signature of any director or manager appointed from time to time by HOMEMAKERS shall be prima facie proof of the following:
10.1.1The amount owed by the advertiser to HOMEMAKERS at the time that the certificate is provided;
10.1.2The rate of interest payable on the outstanding balance owed by the advertiser to HOMEMAKERS from time to time;
10.1.3The dates on which the principal debt became due, payments have been received by HOMEMAKERS from the advertiser and the interest on the outstanding balance.
10.2Such certificate shall be valid for the purposes of proving to the arbitrator or any appropriate court what sum is due by the advertiser to HOMEMAKERS.
ADMINISTRATIVE CLAUSES
11.1For the purposes of this agreement, including the giving of notices and the serving of legal process, the parties choose the following contact details:
11.1.1HOMEMAKERS:
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Physical Address |
First Floor, Block G, Infinity Office Park, Robin Close, Meyersdal, |
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Telefax |
086 111 HOME (4663) |
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11.1.2 The advertiser at the physical address, telephone number and eMail address chosen by it in registering to use the HOMEMAKERS website to place advertisements.
11.2A party may at any time change its contact details by notice in writing to the other party provided that the new physical address is an address in South Africa at which process can be served, such new contact details being effective on receipt by the addressee of such written notice.
11.3Any notice given in connection with this agreement shall:
11.3.1be delivered by hand; or
11.3.2be sent by prepaid registered post; or
11.3.3be sent by telefax (if the domicilium includes a telefax number),
11.3.4be sent by email (if the domicilium includes an email address)
11.4to the address, telefax or email address chosen by the party concerned.
11.5A notice given as set out above shall be deemed to have been duly given:
11.5.1if delivered, on the date of delivery;
11.5.2if sent by post, 10 (ten) days after posting;
11.5.3if sent by telefax, on the day that the telefax is transmitted
11.5.4if sent by email, on the day that it enters an information system outside of the control of the addressor and if the parties are in the same information system, on the day that it becomes capable of being retrieved by the addressee.
This agreement constitutes the entire contract between the parties with regard to the matters dealt with in this agreement and no representations, (save for any fraudulent misrepresentations) terms, conditions or warranties not contained in this agreement shall be binding on the parties.
No agreement varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
None of the parties may rely on any representation, which allegedly induced that party to enter into this agreement, unless that representation is recorded in this agreement.
No indulgence granted by a party nor the partial exercise by any party of any power, right or privilege shall constitute a waiver of any of that party's powers, rights or privileges under this agreement and that party accordingly shall not be precluded, as a consequence of having granted such indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.
16.1The advertiser may not cede his/her/its rights nor assign his/her/its obligations without the prior written consent of HOMEMAKERS, which consent will not be unreasonably withheld.
16.2HOMEMAKERS may, in its discretion, cede its right and assign its obligations to a third party.
The interpretation, construction and effect of this agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Republic of South Africa.
If any provision of this agreement is found or held to be invalid or unenforceable, the validity of all the other provisions hereof will not be affected thereby and the parties agree to meet and review the matter and if any valid or enforceable means is reasonably available to achieve the same object as the invalid or unenforceable provision, to adopt such means by way of variation of this agreement.
19.1The advertiser, or its representative, warrants that in registering the advertiser to trade using the HOMEMAKERS website that the advertiser has the legal capacity and that the representative is properly empowered and duly authorised to accept the terms of use and terms of trade stipulated by HOMEMAKERS and to transact the transactions governed by the terms of trade.
19.2The advertiser agrees that the use of the password selected by either advertiser or any of its representatives, as the case may be, shall bind the advertiser to the transaction concluded by the advertiser or its representative.
19.3The advertiser shall express its intent to be bound by the terms and conditions stipulated and enter into the transaction facilitated by the HOMEMAKERS website by clicking the "accept" button provided to confirm the transaction.
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