1. Acceptance of Terms and Conditions
1.1 This website is a service made available by www.MartieGreen.com, a
Naartjie Projects (Pty) (Ltd) business, located in Sandton, South Africa
and its affiliates (collectively referred to in this document as
between you, whether personally or on behalf of an entity (“User”) and
MARTIEGREEN (“we,” “us” or “our”), concerning your access to and use
of the www.MartieGreen.com website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto.
1.3 By signing up to use our service or product offering, you warrant that you
have express and complete authority to enter into this agreement.
1.4 Persons under the age of 18 are not permitted to use or register on
MARTIEGREEN and by signing up you confirm that you have reached the
age of majority in your jurisdiction. Similarly, our direct competitors, their
employees or contractors are not allowed to subscribe or use our service
and product offering.
1.5 All use of MARTIEGREEN – including content, information and services – is
subject to these terms and conditions, hereinafter referred to as the
“Terms”. This is the entire agreement between the Service Provider,
MARTIEGREEN, and you (the User).
1.6 By accessing, browsing or using MARTIEGREEN, you acknowledge that
you have read and understood the contents of the Terms and that you
agree to be bound to these Terms as set out in this legal notice. Should
you opt not to agree to the Terms, you are EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.7 MARTIEGREEN reserves the right to amend, remove or add to these Terms
from time to time and the changes will be effective from the date on
which they are published on our website. The Users must ensure that they
check these Terms regularly for updates or before they use the site and
that the User consents hereto.
1.8 Further use of products and rendered services, after additional
modifications in the terms and conditions have been implemented, shall
constitute consent to, and acceptance of these modifications. Refusal
to accept these modifications shall preclude the user from using the
offered products and services. You (the User) specifically waive any right
to receive specific notice of each such change.
1.9 The information provided by MARTIEGREEN is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access MARTIEGREEN from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.10 MARTIEGREEN may only be used as specified by us and not in connection with any other commercial endeavours except those that are specifically endorsed or approved in writing by us.
1.11 MARTIEGREEN is exclusively entitled to decide on the functionality, use, subject matter, content, nature and variety of services and products provided by MARTIEGREEN, as well as to cease rendering any or all of these services at its sole discretion after providing what it deems to be a reasonable notice period.
1.12 Information provided by our Users through the MARTIEGREEN Service may contain links to third party websites that are not owned or controlled by MARTIEGREEN. MARTIEGREEN has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
1.13 In addition, MARTIEGREEN will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that MARTIEGREEN shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
1.14 The User(s) understands and has become familiar with all technical requirements necessary to use these services and products and has no objections in respect thereof. The user is aware of risks and threats connected with electronic data transmission and accepts these risks.
2. Description of Services – AFFILIATED SITES
2.1 MartieGreen has no control over, and no liability for any third party websites or materials. MartieGreen works with a number of partners and affiliates whose Internet sites may be linked with the Site.
2.2 Because neither MartieGreen nor the Site has control over the content and performance of these partner and affiliate sites, MartieGreen makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and MartieGreen assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
2.4 AFFILIATE LINKS: We receive commissions when you click on our links and make a purchase. However, this does not impact our reviews and comparisons. We try our best to keep things fair and balanced.
2.5 OBTAIN INDEPENANT PROFESSIONAL ADVICE: Results may vary depending on your starting point, goals and effort. Therefore, no guarantee for exact or specific results are made. Always obtain advice from a Professional such as a Financial Advisor or A Medical Doctor depending on your own needs. We shall not be liable for any loss or damage allegedly arising from any information or suggestions made on our website.
6. Copyright, Intellectual Property and other Rights
6.1 All intellectual property on this website / blog, unless indicated otherwise, including but not limited to; copyright, content, trademarks, domain names, software, source code, meta tags, text, the service and hyperlinks, is owned by MARTIEGREEN and or its affiliates and or third-party owners and it is as such protected from infringement by domestic and international legislation and treaties.
6.2 Unauthorised use of any or all of the intellectual property on this website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto is strictly prohibited.
6.3 User(s), when subscribing, agrees that MARTIEGREEN may use their name, trademarks, service marks, and logo’s etcetera in any of MARTIEGREEN’S marketing or promotional materials and as part of the Application.
7. Prohibited Activities
7.1 Users may not make use of any automated retrieval robot, screen scraper or similar technology to obtain information or to alter information on this Application. Users are prohibited to attempt any violation to the security of this website / Application and or the server and computer network that support this Application.
7.2 Any violations may result in civil or criminal liability by the User.
7.3 MARTIEGREEN grants to the User, and subject to these terms, a non- exclusive, non-transferable, limited and revocable right to access and use this Application for commercial purposes only. These rights must be used only in accordance with their purpose, application and their general characteristics. Any unauthorised use terminates this license and the User(s) may be held responsible for any damages suffered by MARTIEGREEN.
7.4 The User will not publish or upload onto the MARTIEGREEN website or social media sites any material which is unlawful, deceptive, misleading, defamatory, pornographic, obscene, hateful, criminal and malicious, or that which would violate any Party’s rights. Users are not allowed to use words, which may be offensive to the general public. MARTIEGREEN may, at its sole discretion, decide whether any information published or uploaded is in breach of the above and reserves the right to delete or remove any material or information deemed by MARTIEGREEN to violate these Terms or the Law. No refunds will be made by MARTIEGREEN in such cases.
7.5 MARTIEGREEN reserves the right, but not the obligation, to monitor the site, at any given time and without warning, for any violations of these Terms. Should MARTIEGREEN find, at its own discretion, any material or activity contrary to these terms, MARTIEGREEN is fully entitled in its own rights to the remedies available to it made available by these Terms.
8. Legal Jurisdiction
8.1 This Website is controlled, operated and administered by MARTIEGREEN from its offices within the Republic of South Africa. This agreement shall be governed by and construed in accordance to South African laws and any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the South African Courts in terms of MARTIEGREEN’S registered address.
8.2 Users agree to waive all defences or objections to such jurisdiction and venue.
8.3 If any of the provisions of these terms are found by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between MARTIEGREEN and the User(s) with regard to the use of this website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
12. MARTIEGREEN Liability
12.1 The User(s) indemnifies and holds MARTIEGREEN, its officers, subsidiaries, affiliates, successors, assigns, directors, members, agents, service providers, suppliers and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, injury and expenses (including but not limited to attorneys’ fees) which may be sustained as a result of using the services and or products. The site is provided ‘as is’ and “as available” with no warranties and the use of the site or use of advertised products is at the Users own risk.
12.2 The maximum liability (in any form) shall be limited to the Fees paid / costs by the User(s) for the previous 3 months or $50.00.
12.3 User(s) shall defend, indemnify and hold MARTIEGREEN harmless from and against any and all third-party claims, causes of action, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with their use of the services or products of MARTIEGREEN.
13.1 Should a dispute arise between the User(s) and MARTIEGREEN as a direct or indirect consequence of the above Terms, for the purpose of expediting resolution, the User(s) and MARTIEGREEN agree to enter into a process of negotiations between themselves prior to taking any further steps. Should these negotiations fail, the Parties then agree to undergo mediation to settle any dispute. The Mediation proceedings shall be conducted by a South African Accredited Mediator who is a qualified practicing Attorney or Advocate with a minimum of 10 years’ experience.
13.2 The User(s) and MARTIEGREEN both agree to cooperate to the extent required from them in order to conduct fruitful negotiations, failing which to the extent so required by the appointed Mediator.
Domicilium citandi et executandi address:
Naartjie Projects (Pty) (Ltd) trading as www.MartieGreen.com
Registration Number: 2015/406765/07
Director: MJ Vermaak
Office 3, 368 Oak Avenue, Ferndale, Randburg, South Africa, 2194 Email: firstname.lastname@example.org
A copy of the SCT Act is available at www.internet.org.za/ect_act.html