TERMS OF USE

TERMS OF USE

 

Introduction

Welcome to www.x-man.co.za, a website owned and operated by X Man Management Services CC (“Xman”, “we” or “us”).  This page explains the terms by which the user (“you, your or yourself”) may use our website.

 

Acceptance of Terms

These terms and conditions become effective when you access the website and constitute a binding agreement between us and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this website.

 

By accessing or using the X Man website, applications, including through a mobile device, you signify that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any provision contained in these Terms of Use, please do not use this website.

 

Use of the Website

By accessing the website, you warrant and represent that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using the website or any information provided to you by us through your use of the website.

 

Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.

 

Use of Information

X Man conducts its business in accordance with South African legislation affecting its business. We value the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations as set out in our Privacy Policy. The website does not currently collect any of your personal information except if there is a request by you for further information or to be contacted.  In that case, your information will only be used to contact you and will not be stored for any other purpose.

 

Amendment of Terms and Conditions

We reserve the right, in our sole discretion, to amend these terms and conditions at any time and without notice. Any such amendments will come into effect immediately and automatically. If we do this, we will post the amended terms and conditions on this page and indicate at the bottom of the page the date the terms and conditions were last revised. You agree to review these terms and conditions whenever you visit the website for any such amendments.

 

If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the website.

 

Content of Users

There are certain areas of the website that may allow Users to add questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, display, or otherwise make available (hereinafter, “add”) on the website. X Man will not review or reference any such User Content as provided herein except as provided in our Privacy Policy or as may be required by law.  Except as provided otherwise, all User Content is owned by the User who adds it to the website. Creditwatch does not have, nor does it claim, any ownership rights in any User Content.

 

You agree not to add any User Content that (a) contains any information or content that is not legally permitted; (b) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) contains any information or content that you know is not correct and accurate. You agree that any User Content that you add does not and will not violate any third-party rights of any kind.

 

Copyright and Intellectual Property Rights

For the purposes of these terms and conditions, “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.

 

Except for your User Content, the website and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights and photographs (the “X Man Content”), and all Intellectual Property Rights related thereto, are the exclusive property of X Man.

 

Except as explicitly provided herein, nothing in these terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights and you agree that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (a) modify, port, translate, localize or create derivative works of the website or any documentation relating to the provision of the website; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the website by any means whatsoever, or disclose any of the foregoing; (c) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the website without the express written consent of X Man; and (d) encumber or suffer to exist any lien or security interest on any of the website.  Use of the X Man Content or materials on the website for any purpose not expressly permitted by these terms and conditions is strictly prohibited.

 

You understand and acknowledge that you may be exposed to User Content that is inaccurate and you agree that X Man will not be liable for any damages you allege to incur as a result of such User Content.

 

Disclaimer of Warranties and Liabilities

X Man does not make any warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the website is provided “as is”. X Man does not make any warranty or representation that information advertised on its website is appropriate for use in any jurisdiction.

 

Use of this site and its contents are at your own risk. X Man does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of the site and/or its contents.

 

X Man does not assume any responsibility for any errors, omissions or inaccuracies in the site and/or contents.

 

Neither X Man nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website and/or your reliance on any information offered via the website.

 

Without limiting the generality of the foregoing, neither X Man nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website.

 

You hereby indemnify X Man and its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.

 

The content is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the website and, in any event, prior to making any financial decisions based on such content.

 

Indemnity

You agree to defend, indemnify and hold harmless X Man, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that the User Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of this Terms of Use and your use of the website.

 

External Links

External links may be provided for your convenience, but X Man makes no representations whatsoever about any other website or their content. Use or reliance on any external links provided is at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.

 

Crawlers and Spiders

No person, business or website may use any technology to search and/or gain information from our website without our prior written permission.

 

Governing Law

This Agreement and all matters or disputes arising from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

Consumer Protection

Information Required Pursuant to section 43(1) of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) is as follows:

 

Full name and legal status: X Man Management Services CC., a closed corporation incorporated in accordance with the laws of the Republic of South Africa.
Registration number: CK2006/181963/23
Place of registration: Johannesburg, South Africa
Physical address: 44 the Avenue, Orchards, Johannesburg, 2192
Telephone number: (011) 483 0086
Website address: www.x-man.co.za or www.xman.co.za
Email address: info@xman.co.za
Membership of codes

of conduct:

nil
Description of the main

characteristics of the

service/s offered:

debtor bureau for healthcare providers
Manner of Payment: not applicable
Terms of the Agreement: the terms of the agreement between yourself and X Man are governed by these terms and conditions
Policy of Creditwatch in respect

of personal information:

X Man has implemented has Privacy Policy which is available on its website with respect to how we handle your personal information
Cooling-Off Period: not applicable
 

Complaints and Queries

 

if you have any complaints or queries please contact:

Karen Maritz

info@xman.co.za

 

This Agreement was last revised on 27 July 2014