Terms & Conditions

Version 2.3.0alpha

Access to site

By accessing any part of this site the user, being a service provider or potential client of a service provider, agrees to accept and be bound by these terms and conditions. If you, the user, do not agree with any of them then you should stop using the site immediately. Access to this site is limited to those pages that are explicitly linked from the home page. Any access or attempted access to pages other than those explicitly linked will be deemed unauthorised access and cause potential criminal and/or civil liability. We, being the authors and/or owners of the website may stop you using this site and may deny you access in future for any reason whatsoever, including where we believe that you have not complied with these terms & conditions or if we have reasonable grounds to suspect that you are using the site for any improper purpose, including (but not limited to) fraudulent, abusive or illegal activity, which may or may not be harmful to us or other users. We have the right to amend the contents of the site or these conditions at any time. We may suspend access to the site without notice for any reason whatsoever, including the maintenance and updating of the information on it. We reserve the right to amend, alter or add to information appearing on the site as and when required. We do not need to serve any notice of our intention to amend the website or its terms and conditions.

Accessibility

The authors and owners of the site have made reasonable efforts to ensure that the site is accessible notwithstanding the computer or browser you use. However, we cannot guarantee that you will be able to access the site from your hardware or software nor if you change the hardware/software you are using and we do not accept liability, of whatsoever nature, if you are unable to do so.

Accuracy of Information

We do our best to ensure that the information provided on this site is up to date and accurate. However, since the information is largely determined by a number of varying factors such as information provided by third party service providers or potential clients of service providers we can not guarantee the safety quality or efficacy of any information, on this site, of whatsoever nature.

Third party products and services

The site may provide links to other sites and put you in contact with service providers, we do not endorse any products or services advertised on them. Furthermore, we can not guarantee the quality of the leads regarding potential clients to service providers. Your use of these links, suppliers, or clients is entirely at your own risk and we accept no responsibility or liability for the content, security, use or performance of these sites or suppliers, although we do our best to monitor the service of suppliers. All content and/or information on this website including all research, opinions or other content does not constitute and does not intend to constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services of whatsoever nature.

Feedback, Reputation And Reviews

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website 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 Cherryserve feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted. Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Supplier Services via the Website. You may not use your Supplier or Customer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Cherryserve or its related entities without our written permission.

Identity

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources. We reserve the right to close, suspend, or limit access to your Account, the Website and/or Cherryserve Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

User Services

Upon the Customer awarding a project to the Supplier, and the Suppliers's acceptance, or the purchase of an item/service by a Customer from the Supplier, the Customer and Supplier will be deemed to have entered into a User Contract under which the Customer agrees to purchase, and the Supplier agrees to deliver the Supplier Services. You agree not to enter into any contractual provisions in conflict with the User Agreement. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. 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 Customer or Supplier, or in any other uses you make of the Website. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract. Depending on their jurisdiction, Customers and Suppliers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Each User acknowledges and agrees that the relationship between Customers and Suppliers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Supplier and the User.

Links to our Site

You may not link any other website to this site without obtaining our consent in writing nor may you use any copyrighted images nor content on the site.

No liability

We will accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses (including loss of profit, loss of revenue, the use of money, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use and/or opportunity, loss and/ or corruption of data and/or other information, downtime and/or the cost of obtaining substitute products or services) arising out of, or in connection with your use or inability to use the site, or in connection with any error, omission, defect, computer virus or system failure, or loss of any profit, goodwill or reputation, even if expressly advised of the possibility of such loss or damages, arising out of or in connection with the access of, use of, performance of, browsing in or linking to other sites from this site. Please note that we may temporarily or permanently suspend or disable the site (or any part of it) without notice at any time, for whatsoever reason. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the site. You accept that we use a grading system, as amended from time to time, regarding service providers on the website and future clients of service providers and you accept that we are not liable for the grading you receive, whether as a service provider or a potential customer of a service provider. You agree that our business model may be amended from time to time, with or without notice on this website and that we shall not be liable for any loss or potential damage suffered due to the use of any supplier or client through this website prior to any amendment or any subsequent amendment of the business model. The aforementioned limitation of liability extends to any user of the website whether you are a service provider or potential or current client of any service provider.

No warranty

We provide no warranty or guarantee of any service provided by a service provider and or quality of customer put in contact with a service provider.

Intellectual Property

Designs, copyright, trademarks and or other intellectual property rights protect the content and layout of this site and constitute the property of the owners of the website. This not only includes text but also images, patents, aesthetic and functional designs, software, data, forms, sound, music, graphics, animations, logos and video clips. The aforementioned may not be used in whatsoever format without the explicit written consent of the proprietor thereof.

Data usage

You authorise the owners, authors and any affiliate of them to use any and all information of whatsoever nature, whether electronic or otherwise. You agree that we may hold and process, by computer or otherwise, any information we gather about you as a result of your use of the website. Furthermore, you grant us a non-exclusive license to disseminate and distribute any of the aforementioned information as we deem necessary.

Governing Law

All matters related to this website will be governed by South African Law, unless otherwise determined by us, being the authors, and owners of the site.

Cookies

You allow us to use cookies in any and all formats, howsoever deemed necessary by us.

Headings

The Headings in these terms and conditions are not to be used in interpreting these terms and conditions and are simply used for ease of reference. Updates to Terms and Conditions We retain the right to amend, at any stage, for whatsoever reason, the terms and conditions as set out herein, without any notice. The amendments shall be effective from time of being published on the Website, unless otherwise stated by us.

Representations

We, being the authors and owners understand that we may make representations through the course of conducting business, but no representation of whatsoever nature, shall be construed as constituting an agreement unless made in writing by us.

Licence

You as a service provider or potential client of a service provider hereby allow us a non-exclusive licence to use your intellectual property, including but not limited to trademarks, in any manner to promote the website and its services.

Cession of Rights

We reserve the right to cede, assign or delegate any of our rights or obligations at any time for whatsoever reason.

Acceptance of Terms and Conditions

By using the website you agree to be bound and to comply with the above terms and conditions.