Introduction
Welcome to www.classads.co.za ("Class Ads"). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).
All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use Class Ads. You affirm that you are either 13 years of age or older, or possess the necessary consents to agree to these terms.
As a condition of your use of Class Ads you, agree that you will not:
You are solely responsible for all information that you submit to Class Ads and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently.
Class Ads and the Class Ads community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Class Ads if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Class Ads or not, we do not accept any liability for monitoring Class Ads or for unauthorized or unlawful content on Class Ads or use of Class Ads by users. You also recognize and accept that Class Ads is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services
Using Class Ads is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
Content
Class Ads contains content from us, you, and other users. Class Ads is protected by copyright laws and international treaties. Content displayed on or via Class Ads is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Class Ads without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Class Ads Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Class Ads (other than your own content).
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
You represent and warrant that none of the following infringe the license (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Class Ads Terms of Use.
Infringement
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Class Ads by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Class Ads.
Reporting an infringement
In order to participate in the Notice of Infringement Programme, you only need to contact using the contact form on Class Ads. This information you submit must enable Class Ads to identify the advertisement to be removed. Once we have received your email, you can simply send later reports to Class Ads via the e-mail address provided.
"Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
Liability
Class Ads does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. Class Ads only provides the platform.
As explained above, we do not actively monitor data or content. We are not involved in the actual transactions between users.
Class Ads does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Class Ads also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
As most of the content on Class Ads comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what's offered, or with regard to the legal capacity of the users that may conduct or complete any transaction.
You agree not to hold us responsible for things other users post or do.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
Class Ads may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of Class Ads and other locations, and for such purposes, as further described in our Privacy Policy. Class Ads and other locations, and for such purposes, as further described in our Privacy Policy is not involved in transactions between users and the operators of such third party sites. Class Ads does not accept responsibility for their content, services and/or products.
We cannot Class Ads continuous, error-free or secure access to our services or that defects in the service will be corrected.
While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Class Ads, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.
Personal Information
By using Class Ads, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Class Ads on servers located in USA. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.
Security
In order to ensure the security and reliable operation of the site for all users, Class Ads and other locations, and for such purposes, as further described in our Privacy Policy reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Class Ads.
Resolution of disputes
If a dispute arises between you and Class Ads, we strongly encourage you to first contact us directly to seek a resolution by going to The “contact us” page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
The terms and the other policies posted on Class Ads constitute the entire agreement between Class Ads and you, superseding any prior agreements.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
