Terms of Use

BY USING THIS SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“THE AGREEMENT”) GOVERNING YOUR USE OF LOITA BUSINESS MARKETPLACE AND OTHER AFFILIATED SERVICES (COLLECTIVELY, THE “SERVICES”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORISING BODY, A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITINS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT USE THE SERVICE.

Welcome

Welcome To Loita Business Marketplace (the “Service”). These Terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications, and other portals owned, operated, branded, or made available by Loita Business (defined below) from time to time which relate to the Loita Business Marketplace. This document is a legally binding agreement between you as the user(s) of the Marketplace (referred to as “you“, “your” or “User” hereinafter) and Loita Business contracting entity determined in accordance with clause below (referred to as “we“, “our” or “Loita Business” hereinafter).

1. Application and Acceptance of the Terms

   1. Your access to and use of the Services is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies Loita Business may publish from time to time. This document and such other rules and policies of the Service are collectively referred to below as the “Terms”. By accessing and use of the Services, you agree to accept and be bound by the Terms. Please do not access or use the Services if you do not accept all of the Terms.
   2. You may not access or use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Loita Business, or (b) you are not permitted to receive any Services under the laws of South Africa or other countries/regions including the country in which you are resident or from which you access and use the Services.
   3. Loita Business may amend any Terms at any time by posting the relevant amended and restated Terms. By continuing to access or use the Services, you agree that the amended and restated Terms will apply to you.
   4. If Loita Business has posted or provided a translation of the English Language version of the Terms, you agree that the translation is provided for convenience only and the English version will govern your access to and use of the Services.
   5. You may be required to enter into separate agreement(s), whether online or offline, with Loita Business or our affiliate for any Service (or features within the Services) (each an “Additional Agreement“).
   6. The Terms may not otherwise be modified except in writing by an authorized officer of Loita Business.

2. Provision of Services

   1. You must register as a User on the Marketplace in order to access and use some Services. Further, Loita Business reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that Loita Business may impose in our discretion.
   2. The Service will be offered for either a monthly, annual and/or per transaction charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
   3. The Service core features may be added or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Loita Business and notified to you.
   4. Loita Business may suspend or terminate all or part of the Service at any time in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination. Loita Business reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
   5. Benefits, features and functions available to a User may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
   6. The availability of any transactional features and functions on the Marketplace to any User may be conditional on verification of User’s identity and/or its designated bank account by Loita Business and/or its approved independent third parties.
   7. Loita Business reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Loita Business further reserves the right but shall not be obliged to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Loita Business.
   8. Each User acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Loita Business be liable to the User or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
   9. Loita Business reserves the right, without prior notice and at its sole discretion, to suspend, restrict or deny access to or use of your Username and services provided by Loita Business without liability for any losses or damages arising out of or in connection with such suspension or termination, if you:
      • use the services provided by Loita Business, or through the Marketplace to defraud any person or entity;
      • engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence;
      • engage in any activities that would otherwise create any liability for Loita Business, the Services or the Loita Business affiliate Services.
3. If you voluntarily submit any information to the Marketplace for publication on the Marketplace through the publishing tools, including but not limited to, company or business profile, product catalogue, trade leads, then you are deemed to have given consent to the publication of such information on the Marketplace.

4. Users Generally

   1. As a condition of your access to and use of the Marketplace or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Marketplace or Services.
   2. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Marketplace (the “Marketplace Content“), and (b) you will not copy, reproduce, download, compile or otherwise use any Marketplace Content for the purposes of operating a business that competes with Loita Business, or otherwise commercially exploiting the Marketplace Content. Systematic retrieval of Marketplace Content from the Marketplace to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Loita Business is prohibited. Use of any content or materials on the Marketplace for any purpose not expressly permitted in the Terms is prohibited.
   3. To know how we and our affiliates use and protect your personal information when using the relevant Marketplace, please review our privacy policy provided to you.
   4. Loita Business may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the sites. You acknowledge that Loita Business has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.
   5. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Loita Business and/or any other User nor to gain unauthorized access to such computer systems or networks.
   6. You agree not to undertake any action which may undermine the integrity of Loita Business feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User

5. Member Accounts

   1. User must be registered on the Marketplace to access or use some Services (a registered User is also referred to as a “Member” below).
   2. Loita Business shall make use of the email address provided by the User to create a User ID and Password (the latter shall be chosen by the User during registration) to each User to access the Service through such User’s Account.
   3. Each User shall be solely responsible for maintaining the confidentiality of its User ID and Password and for all use of and activities that occur under the User ID and Password (whether such use or activities are authorized or not). A set of User ID and Password is unique to a single Account and no User shall share, assign or permit the use of its Account, User ID or Password to another person, even to other individuals within the User’s own business entity (where applicable).
   4. Each User acknowledges that sharing of its Account with other persons or allowing multiple users outside of its business entity to use its Account (collectively, “multiple use“), may cause irreparable harm to Loita Business or other Users. Member shall indemnify Loita Business, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered by Loita Business as a result of such multiple use of an Account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Alibaba.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
   5. Each User hereby undertakes to notify Loita Business immediately of any unauthorized use of its Account, User ID or Password or any other breach of security. Each User hereby agrees that Loita Business shall not be liable for any loss or damages arising from the User’s failure to comply with this paragraph.
   6. Member agrees that all use of the Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

6. Member’s Responsibilities

   1. Each Member hereby represents, warrants, and agrees that (a) you have the full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use of the Services will be for business purposes only; (c) to the extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Loita Business to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
   2. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Marketplace for your access to and use of any Service or the member account. Each member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Marketplace or Services is true, accurate, current, and complete (b) you will maintain and promptly amend all information to keep it true, accurate, current, and complete.
   3. Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize Loita Business and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
   4. Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights“); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Right; and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products online.
   5. Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Sites shall
      • (a) be true, accurate, complete and lawful;
      • (b) not be false, misleading or deceptive;
      • (c) not contain information that is defamatory, libellous, unlawfully threatening or unlawfully harassing, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
      • (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • (e) not violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, price gouging or false advertising) or promote any activities which may violate any applicable laws and regulations;
      • (f) not contain any link directly or indirectly to any other web Services which includes any content that may violate the Terms.
      • (g) not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
      • (h) not be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful purpose;
      • (i) not infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
      • (j) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
      • (k) not contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
      • (l) not involve attempts to copy, reproduce, exploit or expropriate Loita Business various proprietary directories, databases and listings;
      • (m) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data or personal information; and
      • (n) not involve any scheme to undermine the integrity of the computer systems or networks used by Loita Business and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
      • (o) not link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under the Service Level Agreement or this Terms of Use; or
      • (p) not sell drugs, weapons, pornography, or otherwise create any liability for Loita Business or its affiliates.
   6. Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from such referee to (a) act as such Member’s business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member’s consent to be obtained before third parties may contact the business referees.
   7. Member shall not take any action which may undermine the integrity of Loita Business feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.
   8. Each Member acknowledges and agrees that Loita Business reserves the right to but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Loita Business does not endorse, verify, or otherwise certify the contents of any comments or other material, or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
   9. Member acknowledges and agrees that the Marketplace and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.

7. Breaches By Members

   1. Loita Business reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject Loita Business or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or Loita Business or our affiliates, or (vi) is otherwise found inappropriate in Loita Business’ sole discretion.
   2. If any Member breaches any Terms, or if Loita Business has reasonable grounds to believe that a Member is in breach of any Terms, Loita Business shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Loita Business in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Loita Business may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Loita Business may deem necessary or appropriate in its sole discretion.
   3. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) upon complaint or claim from any third party, Loita Business has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Marketplace and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, b) Loita Business has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, c) Loita Business has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or d) Loita Business believes that the Member’s actions may cause financial loss or legal liability to Loita Business or our affiliates or any other Users.
   4. Loita Business reserves the right to cooperate fully with governmental and regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted under applicable laws and policies, Loita Business may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Marketplace, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Loita Business shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Loita Business for such disclosure. In connection with any of the foregoing, Loita Business may suspend or terminate the Account of any Member as Loita Business deems appropriate in its sole discretion.
   5. Loita Business reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Marketplace for such duration as Loita Business may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Loita Business to liability, violates the Terms or any Additional Agreements or is otherwise found inappropriate in Loita Business opinion. Further, Loita Business may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Marketplace without being liable to the Member if Loita Business has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Loita Business and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Loita Business reserves the right to, but not required to investigate such breach or request confirmation from the Member.
   6. Each Member agrees to indemnify Loita Business, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any damages and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member’s use of the Service or from such Member’s breach of the Terms and any Additional Agreements
   7. Each Member further agrees that Loita Business is not responsible and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Loita Business reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Loita Business in asserting any available defenses.

8. Transactions Between Buyers and Sellers

   1. Through the Marketplace, Loita Business provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Loita Business reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Marketplace, Loita Business does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Marketplace. Loita Business does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
   2. Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Loita Business uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Marketplace. However, because user verification on the Internet is difficult, Loita Business cannot and does not confirm each member’s purported identity shown (including, without limitation, paying Members). We encourage you to use the various tools available on the Sites, as well as common sense, to evaluate with whom you are dealing.
   3. Each Member accessing or using the Marketplace or Service shall fully assume the risks of conducting any purchase and sale transactions in connection with or through the Marketplace or Services. Buyers and sellers accessing or using the Marketplace or Services shall fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subjects of the transactions on the Marketplace. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Marketplace may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Marketplace or Services. All of the foregoing risks are referred to as “Transaction Risks“. Each Member agrees that Loita Business shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
   4. Buyers and sellers are solely responsible for setting out, agreeing on, entering into and performing all of the terms and conditions of the transactions conducted on, through or as a result of use of the Marketplace or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
   5. User agrees to provide all information and materials as may be reasonably required by Loita Business in connection with its transactions conducted on, through or as a result of the use of the Marketplace or Services. Loita Business has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
   6. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Loita Business (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

9. Limitation of Liability

   1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LOITA BUSINESS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
   2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOITA BUSINESS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE MARKETPLACE OR SERVICES.
   3. Any material downloaded or otherwise obtained through the access to or use of the Marketplace or Service is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Loita Business or through or from the Service shall create any warranty not expressly stated herein.
   4. The Marketplace may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Loita Business or its affiliates be held liable for any such services or products.
   5. To the extent permitted by law, Loita Business shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following (a) the use or the inability to use the Service; (b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Sites; (c) unauthorized access by third parties to data or private information of any Member; (d) statements or conduct of any user of the Sites; or €statements or conduct of any User of the Marketplace or Services; or; (f) any other matter relating to the Sites or Service however arising, including negligence.
   6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Loita Business has been advised of or should have been aware of the possibility of any such losses arising.

10. Force Majeure

    1. Under no circumstances shall Loita Business be held liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or delay or failure or disruption of the Service accessed or delivered through the Marketplace or the creation or fulfillment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

11. Intellectual Property Rights

    1. Loita Business is the sole owner or lawful licensee of all the rights and interests in the Marketplace and the Marketplace Content. The Marketplace and Marketplace Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Marketplace and Marketplace Content shall remain with Loita Business, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Loita Business are hereby reserved.
    2. “LOITA”, “LOITA BUSINESS” and related icons and logos are registered trademarks or trademarks or service marks of Loita Business (Pty) Ltd and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
    3. Loita Business may have independent third parties involved in the provision of the Loita Business Marketplace or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
    4. To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by Loita Business and/or its affiliates using User Content pursuant to the Terms shall belong to Loita Business, which may be freely assignable, licensable or grantable by Loita Business to any third party or its affiliates.

12. Notices

    1. All legal notices or demands to or upon Loita Business shall be made in writing and sent to Loita Business via email legal@loitabusiness.com or personally, by courier or certified mail to the following entity and address: Loita Business (Pty) Ltd 5 Ground Floor, No.1 Melrose Boulevard, Melrose Arch 2076, Johannesburg, South Africa, Attn: Legal Department. The notices shall be effective when they are received by Loita Business in the above-mentioned manner.
    2. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Loita Business, or by posting such notice or demand on an area of the Marketplace that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
    3. (a) Loita Business is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Loita Business posting such notice on an area of the Marketplace that is publicly accessible without charge.
    4. You agree that all agreements, notices, demands, disclosures and other communications that Loita Business sends to you electronically will satisfy any legal requirement that such communication should be in writing.

13. General Provisions

    1. Loita Business and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
    3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Loita Business failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Loita Business right to act with respect with subsequent or similar breaches.
    5. Loita Business shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Loita Business). The Member may not assign, in whole or part, this Agreement to any person or entity.
    6. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF SOUTH AFRICA (“RSA”)
    7. If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.
    8. If you have any comments on the Services we provide to you, you may contact our customer service support at support@loitabusiness.com or feedback@loitabusiness.com