Welcome to the tvfreelancer.co.za Terms & Conditions ("User Agreement"). The services available at tvfreelancer.co.za are provided by Adam Asmal 12th floor 60 St Georges Mall, Cape Town, South Africa.

This User Agreement outlines the terms and conditions that apply to your use of the services available under the domain tvfreelancer.co.za (the "Site"). If you do not accept to be bound by this User Agreement, you should not use or access our services.

You must read, agree with and accept all of the terms and conditions contained within this User Agreement, including those terms and conditions expressly set out below and those incorporated by reference, before you may register as a user of the Site. We recommend that you also read the information contained in the other pages referred to in this document, as they contain additional terms and conditions which apply to you as a tvfreelancer.co.za user.

If you have any questions about this User Agreement, please contact us by e-mail.

We may amend this User Agreement at any time and shall give you notice ("Notice") by either e-mail in accordance with your notification preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees & Refund Policy.

This User Agreement is effective on 25th August 2006.

REGISTRATION ELIGIBILITY

Persons under the age of 18 years may not use our services. Our services are unavailable to anyone under 18 years old. If you are under 18 you are eligible to use our services together with a parent/guardian or under the supervision of a parent/guardian. You may not use our services unless you are qualified to do so. If you register as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

1. Login details

Upon completion of registration, you must decide upon a password which together with your email address enable you to login to and utilise the site. You are responsible for any/all actions taken under that email address and password. You should make every effort to keep your password safe. It should not be disclosed to any other person and no other person should be allowed, either directly or indirectly, to use your login details. You must not transfer or sell your login details.

2. tvfreelancer.co.za IS A PLATFORM

2.1 Definition

The Site is a platform allowing registered users to request and quote for media services, any time, anywhere. Tvfreelancer.co.za does not review requests submitted by bookers and does not quote for requests submitted through the Site and is not involved in discussions or transactions between bookers and suppliers. As a result, tvfreelancer.co.za has no control over the quality, safety or legality of the suppliers, the truth or accuracy of their quotes. You should not assume that the quotes, Health and Safety Certification and Liability Insurance levels provided by suppliers are valid and legal simply because it is listed on the Site. Tvfreelancer.co.za is not responsible for ensuring that bookers and suppliers actually complete a transaction. You accept full responsibility for the legality of your actions under laws applying to you.

2.2 Identity verification

Techniques used by us verify the accuracy of the information supplied to us by our users when they register on the Site. However, because user verification on the Internet is difficult, tvfreelancer.co.za cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our booker feedback rating system will also help you to evaluate the supplier with whom you are dealing.

2.3 Information Control

tvfreelancer.co.za does not control the information supplied by users made available through the Site. Users information may be offensive, harmful, inaccurate, or deceptive and you are therefore urged to use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that tvfreelancer.co.za is not responsible for the acts or omissions of Site users.

2.4 Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release tvfreelancer.co.za (and our directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

3. YOUR INFORMATION

3.1 Definition

"Your Information" is defined as any information you provide to us or other users in relation to the tvfreelancer.co.za service including the registration process (including, without limitation, any description of services provided), and any other content that you post within the Site. You are solely responsible for Your Information, and tvfreelancer.co.za is a platform for the online distribution and publication of Your Information.

3.2 Restrictions

Your Information and your activities on our Site must not be:

1. false, inaccurate or misleading
2. offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights
3. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
4. fraudulent or involve the hire or sale of counterfeit or stolen items
5. in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising
6. obscene, violent, indecent or contain pornography
7. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
8. link directly or indirectly to or include descriptions of goods or services that you do not have a right to link to or include
9. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information
10. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired

3.3 Showreels

tvfreelancer.co.za is not responsible for verifying that showreels are not infringing the copyright, trade mark or other intellectual property rights of third parties. Third parties can notify us in the event that they believe their intellectual property rights have been infringed, and we may remove such infringing items and/or suspend infringing suppliers.

3.4 Access and Interference

The majority of the information on the Site is updated on a real time basis and is proprietary or is licensed to tvfreelancer.co.za by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. In addition, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of tvfreelancer.co.za and the appropriate third party, as applicable; (3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (4) bypass measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

3.5 Your Information

You must not supply any item through the Site (or complete any transaction initiated using the Site) that, by paying to us the credit fee, could cause us to violate any applicable law.

3.6 Your Use of Other Users' Information

Our service allows bookers to access suppliers contact information so as to enable interaction among tvfreelancer.co.za users. As a supplier you have access to the company name of the booker.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information obtained through the Site you may only use such information for: (a) tvfreelancer.co.za related communications that are not unsolicited commercial messages and relate to your genuine participation in a tvfreelancer.co.za project request, (b) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review the information you have collected about them. Note that law enforcement personnel are given different rights with respect to information they access.

Tvfreelancer.co.za and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a tvfreelancer.co.za employee or a tvfreelancer.co.za registrant, even a booker who has purchased from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.

4. PROJECTS REQUESTS, SUPPLIERS AND QUOTES

4.1 Booker Requests

As a booker, you have no legal obligation to complete a transaction with a supplier.

4.2 Supplier Details

As a supplier, you must ensure that you are legally able to supply each service selected on the Site. Your details must include only text descriptions, graphics, pictures and other content relevant to the supply of the service(s). You are responsible for ensuring that you have the right to use all the content provided in your details and we have the right to host it on our servers.

4.3 Fraud

Without limiting any other remedies, tvfreelancer.co.za may suspend or terminate your account if we suspect that you have engaged in, are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

4.4 Manipulation

You must not manipulate the price of any quotes or interfere with other user's request(s) or quote(s). Without limitation, you must not: (a) quote for a project where you are the booker, or procure or encourage any person to do so on your behalf; (b) create projects or submit quotes using a false User ID.

5. BREACH

Without limiting our other solutions, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your project requests and refuse to provide our services without notice to you if: (a) you breach this User Agreement or the documents incorporated by reference; (b) despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause us financial loss or legal liability.

6. INDEMNITY

You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

7. NO WARRANTY

Although we make every effort, we (and officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services. Operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

8. TRANSFER OF DATA

The protection of users privacy is a very important issue to us. Please note that Your Information will be stored and processed on our computers in the South Africa. The laws on holding personal data in the South Africa may be more stringent than the laws applicable outside of the South Africa and tvfreelancer.co.za will hold and transmit your information in a safe, confidential and secure environment.

If you object to your Information being transferred or used in this way please do not register.

9. LIMITATION OF LIABILITY

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

10. FEES

Registration on tvfreelancer.co.za costs R150 for freelancers and receiving bookers requests by e-mail is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. This is a once off payment and we do not charge a finders fee or take a percentage. However, we may choose to temporarily change our Fees Policy. We may in our sole discretion amend some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Unless otherwise indicated, all credits are payable in South African rands (ZAR). Whether you are a business or not, value added tax and other taxes may apply to your transaction. Suppliers will be responsible for paying all fees associated with using our service and all applicable taxes.

11. NOTICES

Unless otherwise explicitly stated, notices to tvfreelancer.co.za must be sent by registered mail to, tvfreelancer.co.za 12th floor 60 St Georges Mall, Cape Town, South Africa. Notices to you will be sent to the address provided by you to tvfreelancer.co.za during the registration process (receipt is deemed 48 hours after notification is sent).

12. DISPUTE RESOLUTION

Disputes between you and tvfreelancer.co.za regarding our services may be reported to tvfreelancer.co.za by e-mail. We encourage you to report all disputes between users to your local law enforcement body.

13. THIRD PARTY RIGHTS

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

14. GOVERNING LAW AND LEGAL COMPLIANCE

This User Agreement shall be governed by and construed in accordance with South African law and subject to the exclusive jurisdiction of the South African courts.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may differ from South African law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we approve or validate any transaction, even if you have successfully made similar project requests or quotations in the past.

15. GENERAL

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by tvfreelancer.co.za, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and tvfreelancer.co.za are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.