Please read the You-asked Terms and Conditions of Use carefully before using our website. Doing so will go a long way to maintaining a harmonious relationship between you, the user and You-asked.

Your access to and use of the You-asked website as the user is subject to the terms and conditions which follow. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE.

 1. THE INFORMATION SERVICE

1.1 The You-asked information service ("the information service")  comprises information and content, which includes but is not limited to articles, advertising services, general news, e-commerce, trading categories, news groups and forums (moderated and un-moderated) provided by You-asked and third parties with whom You-asked has contracted.

1.2 You-asked may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

2. AUTHORITY

2.1 You-asked hereby grants to the user, a personal, non-exclusive, non-assignable and non-transferable right to use and display all content included in the information service on any computer of which the user is the primary user.

3. TERMS OF USE

The user agrees that:

3.1 The use of the information service is at the user's sole risk. Neither You-asked nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers"):

3.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct;

3.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.

3.2 Any free service offered on the You-asked portal is offered at the sole discretion of You-asked.

3.3 The user shall not copy any of the content or software without first obtaining You-asked's consent and You-asked reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.

3.4 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.

3.5 Neither the user nor his designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent of You-asked.

3.6 As a condition of the user's use of the You-asked website, the user warrants to You-asked that he will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorised commercial use of the website, or the resale of its services, is expressly prohibited.

3.7 The user will abide by all applicable local, provincial, national and international laws and regulations and is solely responsible for all acts or omissions that occur under his use of the You-asked website. By way of example, and not as a limitation, he agrees not to:

3.7.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

3.7.2 Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.

3.7.3 Advertise or offer to sell or buy any goods or services for any non-personal purpose unless through the specific portal provided by You-asked for this purpose.

3.7.4 Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

3.7.5 Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.

3.7.6 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a website member, any directory of the website members or other user or usage information or any portion thereof other than in the context of his use of the website as permitted under the Terms and Conditions.

3.7.7 Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.

3.7.8 Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless he owns or controls the rights thereto and/or has received all necessary consents.

3.7.9 Interfere with or disrupt networks connected to the website or violate the regulations, policies or procedures of such networks.

3.7.10 Attempt to gain unauthorised access to the website, other accounts, computer systems or networks connected to the website, through password mining or any other means.

3.7.11 Interfere with another user's use and enjoyment of the website.

3.8 The user shall not add to the information service any material that violates the intellectual property rights of any other person.

3.9 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content:

3.9.1 Which violates or infringes upon the rights of any other user.

3.9.2 Which, under the circumstances and in You-asked's sole discretion, is, or is likely to be perceived by an intended recipient or target as defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed.

3.9.3 Which is unsuitable for children and minors.

3.9.4 Which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons.

3.9.5 Which detrimentally affects the information service or You-asked in any way whatsoever.

3.9.6 Which contains any virus or any other attribute that may cause a corruption of data.

3.9.7 Which, without the approval of You-asked, contains any advertising, promotion or solicitation of goods or services for commercial purposes.

3.10 The You-asked website may produce automated search results or otherwise link the user to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of You-asked and the user acknowledges that You-asked is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such websites. The inclusion of such a link does not imply endorsement of the website by You-asked or any association with its operators.

3.11 You-asked does not make any warranty or representation that information and products advertised on the website are appropriate for use in all jurisdictions. By accessing the website, the user warrants and represents to You-asked that he is legally entitled to do so and to make use of information and services available via the website.

4. DISCLAIMER AND INDEMNITY

4.1 In no event shall You-asked and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if You-asked or any of it's suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the user. If the user is dissatisfied with any portion of the service, or with any of these terms and conditions of use, his sole and exclusive remedy is to discontinue using the website.

4.2 The user agrees to indemnify and hold You-asked, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of the user's use of or conduct on the website or any breach of these terms and conditions by the user.

4.3 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose. You-asked does not warrant that the use or the results of the use of the website or the materials made available as part of the website will be correct, accurate, timely, or otherwise reliable.

4.4 The user acknowledges that You-asked will not be required to edit or review for accuracy or appropriateness, any content within the service.

4.5 You-asked reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

4.6 The user waives any claim which the user may have against You-asked, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.

4.7 The user specifically agrees that You-asked shall not be responsible for unauthorised access to or alteration of the user's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the website. The user specifically agrees that You-asked is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

4.8 Any dealings with service providers (marketing, information or other) on the information service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the user and the Advertiser or other third party. You-asked shall not be responsible or liable for any part of any such dealings or promotions.

4.9 The You-asked website is available on the World Wide Web ("WWW") for any user with access to the WWW to view, "as is" and has not been compiled or designed to meet each user's individual requirements. You-asked will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements.

5. VIEWS EXPRESSED

5.1 The views and opinions expressed on the You-asked website are not necessarily those of You-asked and You-asked cannot be held responsible for such views expressed or such content submitted by third parties.

5.2 You-asked shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the You-asked web site. Without limiting the foregoing, You-asked shall have the right to remove any material that You-asked, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. TERMINATION

6.1 You-asked may terminate access to any part or the entire website and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

7. VERIFICATION

7.1 The user agrees that all instructions, consents, orders and any other communications which purport to originate from him or a person who had authority to act on his behalf in respect of such communication, or an information system programmed by or on his behalf to operate automatically (collectively "the originator") and which are sent to You-asked electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by the user at all, shall be deemed to have been given by the originator in the form actually received by You-asked and the user will be bound by such instruction with no liability of whatever nature attaching to You-asked in regard thereto.

7.2 The user waives any rights he may have or obtain against You-asked arising directly or indirectly from any loss or damage of whatsoever nature which he may suffer as a result of the fact that You-asked acts on his instructions/orders or instructions/orders purported to emanate from the user and he indemnifies You-asked against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by him, arising as a result of the fact that You-asked has acted on his instructions/orders or instructions/orders which purport to emanate from him.

8. MONITORING

8.1 You-asked shall have the right, but not the obligation, to monitor the content of You-asked, including questions and answers, to determine compliance with the Terms and Conditions of Use and any operating rules established by You-asked and to satisfy any law, regulation, legal process or authorised government request.

9. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

9.1 All the contents on the You-asked website, including any and all text, graphics, music, sounds, video, terms, icons, hyperlinks, private information, designs, trademarks, software, data and databases are the intellectual property of You-asked and are protected by local and international law dealing with copyright and intellectual property rights. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of You-asked.

9.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service, grants to You-asked or their assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with You-asked business or the business of You-asked assignees, such software, files, information, communications and other content, regardless of the medium, technology or form utilised by You-asked in the exercise of this grant.

9.3 No person, business or website may frame the You-asked website or any of the pages on the website in any way whatsoever without the permission in writing of You-asked.

10. EXTERNAL LINKS

10.1 External links may be provided for the user's convenience, but they are beyond the control of You-asked and no representation is made as to their content. Use or reliance on any external links provided is at the user's own risk. When visiting external links the user must refer to that external link's Terms and Conditions of Use. No hypertext links shall be created from any website controlled by the user or otherwise to this website without the express prior written permission of You-asked.

11. SECURITY AND UNLAWFUL USE

11.1 Any legal person that delivers or attempts to deliver any damaging code to the You-asked website, to gain unauthorised access to any page on the website, to tamper with any of the contents or pages that constitutes the website or duplicate such pages or content without the express permission of You-asked shall be prosecuted to the full extent of the law, and civil damages may be claimed in the event that You-asked suffers any damage or loss as a result of such actions.

11.2 The user may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").

11.3 Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. You-asked will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

11.3.1 Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of You-asked.

11.3.2 Unauthorised monitoring of data or traffic on the network or systems without express authorisation of You-asked.

11.3.3 Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

11.3.4 Forging of any TCP-IP packet header (spoofing) or any part of the header information in an e-mail or a newsgroup posting.

11.3.5 Use of the website to make fraudulent offers to sell or buy products, items or services, or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".

12. PRIVACY

12.1 All personal information obtained by You-asked by virtue of the user's use of this website is protected as set out in the You-asked Privacy policy.

12.2 You-asked will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity and to maintain and use internally such information and records.

12.3 You-asked may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.

12.4 The user acknowledges:

12.4.1 That communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes.

12.4.2 That advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.

12.4.3 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by You-asked.

13. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT OF 2002 ("ECT ACT").

In compliance with section 43(1) of the ECT Act, please note the following:

13.1 Full name :                     You-asked (Pty) Ltd;

13.2 Postal address :           P O Box 2776, Fourways 2055;

13.3 Telefax number :           +27 11 467 5756;

13.4 Telephone number :     + 27 11 467 9713;

13.5 Website address :        http://www.you-asked.com

13.6 E-mail address :           info@you-asked.com;

13.7 Registered address :   Suite 7, Denavo House, 15 York Street , Kensington B

Randburg. South Africa

14. ADDRESS FOR SERVICE

14.1 The address for service for all purposes relating to these terms and conditions of use is the address set out in 13.7.

14.2 You-asked shall be entitled from time to time to vary any of its address or other contact details.

15. GENERAL

15.1 You-asked shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions.

15.2 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.

16. FORCE MAJEURE

16.1 You-asked shall not be held responsible for any failure on the website, the cause of which is as a result of industrial action, flood, fire, riots, civil disturbance, communications failure, routine maintenance work, conditions where errant software code or viruses within applications, services or operating systems adversely effects normal server operation or for any other reason, beyond the reasonable control of You-asked.

17. GOVERNING LAW AND JURISDICTION

17.1 At the sole discretion of You-Asked Solutions Ltd, a legal entity incorporated in terms of the laws of the England and Wales, the Terms and Conditions of Use contained here-in will be governed either by the laws of England and Wales or by the laws in the jurisdiction from which the user is operating.

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