Terms of Service
1. The user and Massage.co.za
1.1 The user’s use of Massage.co.za software, services and web sites is subject to the terms of this legal agreement between the user and Massage.co.za (hereafter referred to as Massage.co.za. This document explains how the agreement is made up, and sets out the terms of that agreement. These terms are in addition to any other terms that the user already has agreed to in applying for any of the Massage.co.za services.
2. Accepting the Terms
2.1 In order to use the services of Massage.co.za, (hereafter referred to as “the services” the user must first agree to these terms. The user may not use the services if the user does not accept the terms.
2.2 The user can accept the terms by:
(A) clicking to accept or agree to the terms, where this option is made available to the user by Massage.co.za in the user interface of any service; or
(B) by actually using the services. In this case, the user understands and agree that Massage.co.za will treat the use of the services as acceptance of the terms from that point onwards.
2.3 The user may not use the services and may not accept the terms if (a) the user is not of a legal age to form a binding contract with Massage.co.za, or (b) the user is a person barred from receiving the services under the laws of South Africa or other countries including the country in which the user are resident or from which the user uses the services.
3. The Terms
3.1 Massage.co.za provides a platform for massage therapists to offer their products, talents, expertise and knowledge. Masaage.co.za do not necessarily support the claim of any product, nor do we agree or disagree with the view or philosophy of any website of any of our participating salons/therapists.
Specific, explicitly defined purpose [13 (1) of Popia]3.2 Massage.co.za collects information for the following specific purpose:
- As South Africa’s highest ranking internet massage business we strive to have the most complete database of active massage therapists in the country and to bring clients to their door and to sell them products they need to provide their service. Massage.co.za is a business totally dedicated to the massage industry.
- In the process of providing these massage therapists with customers we also collect information of South African consumers that might be interested in going for a massage.
Retention and Restriction of records [14 (3) of Popia]3.3 Massage.co.za uses the information collected about customers to decide what recruitment processes to utilize to legally recruit them as customers. As we use this information to make a decision about the customer we will keep the customer information only as long as:
- We have not become aware that the customer no longer provides massage therapy services.
- The customer requests us to remove/delete his/her information.
- The customer may also decide allow us to keep his/her information but to mark his record so that his record is not used for marketing emails or sms’s.
- Massage.co.za will disable customers if the customer does not allow us to send him transactional and upgrade info emails or sms’s.
3.4 The User understands that this website may contain material intended for adult members to utilize and obtain massage services. Massage.co.za has taken measures to ensure only those users that have chosen Adult Content obtains access to such material. Massage.co.za though does not guarantee such measures are 100% effective, and the User accepts same.
3.5 By registering as a Massage.co.za user and by choosing to view the adult pages (if applicable) the user consent that the user is over the age of 18, and that the user does not object to adult material and may view adult materials without violating the legal standards of his/her community.
3.6 The User understands that the therapists on this site are not employed by the owners of this site.
3.7 The User understands that no responsibility is assumed by Massage.co.za for the publication of any Massage Therapists information, including pictures published by Massage Therapists.
3.8 Massage.co.za does not verify the accuracy or truth of any information published by Massage Therapists.
3.9 Whilst Massage.co.za reserves the right to delete or remove content deemed offensive by Massage.co.za, Massage.co.za does not guarantee that offensive material will be removed or deleted. Failure by Massage.co.za to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.
3.10 Massage.co.za will not become involved in any disputes between Users and Massage Therapists/Salon’s and does not provide any arbitration or settlement services should a dispute arise between such users of our system.
3.11 Massage.co.za may change the subscription pricing, options, renewal terms or member services at any time. It is agreed that in such event the applicable price, option or term is that that is applicable at that point in time.
3.12 This service is provided on an "as-is" basis by Massage.co.za without warranty of any kind, either express or implied, including, without limitation, warranties of title and the implied warranties of merchantability and fitness for a particular purpose.
4.1 The User is solely responsible for maintaining the confidentiality of their member name and password (if applicable).
4.2 By using the Massage.co.za site the user hereby indemnify the authors, employees, members and participants of the site against any claims arising from the contents thereof and/or ancillary issues pertaining to this site.
4.3 Please note further that the owner of this site is not responsible for any consequences ensuing from direct or indirect contact with the therapists advertised on this site and the user enter this site entirely at your own risk and discretion.
4.4 The User is responsible for ensuring that his/her interaction with the Massage Therapists/Salon’s as well as the use of the Massage.co.za website is lawful.
4.5 As a condition of your use of Massage.co.za the user agrees that he/she will not:
- Be false or misleading;
- Infringe any third-party right;
- Distribute or contain spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Massage.co.za or the interests or property of Massage.co.za users;
- Impose an unreasonable load on our infrastructure or interfere with the proper working of Massage.co.za;
- Copy, modify, or distribute any other person's content without their consent;
- Use any automated process to access Massage.co.za and collect content for any purpose without Massage.co.za express written permission;
- Collect information about others, including email addresses, without their consent
5.1 Massage.co.za contains content from itself as well as Massage Salon/Therapists. Massage.co.za is protected by copyright laws and international treaties. Content displayed on Massage.co.za website is protected as a collective work and/or compilation. You agree not to copy, distribute or modify content from Massage.co.za without our express written consent. The user may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Massage.co.za. Without limiting the foregoing, the user agrees not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Massage.co.za (other than your own content). When the user gives us content, the user is granting us and representing that he/she has the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
6.1 Nothing in these terms shall limit Massage.co.za liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. The user agrees not to hold Massage.co.za responsible for things other users post or do.
6.2 Massage.co.za does not review therapist profiles or is involved in actual transactions between users. As most of the content on Massage.co.za comes from other users Massage.co.za does not guarantee the accuracy of information or user evaluations or the quality, safety, or legality of what’s offered.
6.3 In no event does Massage.co.za accept liability of any description for the usage 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 offence, give rise to civil liability or otherwise violate any applicable law.
6.4 Massage.co.za cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While Massage.co.za 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.
6.5 Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchant-ability, 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 Massage.co.za, even if the user advise us or we could reasonably foresee the possibility of any such damage occurring.
6.6 Despite the previous paragraph, if we are found to be liable, our liability to the user or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees the user pay to us in the 12 months prior to the action giving rise to liability or (b) 100 South African Rands.
7. Personal Information.
7.1 By using Massage.co.za, the user agree to the collection, transfer, storage and use of your personal information by Massage.co.za on servers located in South Africa or anywhere else where the database of Massage.co.za is situated. The user also agree to receive marketing communications from Massage.co.za unless the user tell us that the user prefer not receive such communications.
8. Resolution of disputes
8.1 In case of a dispute between the user and Massage.co.za, we strongly encourage the user to approach us directly to seek a resolution by contacting is through the addresses as set out in 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.
9.1 These terms and the other policies posted on Massage.co.za constitute the whole agreement between Massage.co.za and the user, except for those users as discussed in the next sentence. In the event of a Free Member, Massage Addict Subscriber or Registered Therapist or - Salon, the agreement reached on registration sets out the agreement between the parties, and takes precedence. In event that agreement is silent on any issue, but it is contained in this agreement, the parties agree that such clauses are also applicable to them.
9.2 To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. The user agrees that any claim or dispute the user may have against Massage.co.za must be resolved by the courts of South Africa. The user and Massage.co.za both agree to submit to the exclusive jurisdiction of the South African Courts.
9.3 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.
9.4 Massage.co.za may update this agreement at any time, with updates taking effect when the user next use this website, or 15 days after Massage.co.za 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 the user and by an authorized representative of Massage.co.za.