NOTE: "nextstopsa.com" refers to (and is the same as) the linked websites listed below: 2010-sa.co.za; nextstopsa.co.za; nextstopsouthafrica.co.za; nextstopsouthafrica.com INTERPRETATION a. "user" - a person who uses and/or accesses computer Software and/or material via the nextstopsa.com site: b. "2010-sa.com" ; "nextstopsa.co.za" ; "nextstopsouthafrica.co.za"; "nextstopsa.com" - www.2010-sa.com c. "Software" - Including, but not limited to any images or files incorporated in or generated by the software or data accompanying such software. d. "material" - Including, but not limited to : text, submissions, images, audio and/or video in whole or in part; e. "content" - Included, but not limited to software and material; f. "submissions" - Including, but not limited to notes, images, ideas, suggestions, any data, questions and other information submitted in the nextstopsa.com site via transmission by electronic mail or otherwise. g. "forum" - Including, but not limited to bulletin boards, chat rooms and other public areas found on the nextstopsa.com site. In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, and reference to gender shall also include the opposite gender and any reference to a natural person, shall include legal person and vice versa. 1. ACCESS AND AVAILABILITY OF SERVICE AND LINKS The nextstopsa.com site contains links to other related World Wide Web Internet Sites. No interference can be made or representation implied that nextstopsa.com is connected with, operates or controls these linked web site. Whether or not these linked sites are in fact affiliated with the nextstopsa.com site, the nextstopsa.com site is not responsible for the content on the aforesaid sites. The linked sites are for the users convenience only and the user access thereto is at the users own risk. When visiting linked sites the user must refer to that linked site's individual terms of use and can not rely on the terms of this agreement. 2. SUBMISSIONS OF DATA FOR LISTING Any submissions shall be deemed to be and remain the exclusive property of the nextstopsa.com. The various listings, which are found on the nextstopsa.com site, shall be deemed to remain the exclusive property of the nextstopsa.com. The nextstopsa.com site has the right, but not the obligation to monitor and review submissions by users for listings on the nextstopsa.com directory. nextstopsa.com shall not be responsible for any content of these listings. nextstopsa.com further reserves the right to reject submissions that the nextstopsa.com site, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable. 3. RULES OF CONDUCT FOR THE USER " The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the nextstopsa.com site that; " Use any of the listings for illegal purposes; " Are for purpose of spamming; " Restrict or inhibit any other user from using and enjoying the site; " Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law; " Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of content to the nextstopsa.com site through the electronic form mailers or other avenue, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to the nextstopsa.com site that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted; " Contains viruses or other harmful content. The user agrees that all submissions and listings become the exclusive property of the nextstopsa.com site. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other propriety rights or any other damages resulting from such a submission or listing. The user further indemnifies and holds the nextstopsa.com site harmless against all claims for any damages whatsoever arising from the use of the nextstopsa.com site. 4. DAMAGES, WARRANTY, INDEMNITY " The user expressly agrees that the use of the nextstopsa.com site is at the user's sole risk. The nextstopsa.com site does not guarantee or warranty; " that the nextstopsa.com site will be uninterrupted; " that the nextstopsa.com site will be default free and that the defects will be corrected; " that the results may be obtained for the use or application from information gained from the nextstopsa.com site in so far as accuracy and content of any such information is concerned; " that the servers that make the content available are free from viruses and other harmful content; " any merchandise provided through the nextstopsa.com site. This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. The user acknowledges and confirms the nextstopsa.com indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages arising from the use of or inability to use the nextstopsa.com site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the nextstopsa.com site. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of data or of profits, whether in breach of contract, tortuous action, negligence, or under any other cause of action. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. 5. GENERAL This agreement, the terms, conditions and operating rules for the nextstopsa.com site, constitutes the entire agreement between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. Any dispute arising here shall be exclusively subject to the jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section headings used herein are for convenience only and shall be of no legal consequence. The nextstopsa.com site might at any time revise these terms and conditions by updating the positions. The user is bound by such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to which the user is bound. The nextstopsa.com site shall have the exclusive right to at any time change or discontinue any aspect or feature of the nextstopsa.com site. 7. AGREEMENT TO AND TERMINATION OF AGREEMENT The use of or access to this site constitutes the users acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or access to the nextstopsa.com site. If the user does not accept all the terms and conditions in full, the user must exit the site immediately. nextstopsa.com has the exclusive discretion to terminate the agreement at any time. After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof. In the event of the user failing to exit the site as aforesaid, nextstopsa.com has the right to claim any indirect, direct, incidental, special or punitive damages caused to nextstopsa.com for the users unauthorized access and/or use of the nextstopsa.com site. The user further indemnifies nextstopsa.com against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the site. 8. INDEMNIFICATION You hereby agree to indemnify, defend and hold NextStopSA.com and all of our officers, directors, owners, employees, agents, information providers, affiliates and partners, harmless from and against any and all liability, losses, costs, and expenses with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: 1. Your use of our sites; 2. The content, the quality, or the performance of content that you submit to our sites; 3. Your connection to our sites; 4. Violation of copyright and trade marks 9. DOWNLOADING We disclaim any responsibility for the deletion, the failure to store and the misdelivery of information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material from our sites. WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM. USE OF TRADE MARKS AND PROPRIETARY LOGOS IS STRICKLY PROHIBITED AND DOING SO IS DONE AT THE USER’S OWN RISK AND NO RESPONSIBILITY WILL BE TAKEN BY NEXTSTOPSA.COM OR ITS PARENT COMPANY IN THE CASE OF ANY LEGAL ACTION OR ANY OTHER CONSEQUENCES THAT THE USER MAY SUFFER.