Terms & Conditions (User Agreement)

Welcome to www.townpostafrica.com ("Town Post Africa"). These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services"). All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. 

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately.

Using Town Post Africa Services. You will post in the appropriate category or area and will not do any of the following bad things:

  • violate any laws;
  • 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 Town Post Africa or the interests or property of Town Post Africa users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Town Post Africa;
  • copy, modify, or distribute any other person's content;
  • use any robot, spider, scraper or other automated means to access Town Post Africa and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Town Post Africa.

Abusing Town Post Africa Services.  We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Town Post Africa if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Town Post Africa or not, we do not accept any liability for monitoring Town Post Africa or for unauthorized or unlawful content on Town Post Africa or use of Town Post Africa by users.

Global Marketplace. Some of Town Post Africa's features may display your ad on other sites. By using Town Post Africa Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services. Town Post Africa may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).  

You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on Town Post Africa. 

Content. Town Post Africa Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Town Post Africa Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Disclaimers and Limitations of Liability. The Town Post Africa Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal (each a “Third Party Payment Processor”.  For greater certainty, as applicable, if you link a Third Party Payment Processor account to your Town Post Africa Account, you acknowledge and agree that by making payments through Town Post Africa with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the Town Post Africa Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, 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 Town Post Africa, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you 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 you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars.

Indemnification. You will indemnify and hold harmless Town Post Africa and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Town Post Africa Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.
 
Personal Information. By using Town Post Africa Services, you agree to the collection, transfer, storage and use of your personal information by Town Post Africa (the "data controller") on servers located in the Canada, United States, Africa and in the European Union. 

General. These terms and the other policies posted on Town Post Africa Services constitute the entire agreement between us and you, superseding any prior agreements. 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. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice).

We will send notices to you via the email address you provide or courier. Notices sent by courier will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Town Post Africa.

Mobile Devices Terms
If you're accessing Town Post Africa Services from a mobile device using a Town Post Africa Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Town Post Africa grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.townpostafrica.com website.  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Town Post Africa owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Town Post Africa's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Town Post Africa Application.

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Terms of Use are an agreement between you and Town Post Africa, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. Town Post Africa grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.