- The Company
The Service Monkey (Pty) Ltd (otherwise referred to as “Service Monkey”, “our”, “us” or “we”) is a Website that offers to visitors and users (otherwise referred to as “you”) the benefits of our Website’s capacity to have recommended services for, amongst others, home maintenance and improvement businesses at your fingertips. Services as well as user’s reviews are provided from the likes of electricians, plumbers, pavers, interior designers, home maintenance and many other home improvement services.
The benefits of this Website is offered to you conditional upon your acceptance without modification of any of the terms, conditions, and notices set out below (collectively, the “Agreement”).
All natural and juristic persons accessing our Website are bound to the Agreement which is valid, binding and enforceable. By entering our Website, you confirm that you have read and consent to the Agreement in making use of the applications and services provided by us.
In order not to be bound by this Agreement you would need to immediately exit the Website and not make any further use of the applications and services offered by our Website as further use will bind you to the Agreement.
- Amendments to the Agreement:
We reserve the right to vary of modify this Agreement. We will note the date that revisions were last made on the bottom of the page, and any subsequent revisions will take effect 14 (fourteen) days after date of posting. We will notify you of material changes to this Agreement by placing a notice on our Website.
- Website Usage:
4.1 Minor’s Usage:
Our Website is a general audience Website and is not directed to persons under the age of 13 (thirteen). Any personal information entered on our Website by a user identified as being under the age of 13 (thirteen) shall be deleted as soon as reasonably possible.
4.2 General Usage:
We retain the right to deny access to any natural or juristic person onto the Website for any reason, including but not limited to breach of this Agreement at our sole discretion.
The Website does not require any payment by you in terms of this Agreement. Our Website contains links to third party service provider’s Websites which are owned and operated independently of ours.
We recommend that you to read the terms and conditions of the third party service provider’s Website regarding fee structuring, as they may charge fees, unlike our Website. We are in no way responsible for the content or services provided by third party Websites.
Should details of fees and charges be displayed on our Website, they are solely provided for ease of reference and informational purposes. We do not warrant that such information is a correct reflection of current market price listing of services and products provided by others.
4.3 Users Usage:
You the user warrant that you are 13 (thirteen) years of age or older in order to use the services and applications on our Website and that you possess the legal authority to enter into this Agreement.
If you are entering our Website on behalf of another person in order to use the services and applications on offer, consent of the third party must be obtained by you prior to you providing such information on our Website as certain personal information would need to be provided.
You warrant that the information provided by you or on behalf of the third party is true, current and complete.
- Prohibited Activities:
All information provided on our Website including but not limited to text, graphics, icons, software, code as well as the infrastructure used to provide such information, services and applications to you is exclusive to us. Prior written consent is required in order to redistribute, replicate, copy or transmit any part of our Website.
The copying, transmission, display, modification, publication, reproduction, , or sale of information, software or services obtained from our Website is strictly prohibited. The use of “framing” or “mirroring” by incorporating any aspect of our Website into another as well as deep-linking any portion of our Website for any purpose without our express prior written consent is prohibited.
The bypassing or circumvention methods used to restrict or limit access to our Website or the unreasonable or disproportionately large loading on our Network to limit or prevent User’s access to our Website is prohibited. Furthermore the modification, translation, adaptation, decompiling, disassembling or reverse engineering of any software used by us on our Website is strictly prohibited.
- Posting and Reviews:
Reviews by you the User are fundamental to providing references for our service providers and their quality of work. By posting or emailing reviews and information to our Website such as comments, suggestions and ideas (otherwise known as “review/s”), you grant a nonexclusive, royalty free, transferable, perpetual and fully sub-licensable right to us to use same freely.
Your review may be used, reproduced, modified, adapted, translated, distributed, published and publicised throughout the world in any media, now known or hereafter devised, for any purpose. You acknowledge that we may use your name provided on our Website when using your review posted on our Website.
You further acknowledge that the reviews are not confidential and not exclusive to you and grant us the right to, in our discretion legally pursue any natural or juristic person who violates these rights.
We are in no way liable for any reviews posted on our Website as we in no way control the reviews posted on the Website. We reserve the right for any reason and in our sole discretion to remove without notice any reviews posted or part thereof.
By entering our Website you expressly agree not to post, upload, transmit, distribute or otherwise publish on our Website private information of any third party including but not limited to identity numbers, addresses, full names and credit card numbers.
Reviews may not contain information that infringes upon any intellectual property, copyright, trademark rights or information that impersonates any third party or entity or misrepresents your affiliation thereto.
Information pertaining to criminal offences, illegal activities or which violates anyone’s Constitutional rights or privacy within the Republic of South Africa and abroad is prohibited from being posted on our Website.
Offensive material or information which is posted to incite bigotry, physical harm, violence, racism, defamation, abuse, harassment, is suggestive or otherwise objectionable is strictly prohibited from being posted on our Website.
Unsolicited promotions such as, but not limited to, mass mailing and commercial activities such as pyramid schemes are strictly prohibited from being posted on our Website.
Information or links to third party Websites that in our sole discretion violate any of the above stated prohibitions or restricts other users and visitors from the use and enjoyment of our services and applications is prohibited.
We do not take any responsibility and assume no liability for any information or reviews posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for, without limitation, any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
We are not liable for any statements, representations or content provided by Users in any public forum, personal home page or other interactive area. We have no obligation to screen, edit or monitor any of the content posted or distributed.
We reserve the right and have absolute discretion to remove, screen, translate or edit without notice any reviews posted or stored on our Website at any time and for any reason, or to have such actions performed by third parties on our behalf, and you are solely responsible for creating backup copies of and replacing any content you post or store on this Website at your sole cost and expense.
Any use of the Website in violation of the terms of this Agreement may result in, among other things, termination or suspension of your rights to use this Website.
As a user of this Website, you understand and agree that we will have no liability to you or others for any unauthorised use of your password that could incur liability to both us and other users, and you indemnify us fully in this regard.
- Third party suppliers:
You may review and endorse any services covered by the Website based on your experiences, however we will not ourselves endorse or recommend the services of third party suppliers. You agree that we are not responsible for the accuracy or completeness of information we obtain from third party suppliers and display on our Website.
By booking a service/appointment with a third party supplier, you agree to review and be bound by the supplier’s terms and conditions of purchase and sale, as well as that Website’s own terms and conditions, Private Policy, and any other rule or policy related to the supplier.
You agree to defend and indemnify us and our associates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature brought by third parties as a result of your breach of this Agreement or the documents referred to herein, your violation of any law or the right of a third party, and your use of this Website.
- Copyright and Trademark notices:
Our proprietary and intellectual property rights in respect of all content on the Website are reserved. The Service Monkey is not responsible for content on Websites operated by third parties.
Subject to the provisions of clause 2 above, we may amend this Agreement or any portion thereof in our sole discretion where we deem it necessary for legal or technical purposes, or due to changes in the services provided or layout of the Website. You expressly agree to be bound by any such amendments to the Agreement.
We may change, suspend or discontinue any aspect of our Website at any time, including availability of any feature, database or content. We may restrict access to all or part of the Website or part thereof without notice or liability for technical or security reasons.
If in our sole discretion it is found that you are in breach of any provision of this Agreement or any law in the Republic of South Africa we may discontinue providing the services and applications on our Website to you.
Your continued use of our Website following the posting of any notice of amendment will indicate acceptance by you of such modification to the Agreement.
The Website is operated by a South African entity and the laws of the Republic of South Africa govern this Agreement. You hereby consent to the exclusive Jurisdiction of the Magistrates Court for all disputes arising out of or relating to the use of the Website.
- General Provisions:
If any part of this Agreement is determined to be invalid or unenforceable pursuant to the law the invalid or unenforceable provision will be deemed separate and struck from the Agreement, which shall not affect the validity of the other clauses in the Agreement or the Agreement as a whole.
Our performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement limits our rights to comply therewith.
The Agreement and any other documents, terms and conditions referred herein constitute the entire Agreement between you and us with respect to the Website.
- Dissatisfaction of Content:
If you have any complaints or objections to material or content, including User Messages posted on the Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately. We can only improve the quality and content of the Website with the considered and critical input of Users.