Terms & Conditions

Terms of Service

The Freelance Garden Route terms of service include the following sections:

  1. Overview
  2. General Conditions
  3. Freelance Garden Route Membership Policy
  4. Prohibited Uses
  5. Disclaimer of Warranties
  6. Termination
  7. Privacy Notice
  8. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002

1. Overview

The Freelance Garden Route Terms of Services describe when and the conditions under which you are allowed to access or use the Site. Please read these Site Terms of Service carefully before visiting our Site. If you do not agree to these Site Terms of Services, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. General Conditions

By registering for an account to use the Site or Site Services, by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Freelance Garden Route reserves the right to decline a registration to join Freelance Garden Route or to add an Account type as a Client or Freelancer, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Freelance Garden Route Membership Policy

User Content

When you post User Content on the Site or through the Site Services or provide Freelance Garden Route with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.

You acknowledge and agree that the poster of User Content, and not Freelance Garden Route, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.

You will indemnify, defend, and hold harmless Freelance Garden Route, our Affiliates, and our respective directors, officers, employees, representatives, and agents from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.

You retain all ownership rights in any User Content you post on Freelance Garden Route. To the extent permitted by applicable law, you also grant to Freelance Garden Route and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Freelance Garden Route, our successors’ and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.

Accuracy of Billing & Account Information

You agree to provide current, complete and accurate purchase and account information for all payments made through our payment gateway. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

4. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  • for misrepresenting your experiences, skills, portfolio, or representing another person’s profile or parts of another person’s profile as your own;
  • falsely stating or implying a relationship with Freelance Garden Route or with another company with whom you do not have a relationship;
  • posting identifying information concerning another person;
  • directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Freelance Garden Route to recruit Freelancers and/or Clients to join an Agency or another website or company;

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

5. Disclaimer of Warranties

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Freelance Garden Route, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

6. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

7. Privacy Notice

Purpose of Collection of Personal Information

Freelance Garden Route processes your Personal Information when you register on this Website and/or subscribe to the Service. You agree that you have given your Personal Information voluntarily and that Freelance Garden Route may process it.

Freelance Garden Route will process the Personal Information until you terminate your Account.

Freelance Garden Route uses your Personal Information:

  • To provide the Service;
  • To communicate with you;
  • For internal record keeping.

The privacy of your Personal Information

We will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law to do so.

Use of cookies

The Website uses encrypted cookies to identify you when you log in to your Account. Cookies cannot steal information from you, they can only remember information that you voluntarily share with the Website. You may disable the use of cookies in your browser.

Retention of Records

You authorize Freelance Garden Route to retain records of Personal Information that you have provided to it.

You may update your Personal Information at any time through the Website.

Freelance Garden Route will remove your Personal Information when you cancel the Service and your Personal Information will be deleted and will no longer be accessible through its systems.

Information Quality

It is your sole responsibility to provide accurate Personal Information to Freelance Garden Route and update it on the Website if it is inaccurate.

To ensure that your Personal Information is complete, accurate and up to date, the Service may occasionally request in our newsletter that you review your Personal Information on record.

Openness

Provision of your Personal Information is voluntary but incomplete and inaccurate Personal Information may lead to not being able to fully use the Service.

Security Safeguards

The Service is hosted at reputable hosting companies that implement proper information security principles to secure the confidentiality, integrity and availability of the Personal Information in its database against loss, damage, destruction and unlawfulness disclosure. Specifically, the Website is secured with 256-bit encryption through an SSL certificate.

Individual Participation

You may request Freelance Garden Route for access to any Personal Information in its possession, but Freelance Garden Route must authenticate you before giving out any Personal Information. It will do this through a series of security questions.

Changes to this Privacy Policy

Freelance Garden Route may change this Privacy Policy at its sole discretion and without notice to you.

8. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002

Full name and legal status of the Website Service Owner:
Kurious Tech (Pty) Ltd, a registered company in terms of the laws of the Republic of South Africa.

Website address and email address:
www.freelancegardenroute.co.za and info@freelancegardenroute.co.za

Physical address and telephone number where services are rendered:
Unit 15C Fairview Office Park, co Couretnay & 1st Streets, Eastern Ext, George, 6529. Tel: +27 44 873 5787

Postal Address:
21 Octavius Lane, King George Park, George, South Africa, 6529

Membership of any self-regulatory or accreditation bodies to which the Website Service Owner subscribes and its contact details:
Not applicable

Any code of conduct to which the Website subscribes:
Not applicable.

Registration number, VAT number, names directors and the place of registration of the Website Owner:
2021/487307/07; VAT No: 4530303512; Neall Allan Siems, Ryan Ray Siems, Ettean Smit, Casper De Waal; South Africa.

Description of the main characteristics of the Service offered by the supplier:
Freelance Garden Route is a web-based service that will provide marketing services to freelancers and small businesses in the Garden Route.

The minimum duration of the agreement:
One month and this Term automatically renews monthly until cancelled by you or Freelance Garden Route.

Manner of payment:
Freelance Garden Route accepts credit or cheque card payments. All credit or cheque card transactions are done using a secure payment gateway. We do not capture or store any of your credit or cheque card details.

Time within which services will be rendered:
Unless otherwise agreed, the access to the Service will start when Freelance Garden Route has received the first payment due upon registration.

Record of the Transaction:
Freelance Garden Route will send you an invoice after processing your payment.

Physical Address where Freelance Garden Route will accept legal service of documents:
21 Octavius Lane, King George Park, George, South Africa, 6529