Terms and Conditions

www.yellowfish.co.za – Effective 01 September 2017

(PLEASE READ THE WEBSITE TERMS AND CONDITIONS OF USE BEFORE CONTINUING TO BROWSE THE WEBSITE)

THE USE OF THIS WEBSITE IS GOVERNED BY THE TERMS AND CONDITIONS STIPULATED BELOW. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, INCLUDING ANY PRIVACY STATEMENTS (WHICH ARE DEEMED TO BE INCORPORATED IN THE TERMS AND CONDITIONS) THAT APPEAR ON THIS WEBSITE INCLUDING ANY AMENDMENTS THERETO.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY CEASE BROWSING THIS WEBSITE.

1. Definitions and Interpretation

1.1. “www.yellowfish.co.za” means the “website”.

1.2. “You” or the “user” means any person who accesses this Website for any purpose.

1.3. “Website” means the website of YELLOWFISH SOUTH AFRICA PTY LTD at URL www.yellowfish.co.za or such other URL as YELLOWFISH SOUTH AFRICA PTY LTD may choose from time to time.

2. Use Subject to these Terms and Conditions

2.1. Your access, browsing and use of this website is governed by these terms and conditions. By accessing and browsing this website you agree that you will be bound by these terms and conditions from the time when you first access this Website and to any amended terms and conditions from the first time that you access the Website subsequent to amended terms and conditions becoming effective.

2.2. If you do not agree to these terms and conditions, you must immediately cease your browsing of this website.

2.3. These terms and conditions include the YELLOWFISH SOUTH AFRICA PTY LTD Privacy Statement, governing the YELLOWFISH SOUTH AFRICA PTY LTD processing of any personal information which may be provided to it through the use of this website. The YELLOWFISH SOUTH AFRICA PTY LTD Privacy Statement may be accessed and read below.

2.4. Due to legal and other developments, YELLOWFISH SOUTH AFRICA PTY LTD may amend these Terms and Conditions. The version of the terms and conditions effective for this website is indicated by the effective date incorporated in the title of these Website Terms and Conditions. It is your duty to remain appraised of the current version of these Website Terms and Conditions. The date indicated in the heading of these Website Terms and Conditions is the effective date that governs the browsing and use of this website from that date until the next revision of these Website Terms and Conditions becomes effective.

2.5. By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended terms and conditions.

3. Content

3.1. All information accessed or browsed using this website is provided “as is”.

3.2. While YELLOWFISH SOUTH AFRICA PTY LTD shall endeavour to ensure that all material published on the website is accurate at the time of its publication, it gives no warrantees as to the accuracy of the information. Your use of the information is entirely at your own risk and no liability will arise against YELLOWFISH SOUTH AFRICA PTY LTD resulting from your browsing the website or using the information provided on the website.

3.3. YELLOWFISH SOUTH AFRICA PTY LTD does not warrant that this website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by YELLOWFISH SOUTH AFRICA PTY LTD will continue to operate, will operate without interruptions or will be error free or that it will be free of any software virus or other harmful component.

3.4. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.

4. Third Party Sites

4.1. The website contains hyperlinks to websites owned and / or operated by third parties. YELLOWFISH SOUTH AFRICA PTY LTD is not responsible for the content of such websites, and does not endorse or approve the contents thereof. The fact that a website is linked to this website does not imply that the YELLOWFISH SOUTH AFRICA PTY LTD sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website. Consequently YELLOWFISH SOUTH AFRICA PTY LTD is not liable for the operation and content of any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by YELLOWFISH SOUTH AFRICA PTY LTD).

5. Intellectual Property

5.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by YELLOWFISH SOUTH AFRICA PTY LTD, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by YELLOWFISH SOUTH AFRICA PTY LTD or any other party.

5.2. The contents of this website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of YELLOWFISH SOUTH AFRICA PTY LTD. However, YELLOWFISH SOUTH AFRICA PTY LTD permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on this website provided that:

5.2.1. this is for your personal education;

5.2.2. you do not modify the content of this material;

5.2.3. This website is the acknowledged source and

5.2.4. this permission may be revoked at any time by YELLOWFISH SOUTH AFRICA PTY LTD.

5.3. No other use of this website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, without the prior written consent of the YELLOWFISH SOUTH AFRICA PTY LTD. Enquiries in this regard may be made to info@yellowfish.co.za

6. Linking, Framing and Crawling

6.1. The prior written authority of YELLOWFISH SOUTH AFRICA PTY LTD is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for authority can be emailed to info@yellowfish.co.za

6.2. Permission to link to this website will be granted strictly without the assumption of any liability on the part of YELLOWFISH SOUTH AFRICA PTY LTD. YELLOWFISH SOUTH AFRICA PTY LTD reserves the right to withdraw permission granted to link to this Website at any time in the entire discretion of the YELLOWFISH SOUTH AFRICA PTY LTD Information Officer.

6.3. The prior written authority of YELLOWFISH SOUTH AFRICA PTY LTD, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for authority can be emailed to info@yellowfish.co.za

6.4. Save for the use of bona fide search engine and the search facility provided on the website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of YELLOWFISH SOUTH AFRICA PTY LTD. Any attempt to do so, whether successful or not, is an offence as contemplated in 7.1.

7. Security

7.1. Any person who in any manner interferes with the data or information displayed on this website in any way which causes it to be modified, destroyed or otherwise rendered ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offence.

7.2. Any person who in any manner interferes with any third party’s access to this website or denies access to the website, whether partial or absolute, is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.

7.3. Any attempt to commit or aid and abet someone in the commission of the offences referred to in 7.1 and7.2 is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.

7.4. YELLOWFISH SOUTH AFRICA PTY LTD will, as it may be advised, cause the prosecution of any person who is guilty of an offence described in 7.1 and 7.2.

7.5. YELLOWFISH SOUTH AFRICA PTY LTD will, as it may be advised, institute appropriate action to obtain relief against the perpetrator of the actions contemplated in 7.1, 7.2 and 7.3, with a view to recovering any damages that it may suffer and to protect YELLOWFISH SOUTH AFRICA PTY LTD website against defacement, unauthorised amendment of content and disruption of the use of the website.

7.6. While YELLOWFISH SOUTH AFRICA PTY LTD will take appropriate security precautions to protect the website against abuse by third parties, by accessing and browsing this website you accept that no liability will lie against YELLOWFISH SOUTH AFRICA PTY LTD for any damages caused to you by the malicious interference with the operation of this website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the website.

8. Personal Information

8.1. The processing of all personal information by YELLOWFISH SOUTH AFRICA PTY LTD is governed by the YELLOWFISH SOUTH AFRICA PTY LTD Privacy Policy.

8.2. Any personal information which may be provided to YELLOWFISH SOUTH AFRICA PTY LTD through this Website will be processed in accordance with the Protection of Personal Information Act 4 of 2013. Details of the processing of personal information are contained in the YELLOWFISH SOUTH AFRICA PTY LTD Privacy Policy. The processing of personal information which may be collected through interactive communications facilitated by this website, are subject to the Privacy Statement published on this website.

9. Disclaimer and Indemnity

9.1. YELLOWFISH SOUTH AFRICA PTY LTD expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned by your accessing and browsing of the website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors (whether typographical or otherwise), omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and YELLOWFISH SOUTH AFRICA PTY LTD had been advised of the possibility of the loss occurring.

9.2. You agree to indemnify and hold harmless YELLOWFISH SOUTH AFRICA PTY LTD, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the your use of or access, browsing or use of this website.

10. Jurisdiction

10.1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and YELLOWFISH SOUTH AFRICA PTY LTD both agree to submit any dispute arising out of the use of this website to the exclusive jurisdiction of the courts of the Republic of South Africa.

11. General

11.1. These terms and conditions record the entire agreement between you and YELLOWFISH SOUTH AFRICA PTY LTD in respect of your access, browsing and use of the website.

11.2. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the
remaining provisions which will remain in full force and effect.

11.3. YELLOWFISH SOUTH AFRICA PTY LTD omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by YELLOWFISH SOUTH AFRICA PTY LTD in writing.

11.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non operational, will not play a role in determination of the validity and interpretation of these terms and conditions.

Code of Conduct 

  • Should you wish to sell a product please note all advertised items must be accompanied with a price, except when on auction.
  • No “make me an offer” ads will be allowed.
  • All communications to take place via email or phone if possible.
  • Should you be a business with a list of items that you want to advertise, please make sure that you discuss the list of prices via inbox and not on the page.
  • Advertisers must specify how they want to be contacted using the following, Cellphone or email or inbox.
  • No negative comments regarding products or negative discussion will be tolerated. We focus on selling and barter of products, distribution of information or job seekers.
  • No advertising on another advertisers chat space will be tolerated.
  • No advertising regarding services that include mediums, tarot card readings or any related topics will be tolerated.
  • No prose, poems or any other day reading of a personal matter will be tolerated.
  • No pyramid schemes of any related “from home advertising” will be allowed.
  • No Donation ads allowed. Only Wanted ads will be allowed.
  • No ads regarding the re-selling of concert tickets or any related tickets are allowed to be sold on this site. The re-selling of such tickers are illegal and are only to be sold by the organizers or related parties.
  • Should you suspect any illegal or unlawful activities from any ad or person, any stolen property or fraudulent activity please contact us immediately. Please do not publish such information on this board.
  • The management of this group cannot be held liable under any circumstances for the products, livestock or any service from anyone that is for sale or for barter.

Privacy Policy

www.yellowfish.co.za Privacy Statement
Effective 01 September 2017

THIS PRIVACY STATEMENT FORMS PART OF THE YELLOWFISH SOUTH AFRICA PTY LTD WEBSITE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY STATEMENT, YOU
MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.

  1. Definitions and Interpretation

1.1. “www.yellowfish.co.za” means the website.

1.2. “Personal Information” means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.

1.3. “Processing” means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.

1.4. “You” or the “user” means any person who accesses and browses this website for any purpose.

1.5. “Website” means the website of the YELLOWFISH SOUTH AFRICA PTY LTD at URL www.yellowfish.co.za or such other URL as the YELLOWFISH SOUTH AFRICA PTY LTD may choose from time to time.

  1. Status and Amendments

2.1. YELLOWFISH SOUTH AFRICA PTY LTD respects your privacy. This privacy policy statement sets out the YELLOWFISH SOUTH AFRICA PTY LTD information gathering and dissemination practices in respect of the Website.

2.2. This Privacy Policy governs the processing of personal information provided to YELLOWFISH SOUTH AFRICA PTY LTD through your use of the Website.

2.3. Please note that, due to legal and other developments, YELLOWFISH SOUTH AFRICA PTY LTD may amend these terms and conditions from time to time. The version of the terms and conditions effective for this Privacy Policy are indicated by the effective date incorporated in the title of this Privacy Policy. It is your duty to remain appraised of the current version of this Privacy Policy. The date indicated in the heading of this Privacy Policy is the effective date that governs the browsing and use of this Privacy Policy from that date until the next revision of this Privacy Policy becomes effective.

2.4. By continuing to browse or use this Privacy Statement after a revised Privacy Policy becomes effective constitutes your agreement to observe this Privacy Policy as may be revised.

  1. Processing of Personal Information

3.1. By providing your personal information to YELLOWFISH SOUTH AFRICA PTY LTD you acknowledge that it has been collected directly from you and consent to its processing by the YELLOWFISH SOUTH AFRICA PTY LTD.

3.2. Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through completing any online form) the following principles are observed in the processing of that information:

3.2.1. The YELLOWFISH SOUTH AFRICA PTY LTD will only collect personal information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is
collected will be apparent from the context in which it is requested.

3.2.2. The YELLOWFISH SOUTH AFRICA PTY LTD will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.

3.2.3. Personal information will only be processed for a purpose compatible with that for which it was collected, unless you have agreed to an alternative purpose in writing
or the YELLOWFISH SOUTH AFRICA PTY LTD is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.

3.2.4. The YELLOWFISH SOUTH AFRICA PTY LTD will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on
which it was last used.

3.2.5. The YELLOWFISH SOUTH AFRICA PTY LTD will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or the YELLOWFISH SOUTH AFRICA PTY LTD is required to do so by
law.

3.2.6. If personal information is released with your consent the LSSA will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.

3.2.7. The YELLOWFISH SOUTH AFRICA PTY LTD will destroy or delete any personal information that is no longer needed by the YELLOWFISH SOUTH AFRICA PTY LTD for the purpose it was initially collected, or subsequently processed.

3.3. Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, YELLOWFISH SOUTH AFRICA PTY LTD may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.

  1. Collection of anonymous data

4.1. The YELLOWFISH SOUTH AFRICA PTY LTD may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows the YELLOWFISH SOUTH AFRICA PTY LTD to collect statistics.

4.2. The YELLOWFISH SOUTH AFRICA PTY LTD may utilise temporary or session cookies to keep track of users’ browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.

4.2.1. Cookies by themselves will not be used to identify users personally but may be used to compile identified statistics relating to use of services offered or to provide YELLOWFISH SOUTH AFRICA PTY LTD with feedback on the performance of this website.

4.2.2. The following classes of information may be collected in respect of users who have enabled cookies:

4.2.2.1. The browser software used;

4.2.2.2. IP address;

4.2.2.3. Date and time of activities while visiting the website;

4.2.2.4. URLs of internal pages visited; and

4.2.2.5. referrers.

4.3. If you do not wish cookies to be employed to customize your interaction with this website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this website may not be available.

  1. Security

5.1. YELLOWFISH SOUTH AFRICA PTY LTD takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any personal information by a third party.

  1. Links to other websites

6.1. YELLOWFISH SOUTH AFRICA PTY LTD has no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and YELLOWFISH SOUTH AFRICA PTY LTD strongly recommends that you review the privacy policy of any website you visit before using it further.

  1. Queries

7.1. If you have any queries about this privacy policy please contact us by emailing info@yellowfish.co.za