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Section 1: Terms and Conditions in respect of advertising
Section 2: Terms and Conditions in respect of visitors

Section 1
	Terms and Conditions in respect of advertising

Unless indicated otherwise, the following terms shall herein after have the following meanings as indicated below:
	"client / customer / advertiser" means the individual designated as the client / customer / advertiser/ Company in the contract
	"Day" means the beginning of a calendar month unless otherwise stipulated to the contrary.
	"MMR” means Max My Ride Trading cc trading as Max Publications
	"Prime rate" means the published prime rate as charged by standard Bank from time to time, and as certified by any manager of such Bank, whose appointment shall be necessary to prove.
	"Terms & conditions" – means the terms & conditions in respect of advertising contained in this document.

1	Terms and Conditions to Apply
	All advertisers shall be subject to these terms and conditions.

2	Price
	Prices will vary according to advertising packages selected by the advertiser.

3	Failure to pay any amount
	Should payment not be made within seven (7) days from due date of each consecutive month, MMR will be entitled to enforce performance of the contract, alternatively cancel the contract. If MMR does not notify the Client of its intention to enforce the contract, within seven days of any failure by the Client to pay any amount, MMR will be deemed to have cancelled the contract, without notice being required, and mutatis mutandis apply.

4	Payment Provisions
	4.1)	We may change our tariff of fees for our Advertising services from time to time. The changes of our fees are effective after we provide you with at least seven days' notice of the changes by posting the changes via e-mail notification. However, we may choose to temporarily change our fees for our services for promotional events and such changes are effective when we post the temporary promotional event on our homepage.

	4.2)	When you advertise with MMR you have an opportunity to review and accept the fees that you will be charged for the use of our Advertising services.
	4.3)	MMR may in its sole discretion change some or all of our services at any time.
	4.4)	In the event that MMR introduces a new service, the fee/s for that service/s is effective at the launch of the service.
	4.5)	The Advertisers are responsible for paying all fees associated with using MMR services and all applicable taxes.
	4.6)	The Advertiser shall not be entitled to any set off, discount, refund or other credit in respect of any suspension or interruption of/or delay in service, nor in respect of any suspension that is beyond MMR control.

	4.7)	Full monthly payments shall be made net of bank charges and credit card commissions.
	4.8)	All amounts payable shall be paid by the end of each consecutive month as stipulated in the payment schedule of the contract. Any refunds due to the advertiser shall be paid once the Advertiser provides MMR with sufficient proof of refund. Any amount not paid on due date shall attract interest at 2% above the prime rate.

	4.9)	The clients advertisement shall not be featured in Max My Ride magazine until all fees payable is deposited into the Max My Ride Trading banking account.

5	Cancellation by Advertise
	5.1)	In the event of cancellation of the advertisement by the Advertiser:
		5.1.1)	Cancellation within the contract period, will be charged a fee equal to 100% of the aggregate value of the latest signed contract, and will be payable by the Advertiser, within 7 days of MMR’S invoice.

		5.1.2)	All invoices not paid within seven (7) days will be charged interest at 2% above prime rate.

6	Liability for loss incurred by MMR
	If during the use of MMR’s magazine, the Advertiser engages in any activity of whatsoever nature which may cause MMR to violate any South African law or to lose in whole or in part services which are made available to MMR by any party, the Advertiser will be liable for all such loss incurred by MMR, be they direct or consequential loss, and the Advertiser shall indemnify MMR against any claim by any third party arising out of any such illegal activity.

7	Advertisers' warranties and undertakings
	Advertisers make the following warranties and/or undertakings to and in favour of MMR:
		7.1)	that the information you provide us regarding the items you wish to advertise in our magazine or any other information you provide in our magazine is true and accurate.
		7.2)	that the information You obtain from our magazine, whether it is in respect of a advertiser or any other information on our website, will be kept confidential and will not be made available to any third party and will only be used for the purpose for which it is obtained.

		7.3)	that the information You provide to us for your ad design does not contain any viruses or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, date or personal information of ours.


8	Monitoring and termination rights
	The Advertiser agrees, if MMR in the exercise of its sole discretion is of the opinion that the Advertisers listing content is offensive, unlawful, or harmful in any way, that MMR without limiting any of its other rights in terms of this Agreement, may:
		8.1)	request the Advertiser forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
		8.2)	request the Advertiser forthwith to amend or modify the content; or
		8.3)	without notice remove the clients Advertisement from our magazine.

9	Information control
	We endeavour to provide a convenient, accurate and functional magazine. We do not control the information provided by others that is made available through our magazine. You may find other Advertisers information to be offensive, harmful, inaccurate, or deceptive. You are solely responsible for your information, and we act as a passive conduit for your advertising and publication of your information. The information must accurately identify the seller. When asked to provide information, you agree that you will provide true, accurate and complete information. You also agree that you will maintain and update such information to maintain its truth, accuracy and completeness. MMR reserves the right to remove/terminate your advert from the magazine upon the discovery that the information you provided is not complete or accurate.

10	Joint and Several Liability
	10.1)	Should the contract have been prepared on the basis that it will be executed by more than one person, and should any of the intended persons not execute the contract, those persons who do execute the contract, hereby agree that each of them is jointly and severally liable to MMR, notwithstanding that any intended party did not bind itself to the contract.

	10.2)	All persons who sign the contract on behalf of the Advertiser, bind themselves, jointly and severally, in solidum as sureties for, and co-principal debtors with, the Advertiser to MMR, for the due performance by the Advertiser of all its obligations to MMR in terms of the contract.


11)	Jurisdiction, Domicilium, Breach and Legal Cost
	Without limiting any other remedies, MMR may issue a warning, suspend or terminate your account/contract/registration and refuse to provide our services to you if:
		11.1)	You are in breach of this Agreement; or If MMR is unable to verify or authenticate any information provided by you; or
		11.2)	If MMR suspects that you have engaged in fraudulent activity in connection with MMR’s magazine.
		11.3)	If either MMR or the Advertiser breaches any term of this Agreement and fails to remedy such breach within 7 (seven) days of written notice requiring it to do so, then the party not in breach shall be entitled, without prejudice to any rights or remedies which it may have, to cancel this Agreement or to claim immediate performance and/or payment by the party in breach.

		11.4)	The Agreement shall be governed by South African Law.
		11.5)	The Advertiser consents to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrate's Court Act, notwithstanding that the amount in dispute may be beyond the jurisdiction of such Court.

		11.6)	The Advertiser chooses domicilium citandi et executandi at the Advertiser’s address stipulated on the contract schedule.
		11.7)	Should any legal action be taken against the Advertiser, the Advertiser shall be responsible for all legal costs and other recovery costs incurred by MMR on the scale as between attorney and own client.

		11.8)	Should the Advertiser breach any provision of the contract or these terms, and conditions, and fail to remedy such breach within three days of written notice being given to it by MMR, MMR shall be entitled, without prejudice to any other rights which it has in law to cancel the contract and/or enforce performance thereof, and / or claim damages, provided that MMR shall not be required to give any notice to remedy the breach if the Advertiser fails to pay any amount on due date, mutalis mulandis apply. MMR shall, if it cancels the contract, be entitled to retain all amounts paid as a deemed genuine pre-estimate of its liquidated damages.


12	Sequestration, Liquidation or Insolvency of the Client
	MMR shall be entitled to summarily cancel the contract in the event that the Advertiser is provisionally or finally liquidated or sequestrated, placed under judicial management or when an order payable in money is granted against the Advertiser, and which is not satisfied with fourteen days of it carrying to the Advertiser's attention, or in the event that the Advertiser commits any act of insolvency as described in the Insolvency Act, without prejudice to MMR’S rights to claim damages.

13	Whole Agreement and No Variation, Warranties of Capacity
	These terms and conditions and the contract constitute the whole agreement between the parties, and no promises, representations or warranties have been made by MMR, other than those specifically referred to herein, and no amendments, variation, waives or indulgences shall be of any force, or effect, unless reduced to writing and signed by both parties. The signatory on behalf of the Advertiser warrants that he/she is duly authorized to enter into this contract on behalf of the Advertiser.

14	Amendment of this agreement
	We may amend these terms and conditions at any time by posting the amended terms on our website www.maxmyride.co.za. All amended terms shall automatically be effective and binding upon You 7 (seven) days after they are initially posted on our website www.maxmyride.co.za. By continuing to Advertise with MMR following such changes, you agree to be bound by this Agreement, as modified.

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Section 2:
	Terms and Conditions in respect of visitors

1 DEFINITIONS 1.1 Max My Ride Trading cc is a registered company trading as Max Publications. 1.2 “Advertiser” means a company which legally agrees to advertise in Max My Ride Magazine. 1.3 “Visitor/user” means a person who establishes a connection for access to and use of www.maxmyride.co.za. 1.4 The information, services, content, contests and products are either provided by Max My Ride Trading cc, affiliates of Max My Ride Trading cc, third party content providers or the Advertisers. 2 GENERAL 2.1 By using/browsing www.maxmyride.co.za, the Visitor agrees to abide by the full terms and conditions hereof. The right to use www.maxmyride.co.za is personal to the Visitor, and is not transferable to any other person or entity. The Visitor accepts sole responsibility for the use of the Visitors' account, and for ensuring that the Visitors' account complies fully with the provisions of this agreement. 2.2 Max My Ride Trading cc shall have the right at any time to change or discontinue any aspect or feature of www.maxmyride.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use. 2.3 The visitor is responsible for all use of his/her account. 2.4 The visitor shall be responsible for protecting the confidentially of his/her password(s), if any, as well as ensuring that all use of his/her account complies fully with the provisions of this Agreement. 2.5 Visitor shall be responsible for the necessary equipment needed for access to and use of www.maxmyride.co.za and all charges associated thereto. 2.6 The visitor shall use www.maxmyride.co.za for legal purposes only. 2.7 www.maxmyride.co.za contains copyrighted material, trademarks, software, graphics and other proprietary information, including, but not limited to, images, photos, text, and videos. Visitor may not transmit, create derivative works, publish, participate in the transfer or sale, modify or in any way exploit, any of the content, in whole or in part. 2.8 The Visitor may download copyrighted material for his/hers personal use only, and, when doing so, must adhere to the copyright law: no redistribution, publication, copying or commercial exploitation of downloaded material will be permitted without the written permission of Max My Ride trading cc. 2.9 The Visitor shall not post, upload, or otherwise make available on www.maxmyride.co.za any material protected by copyright, trademark or proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining if any material is not protected by copyright rests with the Visitor. The Visitor shall be solely liable for any damage resulting from any infringement of proprietary rights, copyrights, or any other harm resulting from such a submission. By submitting material to any public area of www.maxmyride.co.za, the Visitor automatically warrants, or grants that the owner of such material has expressly granted Max My Ride Trading cc the royalty-free, irrevocable, perpetual, non-exclusive right and license to use, publish, reproduce, modify, and distribute such material (in whole or in part) world-wide and / or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. 2.10 The Visitor also permits any other Visitor to view, access, reproduce, or store the material for that Visitor's personal use. The Visitor hereby grants Max My Ride Trading cc the right to publish, copy, edit, and distribute any material made available on www.maxmyride.co.za by the Visitor. 2.11 The Visitor expressly agrees that the use of www.maxmyride.co.za is at the visitor’s sole risk. Neither Max My Ride Trading cc, it’s affiliates/advertisers nor any of their respective employees, agents, third party content providers or licensors warrant that www.maxmyride.co.za will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained through the use of www.maxmyride.co.za, or to it’s accuracy, reliability or content of any information, service, or merchandise provided through www.maxmyride.co.za 2.12 The disclaimer discussed in section 2.11 applies to any damages or injury caused by any failure of performance, error, omission, defect, delay in operation or transmission, interruption, deletion, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of conduct, negligence, or under any other cause of action. The Visitor specifically acknowledges that www.maxmyride.co.za is not liable for defamatory, offensive or illegal conduct of other visitors or third parties and that the risk of injury from the foregoing rests entirely with the user. 2.13 In addition to the terms set forth in sections 2.11 and 2.12, neither Max My Ride trading cc, nor its affiliates, information providers or content providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within www.maxmyride.co.za, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but nor limited to, lost profits, punitive or consequential damages. 3 FORUM/PICTURES/VIDEOS 3.1 The Visitor shall use www.maxmyride.co.za for lawful purposes only. 3.2 The Visitor shall not post or transmit through www.maxmyride.co.za any material which violates of infringes in any way on the rights of others, which is unlawful threatening, abusive, defamatory, invasive, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offence, five rise to civil liability or otherwise violate any law, or which, without www.maxmyride.co.za express prior written approval, contains advertising or solicitation with respect to products and / or services. 3.3 Any conduct by a visitor that in www.maxmyride.co.za discretion restricts of inhibits any other Visitor from using or enjoying www.maxmyride.co.za will not be permitted. 3.4 Visitors shall not use www.maxmyride.co.za for advertising or commercial solicitation. 3.5 Max My Ride Trading cc and its website www.maxmyride.co.za is not responsible for any content posted on the website. However, should a violation of any of the above terms and conditions occur, the Visitor will immediately inform Max My Ride Trading cc thereof 3.6 Max My Ride trading cc shall have the right, but not the obligation, to monitor the content of www.maxmyride.co.za, as posted by users, to determine compliance with this Agreement and any additional operating rules established by Max My Ride Trading cc. Max My Ride Trading cc has the right to, at its own discretion, add, delete or modify any content posted on www.maxmyride.co.za 4 INDEMNIFICATION 4.1 Visitor agrees to defend, indemnify and hold harmless Max My Ride Trading cc, its website www.maxmyride.co.za , its affiliates and their respective directors, officers, employees and agents against all claims and expenses, including attorney’s fees, arising form the direct or indirect use of www.maxmyride.co.za by the Visitor.

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