GUMTREE SOUTH AFRICA APPLICATION PRIVACY POLICY & TERMS OF USE

Revision Date: November 19, 2012

Last Modified: November 19, 2012

By using this Application and related Widgets (if any) (collectively, the “Application”) you agree to be bound by this Application Privacy Policy and Terms of Use. Certain features of this Application may require you to be a registered user or provide personal information. Your use of these features and this Application is also subject to the Privacy Policy, Terms of Use, and other agreements applicable to you at www.gumtree.co.za.

APPLICATION PRIVACY POLICY

This Application Privacy Policy describes how this Application collects, uses and protects your information. The data Controller is Marktplaats BV, Wibautstraat 224-2, 1097 DN Amsterdam, The Netherlands.

Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing your user experience:

Device sign-on data (including device ID)
Location data, if you have chosen to share this
If you don’t have an existing account, personal information when you register for an account
An encrypted copy of your user ID and password
Your preferred language and location site
Your email address and correspondence sent via the Application
Information about how you interact with the Application and the applicable website(s)

We and our Service Providers use this information to operate and improve our applications, sites, services, and tools.

This Application may utilise social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties when and where applicable. By using this Application, you expressly relieve us from any and all liability arising from your use of any share functionality or third-party site accessed from this Application.

Sharing Information. We may share the information we collect with members of the eBay corporate family (eBay Inc. owns Marktplaats B.V.) to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.

If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your experience.

User Control. You can access and change user settings or delete your search history from the options/settings menu on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.

Security. The security of your information is important to us. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. We employ generally accepted industry standards to protect your personal information. The transmission of information over wireless and wired networks is not 100% secure, so we do not guarantee the security of your information.

Updates. We reserve the right to update this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Contact. For questions about this Application Privacy Policy, please contact us by registered ordinary post (or if posted to or from a place outside South Africa, by registered airmail) to:

Marktplaats BV - Privacy Policy Requests
Wibautstraat 224-2, 1097 DN
Amsterdam, The Netherlands

or you may contact Help Desk.

TERMS OF USE

Application Use. We grant you the right to use this Application only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialise this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any of our sites in any way or interfere with any party's use or enjoyment of any of our sites. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of these Terms of Use.

This Application may not contain the same functionality available on our websites.

Intellectual Property. We own, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, 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 this Application and you will not remove, obscure or alter our copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

Disclaimer of Warranties. We disclaim responsibility for any harm resulting from your use of this Application.

The Application and the service(s) accessed by it are provided "as is" and “as available”.

We expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.

Your use of this Application is at your own discretion and risk. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this Application.

Ad update and other notification functionality in this Application 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.

Limitation of Liability. We are not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (d) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Nothing in these Terms of Use shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. Further, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from us.

Compensation. You will compensate us in full (and our parent companies, subsidiaries, joint ventures, shareholders, officers, directors, agents and employees) for any losses or costs, including, without limitation, reasonable legal fees, we incur arising directly or indirectly from or exacerbated directly or indirectly by your conduct or in connection with your use of this Application, any alleged violation of this Privacy Policy and Terms of Use, and any alleged violation of any applicable law, regulation or the rights of a third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any claim or investigation brought by any third party, including, without limitation, a regulator or law enforcement agency, subject to this compensation provision, but doing so will not excuse your compensation obligations.

Changes to this Application or Terms of Use. We reserve the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions. The terms of the Terms of Use and Privacy Policy at the website accessed by this Application also apply to your use of this Application.

You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Contracting Parties. The contracting party is Marktplaats BV, Wibautstraat 224-2, 1097 DN Amsterdam, The Netherlands.

ADDITIONAL TERMS. Additional terms and conditions that apply to you (based on the device this Application is installed on):

Windows - Microsoft

1. This is an agreement between you and Marktplaats, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of this Application.

2. You may install and use one copy of this Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of this Application on a device you do not own or control.

3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for this Application.

4. Microsoft, the wireless carriers over whose network this Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.

5. You, and not the Disclaiming Distributors, bear the risk of using this Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.

6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

iOS – Apple

1. This is an agreement between you and Marktplaats, and not with Apple. Apple is not responsible for this Application and the content thereof.

2. We grant you the right to use this 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 this 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 this Application or your possession and/or use of this 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 this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.

7. Apple and Apple’s subsidiaries are third party beneficiaries of this Privacy Policy and 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.

BlackBerry – Research in Motion

1. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network this Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this Application (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.

2. The Disclaiming Parties are third party beneficiaries of this section entitled “Blackberry – Research in Motion” of the Privacy Policy and Terms of Use, and, upon your acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.

Open Source (Android/WP). Portions of this product (a) Copyright 2001-2010 Joda-Time Authors; and (b) Copyright Google/Android Open Source Project. Licensed under the Apache License, Version 2.0 (the "License"); you may not use these files except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.