Scary terms and conditions

[Fulcrum29]

No, Piggs Peak didn't "made a bid to be legal within SA", they tried the same bull**** OLX is trying. The court ruled on the jurisdiction issue. The transaction takes place where the victim is located. End of story. That's why the case is relevant.

http://www.itweb.co.za/index.php?option=com_content&view=article&id=47684

Swaziland-based Casino Enterprises has lost its bid to have its operations declared legal in SA, in a landmark judgement handed down in the Bloemfontein Supreme Court of Appeals.

So OLX is into gambling, you said that they are trying the same BS, did they seize gains generated within SA?

Last August, judge Neil Tuchten ruled that the act of gambling takes place at the punter's computer, and not where the server is located. Casino Enterprises had appealed the Gauteng Gambling Board's declaration that advertising online gambling was illegal.

Not according to South African law.

Not according to South African law <- This don't explain to me where OLX circumvented SA law, where do SA law state otherwise?

The very same article as per above:

Nicholas Hall, an attorney with Michalsons Attorneys, says the landmark ruling could have implications for any sort of online transactions. He explains that the decision sets parameters for where deals take place and determines jurisdiction.

Hall says the matter of where transactions takes place was previously “ambiguous” as there was no clear case law to settle this issue.

The ruling however excluded sports betting within SA on "Foreign Servers". The Gauteng Gambling Board also seized whatever gains Piggs Peak collected within the SA borders in the period up to the original ruling. Where do the "could have implications", as stated by Nicholas Hall, play a role in online listings when sports bettings are allowed on "Foreign Servers"?

Our courts have ruled that the transaction takes place in the home of the victim, despite your best attempts to prevent that.

Do post me an article indicating the above with cross-border transactions in relation with digital goods hosted, managed and operated in a "Foreign Country" by a "Foreign Entity", also by taking in regard that OLX is a "gratis" listings service?

I did. In my first comment. And you used the word "our" - What is your association with OLX if it isn't your employer

You acknowledged that you discredited me, note that my response was to address this question made by you:

Why don't you try to enforce an abusive contract and report back to me.

I have zero association with OLX, however I am acquainted with their ICT service providers in relation with other business (commercial) activities.

Furthermore, an article will be appreciated on this matter with OLX based on a legal perspective, why not ask Michalsons Attorneys since they made the remark on the implications, knowing that sports betting is allowed on "Foreign Servers"?

 

[Drunkard #1]

http://www.itweb.co.za/index.php?option=com_content&view=article&id=47684



So OLX is into gambling, you said that they are trying the same BS, did they seize gains generated within SA?





Not according to South African law <- This don't explain to me wher<Gibberish and FUD>usiness (commercial) activities.

Furthermore, an article will be appreciated on this matter with OLX based on a legal perspective, why not ask Michalsons Attorneys since they made the remark on the implications, knowing that sports betting is allowed on "Foreign Servers"?

I don't argue with idiots, so go ahead, try enforce OLX's contracts in SA. Let me know how it goes.

 

[chrisc]

Telkom debited my business phone account with someone else's Yellow Pages adverts to the tune of R 23000 a month for 27 months. They would cancel it the second month and then reinstate it the third. The company for whom the advert was placed had gone out of business and existed only in Gauteng (I was then in Cape Town). After messing about for over 2 years, I had a summons issued on Telkom and when they put in a motion to defend, was able to point out to their attorney the stupidity of their action. They tried to tell me the matter would not be proceeded with but I prevailed on them to pay R 16000 costs. It took these attorneys 7 years to pay the R 16000.

 

[Biggie]

Why haven't you got someone from the MyBB panel of lawyers to assess those for legality? Most will fall foul of the CPA (even if it's just the "fairness" requirements), which is why I don't bother reading them - I have the right to assume that the fine print I sign is legal. The CPA also insists on any unusual terms being brought to my attention, and if I need to read about it in the media, they're in breach of the act.

TL;DR, None of those will stand up in court.

Does OLX specifically mention US dollars, or could I assume those are Zim dollars?

Yes i agree. You don't even need the CPA for this. Good luck to olx trying to enforce that in a court.

 

[Fulcrum29]

I don't argue with idiots, so go ahead, try enforce OLX's contracts in SA. Let me know how it goes.

Great, we are done here. I will wait on an article on this OLX matter in concern, also addressing the penalties per section, should there ever be one.

Fair disclaimer: I have no association with OLX.

 

[borga]

You seem to struggle with reading:

The act applies to .... within the replublic. So if there don't host their website in South Africa then their lawyers can argue that the transaction didn't take place within the replublic.

 

[Fulcrum29]

The act applies to .... within the replublic. So if there don't host their website in South Africa then their lawyers can argue that the transaction didn't take place within the replublic.

Depends on the website. The "Foreign Server" can collect monies in SA as with the gambling case which was shortly mentioned here, thus the "Foreign Server" voluntarily participates in the CPA.

OLX however collects nothing in SA, applicable payments on OLX are handled by third-parties such as PayPal with whom payment disputes will be negotiated in relation with transactions.

 

[kianm]

OLX can go ....