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1. SITE POLICIES TERMS OF USE


 

  • Please note, that The User (hereinafter referred to as ‘The User’) will signify The User’s assent and agreement to BooBop Media (Pty) Ltd.’s (hereinafter referred to as ‘The Provider’) terms and conditions, by clicking on the ‘I agree to the terms and conditions’. Should The User disagree with The Provider’s terms and conditions. (Please do not use this directory website to create a profile and / or a listing.)
  • The Provider may record all necessary information for each submission to this directory service, including but not limited to IP addresses for security reasons. All data posted via the submission form must be as accurate as possible to the best of The User’s knowledge, when registering a website on our directory service. No misleading url-redirects to different domains are to be submitted, no forged or faked email addresses are to be submitted, as The Provider requires The User’s email address to inform The User of any changes and updates to our services. The Provider reserves all rights to suspend and or delete any User’s Profile that the Provider deems to be fake, or in breach of the Provider’s Terms & Conditions and or delete any profiles, listings & reviews at The Providers discretion. The Providers decision is final and no discussions will be entered into.
  • The Provider may revise these terms and conditions on occasion. All revised terms and conditions will apply to the use of this website from the date of the publication, should The User not agree with said revised Terms & Conditions it is The Users responsibility to delete their profile and or listing .
  • The User hereby warrants, that the registered listing is based in Gauteng, and will provide sufficient information to substantiate this, should they be asked to do so. Should sufficient information inter alia, the physical address not be provided, the listing may be deleted by The Provider without notification to The User.
  • The Showcase Membership is provided on an annual basis only, this term of agreement shall remain in force for successive yearly periods, as agreed at the then applicable rates or fees, unless Written Notice of Cancellation is received from the Customer giving notice prior to the annual renewal for the services offered, any Showcase Memberships not renewed may be downgraded or even deleted by The Provider.
  • The Showcase Members fee are non-refundable as there is a Free Membership option available to ascertain if the service is appropriate for The User’s requirements.
  • The agreement for services rendered shall continue indefinitely and shall terminate on the expiry of the said written notice (refer above) or if The User has requested the deletion of said membership.

 

2. ACCEPTABLE USAGE POLICY


The User agrees to not use this website:

 

  • to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website
  • to transmit or re-circulate any material obtained from this website to any third party except where expressly permitted on this website;
  • to disseminate any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  • to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the website by any person;
  • to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that in any way that might infringe on third party privacy or other rights, is unlawful or that might bring The Provider, or any of its subsidiaries, into disrepute.
  • to use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

3. USER CONTENT


 

  • User Content is defined as material (including without limitation to text, images, audio material, video material and audio-visual material) that The User may submit to their listing on this website, for whatever purpose.
  • User Content must not be illegal or unlawful, must not infringe on any third party's legal rights, or be capable of giving rise to legal action whether against The User, or The Provider, or any third party (in each case under any applicable law).
  • The User must not submit any User Content to the website that is, or has ever been, the subject of any threatened, or actual legal proceedings, or other similar complaint.
  • The Provider reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website. Should there be a dispute of any sort The Provider reserves the right to suspend The User’s membership until such dispute has been settled by all parties. The Provider will also act under the instruction of the courts of South Africa.
  • Notwithstanding The Provider’s rights under these terms and conditions in relation to The User Content, The Provider does not undertake to monitor the submission to, or the publication of, such content on this website.
  • Reviews: The User confirms that he/she is a bona fide customer of the supplier that they are reviewing and that all the facts contained in the review are true and correct. These facts must accurately describe The User’s experiences with said supplier. The User acknowledges that they have read the terms and conditions of The Provider and that their review does not contain unlawful content, including content that is defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent or otherwise objectionable. The Provider reserves the right to edit a review or if deemed appropriate delete said review without notice to The User or The Member.
  • The User understands that their personal details (name, contact number, email address and any other identifying information provided by them to The Provider may be disclosed to the supplier concerned (i.e. that they have reviewed), at the sole discretion of The Provider. The User consents to their details being disclosed to the supplier concerned and The User undertakes not to institute legal action against The Provider for breach of privacy, or any related course of action in relation to such a disclosure.  
  • In the event that The User violates these Terms and Conditions, The Provider has the right to terminate their access to the website and take whatever other steps may be deemed necessary in respect of the violation.
  • Should The User in placing a review NOT agree to all the Terms & Conditions The User should not place the review of The Member.

 

4. INFORMATION & AVAILABILITY


 

  • Whilst The Provider has taken every care to ensure that the information on this website is accurate and complete, some of it may be supplied to The Provider by third parties and / or including but various Search Engines. The Provider is unable to check its accuracy or completeness. The User is advised to verify the accuracy of any information before relying on it.
  • The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice of whatsoever nature, for any individual, or company, and should not be relied upon in that regard.
  • Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind and The Provider does not accept any liability arising from any inaccuracy, or omission, in the information, or interruption in availability.
  • The information on this website does not necessarily reflect the views and opinions of The Provider, any of its subsidiaries, advertisers or trade partners. Neither should any suggestions, or advice, contained on this website be relied upon in place of professional advice. The User is solely responsible for checking the accuracy of any information given on this website before entering into any commitment based upon said information.

 

5. LINKS, ETC.


 

  • The Provider is the owner of this website, and is not affiliated with sites that are either displaying information on the website, or may be linking to it, and is not responsible for said sites’ actions or content. The linked sites are for The User’s convenience only and The User accesses them at their own risk.
  • Links to other websites or references to products, services or publications, other than those of this website and its subsidiaries and affiliates, do not imply the endorsement, or approval, of such websites, products, services or publications by this website, or its subsidiaries and affiliates.
  • On this website The User may be offered automatic links to other websites. The User acknowledges that the content on those pages is not subject to The Provider’s control and The Provider does not endorse, or accept any responsibility for said links or web content.
  • Even though The Provider has made every effort to approve links with the highest quality control please do not hesitate to contact The Provider should The User find something that is offensive, or illegal, in this directory. If The User has any questions regarding this site's terms and conditions please contact The Provider.

 

6. DISCLAIMER


 

  • WHILST EVERY EFFORT HAS BEEN MADE TO ACCURATELY DISPLAY THE PRODUCTS AND WEBSITES LISTED IN THIS WEB DIRECTORY, THE PROVIDER IS NOT RESPONSIBLE FOR DATA THAT IS INACCURATE.
  • Certain names, graphics, logos, icons, designs, words, titles or phrases on this website may constitute trade names, trademarks or service marks of this website, or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying, or modification of trademarks and/or the contents herein, may be a violation of International and South African common law trademark and/or copyright laws and could subject The User to legal action.
  • This website disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This website does not warrant that the functions contained in the materials will be uninterrupted, or error-free, that defects will be corrected, or that this site, or the server that makes it available, are free of viruses, or other harmful components. This website does not warrant, or make any representations, regarding the use, or the results of the use, of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
  • Under no circumstances, including, but not limited to, negligence, shall this website be liable for any special or consequential damages that result from its use, or the inability to use the materials in said site, even if this website has authorized a representative to be advised of the possibility of such damages.

 

7. LIMITED LIABILITY & INDEMNITY


 

  • The User accepts that, as a limited liability entity, The Provider has an interest in limiting the personal liability of its managers and employees. The User agrees that they will not bring any claim personally against The Provider, The Provider's staff, The Providers Advertisers, The Providers Users, The Providers Trade Partners or anybody associated with The Provider in respect of any losses The User may suffer in connection with the website.
  • Without prejudice to the aforementioned paragraph, The User agrees that the limitations of warranties and liability as set out in this website disclaimer will protect The Provider's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Provider itself.
  • The User hereby indemnifies The Provider and undertakes to keep The Provider indemnified against any losses, damages, costs, liabilities and expenses (including without limitation: legal expenses and any amounts paid by The Provider to a third party in settlement of a claim or dispute on the advice of The Provider's legal advisers) incurred or suffered by The Provider, arising out of any breach by The User of any provision of these terms and conditions, or arising out of any claim that The User have breached any provision of these terms and conditions.

 

8. RESTRICTED ACCESS


 

  • Access to certain areas of this website is restricted. The Provider reserves the right to restrict access to areas of this website at its’ sole discretion.
  • The Provider shall provide a User ID and Password to enable The User to access restricted areas of this directory website, or other content, or services. Please ensure that The User’s User ID and Password are kept confidential. The Provider may disable The User’s User ID and Password at its sole discretion without notice or explanation therefor.

 

9. DATA


 

  • The Provider will not sell or give away The User’s email address to any other third parties whatsoever not associated with The Provider. By having a Membership on the site, free or paid, The Member allows The Provider to send its directory subscribers and The Users regular newsletters – the content may contain information about the website e.g. information, optimisation, tips, submissions, site news and updates as well as material that the Provider deals pertinent for the User. Should The User not wish to receive this please delete your listing from the website
  • Newsletter content may also contain advertising and links to quality third party websites for The User’s benefit. By using this site The User agrees to allow The Provider to send The User regular newsletters, auto responders which The User may unsubscribe. By unsubscribing The User will also not get submissions from potential clients requesting information relating to their products and / or services.

 

10. GOVERNING LAW


 

  • The Provider’s websites are controlled and operated from the Republic of South Africa and therefore this agreement is governed by South African Law.
  • The User may not at any time use the service in contravention of any South African law and consents to the jurisdiction of the High Court of South Africa sitting in Pretoria.
  • If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

11. BREACH OF THE TERMS & CONDITIONS


 

  • Should The User be in breach of any of the above terms and conditions in any way (without prejudice to The Provider's other rights under these terms and conditions), The Provider may take such action as deemed appropriate to deal with the said breach.
  • Breach of the Terms & Conditions, may include suspending The User’s access to the website, and may also include;
    • prohibiting The User from accessing the website,
    • blocking computers using The User’s IP address from accessing the website,
    • contacting The User’s internet service provider to request that they block The User’s access to the website
    • and/or bringing court proceedings against The User.

 

12. APPLICATION OF THE CONSUMER PROTECTION ACT


 

  • Notwithstanding the provisions of clause 1.5 regarding the Written Notice of Cancellation, in the event that The User is not a juristic person, The Provider must give written notice to The User not more than 80 and not less than 40 business days prior to the expiry of the current period. This notice must inform The User of:
    • the expiry date,
    • any material changes that will apply to the Services beyond the expiry date, and
    • The User's right to either terminate the Service, or to renew it for a further fixed period
  • Should The User choose not to terminate the Service, the Service shall automatically renew on a year-to-year basis after the expiry of the initial period, subject to any material changes set out by The Provider in its notice to The User.
  • Should the Consumer Protection Act (“CPA”) be applicable to this agreement, the provisions of this agreement shall not be interpreted so as to exclude The User’s rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this agreement, The User shall have no rights in respect of quality of service, safe and good quality goods or implied warranty of quality beyond those explicitly stated in the aforementioned sections.
  • A transaction (as defined in the CPA) between The User and The Provider may, or may not, fall under the provisions of the CPA depending upon whether certain values set out in the next clause in respect of The User (Threshold Values) are below a certain value at the time the transaction is entered into.
  • The Threshold Values are the Customer's asset value or annual turnover (or such other measurement as may be dictated by the CPA as amended from time to time), and the value against which they are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from time to time.
  • Should the CPA be applicable to this agreement or to the relevant Service Order, the provisions of this agreement or of this clause, shall not be interpreted so as to exclude the Customer’s rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in this agreement, the Consumer shall have no rights in respect of quality of service, safe and good quality goods, or implied warranty of quality, beyond those explicitly stated in the aforementioned sections.
  • The Provider's duties under a particular Service Order may vary depending upon whether the transaction in question is subject to the CPA, and the Provider will act upon the information given to it by the Customer in this regard. Consequently:
    • the Customer warrants that any statement made to the Provider in respect of its Threshold Values is accurate;
    • if the Customer claims that all the Threshold Values are below the relevant value, or otherwise, that the CPA applies to the transaction in question, the Provider may at its instance require the Customer to provide it with financial statements as proof thereof;
    • If the Customer misstates the Threshold Values in such a way that the Provider considers for a period that the transaction is subject the CPA when it is not, all provisions of this agreement, that do not apply to transactions subject to the CPA, shall retroactively apply to the transaction in question, and the Customer shall be liable for any damage sustained by the Provider resulting from such misstatement.

 

 


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