Bellville Guide - Terms & Conditions

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST IMMEDIATELY LEAVE OR EXIT THE DG WEBSITE AFTER YOU HAVE READ THE CONDITIONS STIPULATED BY DG, AS FURTHER USE OF THE DG WEBSITE SHALL AUTOMATICALLY BIND THE USER TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION

a) "the DG Website" means the DG Website, owned and operated by District Guide CC and located at http://www.districtguide.co.za including any page, part or element thereof (This covers all websites owned and operated by DG);

b) “DG” means District Guide CC, registration number 2008/ 135997 /23, including its subsidiaries, owners, shareholders and business units;

c) "User" means any person who enters or uses the DG Website, notwithstanding the fact that such a person only visits the home page of the DG Website;

e) The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.

f) Certain pages, products or services are subject to their own set of terms and conditions and such terms and conditions available on the DG Website are deemed to be included as part of these terms and conditions.

1. GENERAL

DG is the market leading directional media and publishing close corporation in South Africa The DG in terms of its business processes offers end-to-end directory solutions.

DG has a well-developed professional infrastructure including experienced staff, proprietary tools and publishing software underpinned by sound financial controls and history that enables DG to ensure that all details are considered and services are provided on time and are of a high standard.

2. ALLOWED USE AND LICENSE

2.1 DG licenses the User to view and print the content of the DG Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view and print this agreement for legal and / or evidential purposes.

2.2 Content from the DG Website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of DG.

2.3 Users may only access, browse and use the DG Website for legitimate personal or commercial purposes and may not use the DG Website or any DG services and/or products for:
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.

2.4 The caching of the DG Website shall only be allowed if:- 2.4.1 The purpose of the caching is to make the onward transmission of the content from the DG Website more efficient; 2.4.2 The cached content is not modified in any manner whatsoever.

2.5 If any User uses content from the DG Website in breach of the provisions detailed herein:- 2.5.1 DG reserves the right to claim damages from the User; 2.5.2 DG reserves the right to institute criminal proceedings against the User; and 2.5.3 DG shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to the DG Website from any other source shall be directed at the home page of the DG Website. Links beyond the DG home page may be used but the user is still subjected to the terms and conditions.

2.7 DG shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the DG Website, if such content, products or services was accessed through a hyperlink not directed at the home page of the DG Website. Persons that wish to link to pages beyond the home page of the DG Website without DGS's prior written consent shall do so at their own risk and indemnify DG against any loss, liability or damage that may result from the use of such hyperlinks. DGS's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.8 Users may quote small and reasonable amounts of content available from the DG Website and only if such a quote is placed in inverted commas and acknowledged.

2.9 No person may, without the prior written consent of DG, frame the DG Website in any manner whatsoever.

2.10 Apart from bona-fide search engine operators and use of the search facility provided on the DG Website by Users, no person may use or attempt to use any technology or applications, without the prior written consent of DG.

2.11 E-mail addresses, names, telephone numbers and fax numbers published on the DG Website (Including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.

2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by DG at any time without prior notice or reasons.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All intellectual property on the DG Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to DG and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the DG Website are expressly reserved.

3.2 No person may use logos, icons or trade marks from the DG Website as hyperlinks or other purposes without DGS's prior written consent.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the DG Website to perform searches for advertisers on the DG Website.

5. DISCLOSURES

These terms and conditions as well as product and / or service specific terms and conditions govern the services from or through the DG Website.

Access to the services, content and software available from the DG Website may be classified as "electronic transactions" and DG has, amongst others, the duty to disclose the following information

5.1 The full name and legal status of the website owner: District Guide CC, registration number 2008 / 135997 / 23.

5.2 Management Team: http://www.districtguide.co.za

5.3 Street address: 7 Fuchsia Place, Welgemoed North , South Africa , 7530.

5.4 Postal address: Postal Box 3148, Tygervalley, 7536, South Africa.

5.5 Physical address for receipt of legal service: 7 Fuchsia Place, Welgemoed North , South Africa , 7530

5.6 Main business: Directory services provider

5.7 The website addresses of the DG Websites are:

http://www.districtguide.co.za
http://www.bellvilleguide.co.za
http://www.brackenfellguide.co.za
http://www.durbanvilleguide.co.za
http://www.eppingguide.co.za
http://www.franschhoekguide.co.za
http://www.goodwoodguide.co.za
http://www.knysnaguide.co.za
http://www.kraaifonteinguide.co.za
http://www.kuilsriverguide.co.za
http://www.maitlandguide.co.za
http://www.milnertonguide.co.za
http://www.montaguegardensguide.co.za
http://www.mosselbayguide.co.za
http://www.oudtshoornguide.co.za
http://www.paarlguide.co.za
http://www.parowguide.co.za
http://www.pinelandsguide.co.za
http://www.portelizabethguide.co.za
http://www.stellenboschguide.co.za
http://www.tableviewguide.co.za
http://www.woodstockguide.co.za

5.8 Codes of conduct to which DG subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics.

5.9 Description of goods and / or services: http://www.districtguide.co.za

5.10 The costs associated with the access and use of content, products and services available on the DG Website are as follows:
5.10.1 General website content free;
5.10.2 Bulk supply needs to be motivated and requested in written form from DG.

5.11 Access to, saving and printing of terms: 5.11.1 Terms specific to certain products and / or services may be printed and saved in the following manner:
a. Printing: open the web page that details the terms and click on the print option available on the browser toolbar; and
b. Saving: open the web page that details the terms and click on the [File] option available on the browser toolbar, select [Save As] and save the page as a .htm or .html file. ALTERNATIVELY, copy and paste the terms to another format such as MS Word (.doc) and save accordingly

5.12 The manner and period within which Users may access and maintain a full record of transactions: a full record of each transaction shall be disclosed to the User and Users are encouraged to print and / or save this information. Transaction records will also be disclosed to Users on request for a limited period from the date of the transaction.

5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:- 5.13.1 access to the DG Website;
5.13.2 the inability to access the DG Website;
5.13.3 the services and content available from the DG Website; or
5.13.4 these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za ;

5.14 Users may lodge complaints concerning the DG Website with DG at support@districtguide.co.za hereby assign the copyright in such complaints to DG and understand that DG may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

6. CHANGES AND AMENDMENTS

Dg reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the DG Website;
6.3 discontinue any aspect of the DG Website or service(s) available from the DG Website; and/or
6.4 change the software and hardware required to access and use the DG Website.

7. PRIVACY

7.1 DG shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2 DG may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 street address;
7.2.3 postal address;
7.2.4 title;
7.2.5 contact numbers;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address;
7.2.8 IP address.

7.3 DG collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.3.2 Provide services to the User as requested by the User;
7.3.2 Provide services to the User as requested by the User;

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for web site.

7.5 DG may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 DG shall not disclose personal information from Users unless the User consents thereto;
7.5.2 DG shall disclose personal information without the User's consent only through
due legal process; and
7.5.3 DG may compile, use and share any information that does not relate to any specific individual.

7.6 DG owns and retains all rights to non-personal statistical information collected and compiled by the DG.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 DG may provide hyperlinks to websites not controlled by DG ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.

8.2 DG does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, and inability to use or content available on or through target sites

9. SECURITY

9.1 DG shall take all reasonable steps to secure the content of the DG Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, DG does not make any warranties or representations that content shall be 100% safe or secure.

9.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the DG Website or the server and computer network that support the DG Website.

9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the DG Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold DG harmless against any and all liabilities, damages, risks and losses that DG and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.

9.4 Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the DG Website and DG reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 DG (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the DG Website;
10.1.2 access to websites linked to the DG Website;
10.1.3 inability to access the DG Website;
10.1.3 inability to access the DG Website;
10.1.5 content available on the DG Website;
10.1.6 services available from the DG Website;
10.1.7 products available from the DG Website;
10.1.8 use of content from the DG Website; and/or
10.1.9 any other reason not directly related to DGS's gross negligence.

10.2 DG Website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the DG, that the content available from and through the DG Website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3 Information, ideas and opinions expressed on the DG Website should not be regarded as professional advice or the official opinion of DG and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the DG Website.

10.4 DG does not make any warranties or representation that content and services available from the DG Website shall in all cases be true, correct or free from any errors. DG shall take all reasonable steps to ensure the quality and accuracy of content available from the DG Website.

10.5 DG does not make any warranties or representations that the DG Website shall be available at all times. Users acknowledge that the DG Website may be unavailable due to updates or other causes beyond the reasonable control of DG, including, but not limited to virus infection, unauthorized access (hacking), power failure or other acts of God.

11. REMOVAL AND CORRECTION OF CONTENT

Subject to the provisions of the Regulation of Interception of Communications ( RIC ) Act 70 of 2002, the User agrees to DGS's right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" send or posted by the User to the DG Website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/ .

12. INTERCEPTION OF COMMUNICATIONS

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between DG and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by DG from the User.

13.2 Any failure by DG to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT CONDITIONS

The User and DG agree that:
14.1 the User shall be bound to these term and conditions and such agreement is concluded in Bellville (South Africa) at the time the User enters the DG Website for the first time;

14.2 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and DG.

15. APPLICABLE AND GOVERNING LAW

The DG Website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.14, the South African law enforced by the South African courts governs the use or inability to use the DG Website, its content, services, products and these terms and conditions.

16. LEGAL COSTS

DG shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.