These Terms and Conditions govern all Directory Listings posted on the
Directory.
If there is any inconsistency or contradiction between the various terms
and conditions that comprise these Terms and Conditions, the IT-Directory.co.za
Directory Terms and Conditions for Directory Listing prevail to the extent
of any inconsistency or contradiction.
When the terminology:
- “Listing Owner” or “you” is used, it refers to
the business or community group seeking to be listed or who is listed
on the Directory, as the context allows;
- “we” or “us” is used, it refers to IT-Directory.co.za Project team; and
- “the Directory” is used, it refers to the IT-Directory.co.za
Directory
Directory Listing
Some Directory Listings and the information contained therein may have
been externally sourced by us and are posted in the Directory in an unsolicited
manner.
Please note that the Directory is for listings of businesses and community
groups; not individuals.
If your business or community group is listed and you do not wish to
remain on the Directory or do not accept these Terms and Conditions please notify
us so that we may remove your Directory Listing.
Rejection, or Removal
We reserve the right to reject, refuse or remove a Directory Listing
at any time for any reason and without being obliged to provide any reasons
to you.
Security Access Password
If you wish to directly make changes to any information contained in
your Directory Listing, you first need to obtain a security access password
from us. Your Security Access Password is obtained via the “Add/Edit
a Listing” function located within the Directory.
You must keep secure the Security Access Password and ensure that only
persons authorised by you have access to and use of the Security Access
Password for the purpose only for which it was provided to you.
Promotions
From time to time, we may undertake promotions and make special offers
in relation to the Directory ('Promotions'). All Promotions are offered
subject to their own terms and conditions and may be withdrawn or altered
at our discretion. The terms and conditions of a Promotion will override
these Terms and Conditions to the extent of any inconsistency.
Warning
You acknowledge that we cannot control who will view a Directory Listing.
For safety and security, you are encouraged to take measures and precautions
against providing personal information in your Directory Listing that
could place you or your staff or members in danger (whether real, threatened
or potential).
Your Obligations
You must not include information in your Directory Listing that:
- is unlawful, threatening, abusive, defamatory,
obscene, vulgar, objectionable, pornographic, profane or indecent;
- is false, misleading or deceptive or contains any
misrepresentations;
- interferes with or inhibits other users or listing
owners from enjoying or using the Directory;
- constitutes or encourages conduct that would constitute
a criminal offence, give rise to civil liability or otherwise violate
any applicable law;
- violates or infringes upon the intellectual property
rights or other proprietary rights of any other person;
- not disclose confidential information of any other
person without that person’s written consent;
- is an invasion of any privacy or publicity rights
of any person; or
- exposes us to liability.
The information contained in your Directory Listing must:
- be for a business or community group with a physical
location and active presence within South Africa;
- offer only products or services that complies with
all applicable laws;
- comply with the South Africa Broadcasting legislation,
regulations, guidelines, rules and relevant industry codes of practice;
- relate only to the entity the subject of the Directory
Listing; and
- be true and accurate and be kept up to date.
In accessing and using your Directory Listing, you must not:
- tamper or interfere with or hinder the technical
managerial or administrative operations of or make unauthorised modifications
to the Directory or the IT-Directory.co.za website generally;
- seek to probe, scan or test the vulnerability of
the IT-Directory.co.za system or network;
- breach any security or authentication measures
for the Directory or the IT-Directory.co.za system or network;
- attempt to gain access to or use of any other Directory
Listing; and
- knowingly transmit any virus or other disabling
feature to the Directory or IT-Directory.co.za website.
Your Warranties and Consent
You warrant and represent that:
- all details and information in your Directory Listing
provided by you are true and accurate and are not false misleading
or deceptive;
- you will keep secure the Security Access Password
and only permit authorised persons access to and use of that Security
Access Password; and
- you will keep the information contained in your
Directory Listing accurate and up to date and compliant with these
Terms and Conditions.
Our obligations
If we make any additions or changes to the information contained in your
Directory Listing, we will use our reasonable endeavours to ensure that
information is accurately uploaded onto the Directory.
Our Reserved Rights
In addition to our reserved rights to reject, refuse and remove your
Directory Listing for any reason and at any time, we also reserve the
rights to, at any and all times and without notice to you:
- monitor your Directory Listing to ensure that you
are complying with these Terms and Conditions; and
- record the outcomes of our monitoring activities,
without any obligation to disclose or report the outcomes of our
monitoring activities to you.
Charges
IT-Directory.co.za Directory Standard listings are currently R349 per year.
We reserve the right to change, charges
for Directory listings, from time to time. If we do so, we will notify
you at the address contained in your Directory Listing or at the contact
address provided by you, within a reasonable time before the introduction
or change takes effect.
If you do not agree with the introduced or changed listing charges, you
are required to immediately remove (if you have a Security Access Password)
or otherwise notify us by Contacting
Us to remove your Directory Listing before the listing charges take effect.
If you do not pay the listing charges within 30 days of such charges
coming into effect or being due and payable, we reserve the right to
remove immediately and without any further notice to your Directory Listing
from the Directory.
Changes to these Terms and Conditions
We may vary any of these Terms & Conditions
at any time by giving you reasonable notice by E-mail at the contact
address provided by you or as posted on your Directory Listing or by
notice on the IT-Directory.co.za website or the Directory webpage.
If you object to the changes to these Terms and Conditions, you must
(if you have a Security Access Password) immediately remove or (if you
do not have a Security Access Password) notify us by Contacting
Us so that we may remove your Directory Listing. If you allow or permit your Directory
Listing to remain on the Directory subsequent to notification of changes
to these Terms and Conditions this will be deemed to constitute acceptance
by you of and bind you to these Terms and Conditions as changed.
Our Disclaimer and Liability
We make no warranty or representation:
- that the operation of and access to the Directory
will be uninterrupted or error-free. You acknowledge and accept that
we will not be liable to you for the consequences of any interruptions
in accessing or errors contained in the Directory; and
- in relation to access or the extent of any access
to the Directory by users of the IT-Directory.co.za website.
You acknowledge that no data transmission over the Internet can be guaranteed
to be 100% secure. While we strive to protect your information from misuse,
loss and unauthorised access, we cannot guarantee the security of any
information you transmit to us or contained on the Directory. You accept
that these activities are conducted at your own risk.
To the extent permitted by law, neither we nor any of our officers, employees,
agents or related bodies corporate will be responsible or liable in any
way (including for negligence) for any loss, damage, liability or costs
incurred suffered or sustained by you or claims made against you, and
you agree not to make any claim against us, due to or arising out of:
- the posting of or failure by us to post your Directory
Listing (in whole or in part),
- any inaccuracies contained in your Directory Listing,
- any reliance by any person upon the information
contained in your Directory Listing, or
- any failure in the operation of or access to the
Directory.
To the extent permitted by law, all warranties, conditions and
representations by us are excluded. If a term is implied by law into
these Terms & Conditions and the law prohibits provisions in a
contract excluding or modifying liability under that term, then it will
be included in these Terms & Conditions. However, our liability for
breach of such term will be limited, at our option, to one or more of
the following:
- in relation to goods:
- the replacement of the goods or the supply of equivalent
goods;
- the repair of such goods;
- the payment of the cost of replacing the goods
or acquiring equivalent goods; or
- payment of the cost of having the goods repaired;
and
- in relation to services:
- the supply of the services again; or
- the payment of the cost of having the services
supplied again.
Indemnity by You
You indemnify us from and against all losses, damages, liabilities or
costs directly or indirectly suffered or incurred by us (including as
a result of a claim by a third party) due to or arising out of or in
any way connected to:
- any breach of these Terms and Conditions (including
warranties) by you; or
- your use or misuse of the Directory or the Security
Access Password issued to you.
Suspension and Termination
We may suspend your Directory Listing immediately at any time without
liability to you if you breach these Terms and Conditions (or we reasonably
suspect you have breached these Terms and Conditions) or if suspension
is required for technical reasons.
If we become aware of or suspect or you notify us that the Security Access
Password has become unsecured or unauthorised persons have gained access
to that password, we will suspend your Security Access Password immediately
without liability to you and, at our option, subject to receiving appropriate
verification and authentication documentation from you, provide you with
another Security Access Password.
We may terminate and remove your Directory Listing, immediately at any
time and without notice to you, if:
- you breach any of these Terms and Conditions including
any warranties given by you;
- you or any person misuses the Directory Listing;
- there are reasonable grounds to suspect that any
information provided by
- you in your Directory Listing is false, misleading,
deceptive, incomplete or incorrect;
- you have engaged in any conduct or practice that
comes to our attention that is detrimental or harmful to our good
name, reputation or interests;
- we receive a notification or direction from the South African Broadcasting Authority regarding your Directory Listing;
or
- you enter into insolvency administration.
You may at any time and for any reason remove your Directory Listing
from the Directory by either:
- removing your Directory Listing yourself if you
have a Security Access Password; or
- notify us by Contacting
Us so that we may remove your Directory Listing.
Disputes
Prior to resorting to any external dispute resolution process, you and
we agree to use best endeavours to use mediation and negotiation to resolve
any dispute arising out of or relating to these Terms and Conditions
(including any breach or termination of your Directory Listing). Please
notify us of any dispute you may have by Contacting
Us .
Governing Law
These Terms and Conditions are governed by the law in force in South Africa, and we and you irrevocably submit to the non-exclusive
jurisdiction of the Courts of South Africa and Courts of Appeal
from them for determining any dispute concerning the same.
General
If any of these Terms & Conditions are
invalid or unenforceable, it will be struck out and the remaining terms
and conditions will remain in force.
If we do not act in relation to a breach by you of these Terms & Conditions,
this does not waive our right to act with respect to that or subsequent
or similar breaches.
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