Disclaimer

WEBSITE TERMS AND CONDITIONS



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

 
Preface Definitions and Interpretations
DEFINITIONS AND INTERPRETATION

a) "The Biztown Website" means the Biztown website, owned and operated by Biztown Media(Pty) Ltd and located at http://www.biztown.co.za, including any page, part or element thereof (This covers all websites owned and operated by Biztown);

b) "BIZTOWN" means Biztown Media (Pty) Ltd, registration number 2010/011683/07, including its subsidiaries, owners, shareholders and business units;

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

d) References herein to the singular includes the plural and vice versa; and

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.


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  1. GENERAL
    1. Biztown licenses the User to view and print the content of the Biztown 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. Content from the Biztown website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Biztown
    3. Users may only access, browse and use the Biztown website for legitimate personal or commercial purposes and may not use the Biztown website or any Biztown services and/or products for:
      1. Harmful purposes;
      2. Illegal purposes;
      3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
      4. The creation, storage and sending of unsolicited commercial communications.


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  2. ALLOWED USE AND LICENSE
    1. The caching of the Biztown website shall only be allowed if:-
      1. The purpose of the caching is to make the onward transmission of the content from the Biztown website more efficient;
      2. The cached content is not modified in any manner whatsoever.
    2. If any User uses content from the Biztown website in breach of the provisions detailed herein:-
      1. Biztown reserves the right to claim damages from the User;
      2. Biztown reserves the right to institute criminal proceedings against the User; and
      3. Biztown 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.
    3. Hyperlinks to the Biztown website from any other source shall be directed at the home page of the Biztown website. Links beyond the Biztown home page may be used but the user is still subjected to the terms and conditions.
    4. Biztown 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 Biztown website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Biztown website. Persons that wish to link to pages beyond the home page of the Biztown website without Biztown's prior written consent shall do so at their own risk and indemnify Biztown against any loss, liability or damage that may result from the use of such hyperlinksBiztown's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
    5. Users may quote small and reasonable amounts of content available from the Biztown website and only if such a quote is placed in inverted commas and acknowledged.
    6. No person may, without the prior written consent of Biztown, frame the Biztown website in any manner whatsoever.
    7. Apart from bona-fide search engine operators and use of the search facility provided on the Biztown website by Users, no person may use or attempt to use any technology or applications, without the prior written consent Biztown.
    8. E-mail addresses, names, telephone numbers and fax numbers published on the Biztown website (Including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.
    9. 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 Biztown at any time without prior notice or reasons.


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  3. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property on the Biztown 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 Biztown 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 Biztown website are expressly reserved.
    2. No person may use logos, icons or trade marks from the Biztown website as hyperlinks or other purposes without Biztown's prior written consent.


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  4. SOFTWARE AND EQUIPMENT
  5. 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 Biztown website to perform searches for advertisers on the Biztown website.


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  6. DISCLOSURES


  7. These terms and conditions as well as product and / or service specific terms and conditions govern the services from or through the Biztown website.

    Access to the services, content and software available from the Biztown website may be classified as "electronic transactions" and Biztown has, amongst others, the duty to disclose the following information:
    1. The full name and legal status of the website owner: Biztown (Pty) Ltd, registration number 2010/011683/07.
    2. Management Team: http://www. biztown.co.za/
    3. Street address: 43 Ryder Drive, Mount Edgecombe, KZN, South Africa.
    4. Postal address: PO Box 2022, Mount Edgecombe, 4300
    5. Physical address for receipt of legal service: 43 Ryder Drive, Mount Edgecombe, KZN, South Africa.
    6. Main business: Advertising services provider, see http://www.biztown.co.za/
    7. The website addresses of the Biztown website is: http://www.biztown.co.za
    8. Description of goods and / or services: http://www.biztown.co.za
    9. The costs associated with the access and use of content, products and services available on the Biztown website are as follows:-
      1. General website content free;
      2. Bulk supply needs to be motivated and requested in written form from Biztown.


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  8. DISPUTE RESOLUTION


    1. Dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:-
      1. access to the Biztown website;
      2. the inability to access the Biztown website;
      3. the services and content available from the Biztown website; or
      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 Durban 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;
    2. Users may lodge complaints concerning the Biztown website with Biztown at info@biztown.co.za Users hereby assign the copyright in such complaints to Biztown and understand that Biztown may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.


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  9. CHANGES AND AMENDMENTS


  10. Biztown reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

    1. change these terms and conditions;
    2. change the content and/or services available from the Biztown website;
    3. discontinue any aspect of the Biztown website or service(s) available from the Biztown website; and/or
    4. change the software and hardware required to access and use the Biztown website.


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  11. PRIVACY
    1. Biztown 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.info.gov.za/view/DownloadFileAction?id=68186
    2. Biztown may electronically collect, store and use the following personal information of Users:-
      1. name and surname;
      2. street address;
      3. postal address;
      4. title;
      5. contact numbers;
      6. non-personal browsing habits and click patterns;
      7. e-mail address;
      8. IP address.
    3. Biztown collects, stores and uses the abovementioned information for the following purposes:-
      1. Communicate requested information to the User;
      2. Provide services to the User as requested by the User;
      3. Bill the user for hosting his or her profile
    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.
    5. Biztown may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:-
      1. Biztown shall not disclose personal information from Users unless the User consents thereto;
      2. Biztown shall disclose personal information without the User's consent only through due legal process; and
      3. Biztown may compile, use and share any information that does not relate to any specific individual.
    6. Biztown owns and retains all rights to non-personal statistical information collected and compiled by Biztown.


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  12. SECURITY
    1. Biztown shall take all reasonable steps to secure the content of the Biztown website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Biztown does not make any warranties or representations that content shall be 100% safe or secure.
    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 Biztown website or the server and computer network that support the Biztown website.
    3. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Biztown website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Biztown harmless against any and all liabilities, damages, risks and losses that Biztown and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
    4. Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Biztown website and Biztown 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 programmes.


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  13. DISCLAIMER AND LIMITATION OF LIABILITY
    1. Biztown (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:-
      1. access to the Biztown website;
      2. access to websites linked to the Biztown website;
      3. inability to access the Biztown website;
      4. inability to access the Biztown website;
      5. content available on the Biztown website;
      6. services available from the Biztown website;
      7. products available from the Biztown website;
      8. use of content from the Biztown website; and/or
      9. any other reason not directly related to Biztown's gross negligence.
    2. The Biztown 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 Biztown , that the content available from and through the Biztown website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
    3. Information, ideas and opinions expressed on the Biztown website should not be regarded as professional advice or the official opinion of Biztown and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Biztown website.
    4. Biztown does not make any warranties or representation that content and services available from the Biztown website shall in all cases be true, correct or free from any errors. Biztown shall take all reasonable steps to ensure the quality and accuracy of content available from the Biztown website.
    5. Biztown does not make any warranties or representations that the Biztown website shall be available at all times. Users acknowledge that the Biztown website may be unavailable due to updates or other causes beyond the reasonable control of Biztown , including, but not limited to virus infection, unauthorized access (hacking), power failure or other acts of God.


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  14. REMOVAL AND CORRECTION OF CONTENT
  15. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the TRUDON website to TRUDON (formerly known as TDS Directory Operations) and TRUDON (formerly known as TDS Directory Operations) undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.


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  16. INTERCEPTION OF COMMUNICATIONS
  17. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Biztown'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 Biztown website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.


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  18. ENTIRE AGREEMENT AND SEVERABILITY
    1. These terms and conditions constitute the entire agreement between Biztown and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Biztown from the User.
    2. Any failure by Biztown to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
    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.


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  19. AGREEMENT CONDITIONS
  20. The User and Biztown agree that:-
    1. the User shall be bound to these term and conditions and such agreement is concluded in Durban (South Africa) at the time the User enters the Biztown website for the first time;
    2. electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and Biztown.


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  21. APPLICABLE AND GOVERNING LAW
  22. The Biztown 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 Biztown website, its content, services, products and these terms and conditions.


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