IZA Business Directory | Terms And Conditions

1. GENERAL AND DEFINITIONS

1.1 The IZA Business Directory website is located at http://businessdirectory.iza.co.za.

1.2 The IZA Business Directory website was designed by The Broken Lizard Design Studios and;

1.3 maintained by IZA (see http://www.iza.co.za).

1.4 IZA, IZA Business Directory, The Broken Lizard Design Studios is owned by InfoshopSA cc.

1.5 Definition of "User":
1.5.1 A "User" is a person browsing the internet and the IZA Websites.

1.6 Definition of "Advertisement(s)":
1.6.1 Advertisement on the IZA Business Directory and Business Listings in the IZA Business Directory.

2. ALLOWED USE AND LICENSE

2.1 IZA Business Directory licenses the User to view and print the content of the IZA Business Directory 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 IZA Business Directory website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IZA Business Directory.

2.3 Users may only access, browse and use the IZA Business Directory website for legitimate personal or commercial purposes and may not use the IZA Business Directory website or any IZA Business Directory 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 IZA Business Directory 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 IZA Business Directory 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 IZA Business Directory website in breach of the provisions detailed herein:-

2.5.1 IZA Business Directory reserves the right to claim damages from the User;

2.5.2 IZA Business Directory reserves the right to institute criminal proceedings against the User; and

2.5.3 IZA Business Directory 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 IZA Business Directory website from any other source shall be directed at the home page of the IZA Business Directory website. Links beyond the IZA Business Directory home page may be used but the user is still subjected to the terms and conditions.

2.7 IZA Business Directory 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 IZA Business Directory website. Persons that wish to link to pages beyond the home page of the IZA Business Directory website without IZA Business Directory's prior written consent shall do so at their own risk and indemnify IZA Business Directory against any loss, liability or damage that may result from the use of such hyperlinks. IZA Business Directory'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 IZA Business Directory 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 IZA Business Directory, frame the IZA Business Directory website in any manner whatsoever.

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

2.11 E-mail addresses, names, telephone numbers and fax numbers published on the IZA Business Directory 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 IZA Business Directory at any time without prior notice or reasons.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All intellectual property on the IZA Business Directory 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 IZA Business Directory 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 IZA Business Directory website are expressly reserved.

3.2 No person may use logos, icons or trade marks from the IZA Business Directory website as hyperlinks or other purposes without IZA Business Directory'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 IZA Business Directory website to perform searches for advertisers on the IZA Business Directory 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 IZA Business Directory website.

Access to the services, content and software available from the IZA Business Directory website may be classified as "electronic transactions" and IZA Business Directory has, amongst others, the duty to disclose the following information:

5.1 The full name of the website owner: InfoshopSA cc.

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

5.3 Postal address: Postal Box 24794, Gezina, Pretoria, 0031, South Africa.

5.4 Main business: IZA, see http://www.iza.co.za/

5.5 The website addresses of the IZA and IZA Business Directory websites are: http://www.iza.co.za and http://www.business-directory.iza.co.za;

5.6 Codes of conduct to which IZA Business Directory subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics.

5.7 Description of goods and / or services: http://www.business-directory.iza.co.za and http://www.iza.co.za.

5.8 The costs associated with the access and use of content, products and services available on the IZA Business Directory website are as follows:-

5.8.1 General website content free;

5.9 Access to, saving and printing of terms:

5.9.1 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.

5.10 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.

5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:-

5.11.1 access to the IZA Business Directory website;

5.11.2 the inability to access the IZA Business Directory website;

5.11.3 the services and content available from the IZA Business Directory website; or

5.11.4 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.

6. CHANGES AND AMENDMENTS

IZA Business Directory 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 IZA Business Directory website;

6.3 discontinue any aspect of the IZA Business Directory website or service(s) available from the IZA Business Directory website; and/or

6.4 change the software and hardware required to access and use the IZA Business Directory website.

7. PRIVACY

7.1 IZA Business Directory 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 IZA Business Directory 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.

7.3 IZA Business Directory 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;

7.3.3 Authenticate the User;

7.3.4 Compile non-personal statistical information about browsing habits, click patterns and access to the IZA Business Directory website.

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 IZA Business Directory may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:-

7.5.1 IZA Business Directory shall not disclose personal information from Users unless the User consents thereto;

7.5.2 IZA Business Directory shall disclose personal information without the User's consent only through due legal process; and

7.5.3 IZA Business Directory may compile, use and share any information that does not relate to any specific individual.

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

8. HYPERLINKS TO THIRD PARTY SITES

8.1 IZA Business Directory may provide hyperlinks to websites not controlled by IZA Business Directory ("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 IZA Business Directory 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, inability to use or content available on or through target sites.

9. SECURITY

9.1 IZA Business Directory shall take all reasonable steps to secure the content of the IZA Business Directory website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, IZA Business Directory 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 IZA Business Directory website or the server and computer network that support the IZA Business Directory website.

9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the IZA Business Directory website, whether on purpose or negligently, shall, without any limitation, indemnify and hold IZA Business Directory harmless against any and all liabilities, damages, risks and losses that IZA Business Directory 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 programme designed to breach or overcome the security measures of the restricted pages, products and services on the IZA Business Directory website and IZA Business Directory 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.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 IZA Business Directory (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 IZA Business Directory website;

10.1.2 access to websites linked to the IZA Business Directory website;

10.1.3 inability to access the IZA Business Directory website;

10.1.4 inability to access websites linked to the IZA Business Directory website;

10.1.5 content available on the IZA Business Directory website;

10.1.6 services available from the IZA Business Directory website;

10.1.7 products available from the IZA Business Directory website;

10.1.8 use of content from the IZA Business Directory website; and/or

10.1.9 any other reason not directly related to IZA Business Directory's gross negligence.

10.2 IZA Business Directory 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 IZA Business Directory, that the content available from and through the IZA Business Directory website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

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

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

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

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the IZA Business Directory website to IZA Business Directory and IZA Business Directory 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.

12. INTERCEPTION OF COMMUNICATIONS

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

13. ENTIRE AGREEMENT AND SEVERABILITY

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

13.2 Any failure by IZA Business Directory 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 IZA Business Directory agree that:-

14.1 the User shall be bound to these term and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the IZA Business Directory website for the first time;

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

15. APPLICABLE AND GOVERNING LAW

The IZA Business Directory 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 IZA Business Directory website, its content, services, products and these terms and conditions.

16. LEGAL COSTS

IZA Business Directory, IZA and InfoshopSA cc shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.