| 1. GENERAL | |
|---|---|
| Eezy2find cc is a simple service directory that provides local numbers to the areas it serves within South Africa. In Addition it has a link to the Meettheowners.net website using the marketing tools that Meettheowners site provides. This relationship offers access to the latest product and technological innovations available worldwide. EEZY2FIND.COM currently distributes brochures in a paper based meduim to households situated throughout South Afica providing thousands of users a listing of essential numbers requires on a daily basis. The EEZY2FIND.COM Value Chain in terms of its business application offers a printed media concept alongside a web based presence for all business owners listed on Eezy2find | |
| EEZY2FIND.COM has a well-developed professional infrastructure including experienced staff, proprietary tools and publishing software underpinned by sound financial controls and a history which enables EEZY2FIND.COM to back its members with a sound business plan. | |
| 2. ALLOWED USE AND LICENSE | |
| 2.1 | EEZY2FIND.COM licenses the User to view and print the content of the EEZY2FIND.COM 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 EEZY2FIND.COM website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of EEZY2FIND.COM. |
| 2.3 | Users may only access, browse and use the EEZY2FIND.COM website for legitimate personal or commercial purposes and may not use the EEZY2FIND.COM website or any EEZY2FIND.COM 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 EEZY2FIND.COM 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 EEZY2FIND.COM 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 EEZY2FIND.COM website in breach of the provisions detailed herein:- |
| 2.5.1 | EEZY2FIND.COM reserves the right to claim damages from the User; |
| 2.5.2 | EEZY2FIND.COM reserves the right to institute criminal proceedings against the User; and |
| 2.5.3 | EEZY2FIND.COM 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 EEZY2FIND.COM website from any other source shall be agreed upon from the owners of the company and needs to be in writing. |
| 2.7 | EEZY2FIND.COM 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 EEZY2FIND.COM website, if such content, products or services was accessed through a hyperlink not directed at the home page of the EEZY2FIND.COM website. Persons that wish to link to pages beyond the home page of the EEZY2FIND.COM website without EEZY2FIND.COM's prior written consent shall do so at their own risk and indemnify EEZY2FIND.COM against any loss, liability or damage that may result from the use of such hyperlinks. EEZY2FIND.COM'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 EEZY2FIND.COM 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 EEZY2FIND.COM, frame the EEZY2FIND.COM website in any manner whatsoever. |
| 2.10 | Apart from bona-fide search engine operators and use of the search facility provided on the EEZY2FIND.COM website by Users, no person may use or attempt to use any technology or applications, without the prior written consent of EEZY2FIND.COM. |
| 2.11 | E-mail addresses, names, telephone numbers and fax numbers published on the EEZY2FIND.COM 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 EEZY2FIND.COM at any time without prior notice or reasons. |
| 3. INTELLECTUAL PROPERTY RIGHTS | |
| 3.1 | All intellectual property on the EEZY2FIND.COM 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 EEZY2FIND.COM 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 EEZY2FIND.COM website are expressly reserved. |
| 3.2 | No person may use logos, icons or trade marks from the EEZY2FIND.COM website as hyperlinks or other purposes without EEZY2FIND.COM'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 EEZY2FIND.COM website to perform searches for advertisers on the EEZY2FIND.COM 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 EEZY2FIND.COM website. | |
| Access to the services, content and software available from the EEZY2FIND.COM website may be classified as "electronic transactions and EEZY2FIND.COM has, amongst others, the duty to disclose the following information: | |
| 5.1 | The full name and legal status of the website owner: Eezy2find cc, registration number CK 2009/165751/23 |
| 5.2 | Management Team: http://www.Eezy2find.com |
| 5.3 | Street address: 20 Silver Avenue, Stamford Hill, KZN, South Africa, 4001. |
| 5.4 | Postal address: 20 Silver Avenue, Stamford Hill, KZN, South Africa, 4001 |
| 5.5 | Physical address for receipt of legal service: 20 Silver Avenue, Stamford Hill, KZN, South Africa, 4001 |
| 5.6 | Main business: Directory services provider, see http://www.Eezy2find.com |
| 5.7 | The website addresses of the EEZY2FIND.COM websites are: http://www.Eezy2find.com |
| 5.8 | Codes of conduct to which EEZY2FIND.COM subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics. |
| 5.9 | Description of goods and / or services://www.Eezy2find.com.co.za |
| 5.10 | The costs associated with the access and use of content, products and services available on the EEZY2FIND.COM 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 EEZY2FIND.COM. |
| 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 availableon 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 EEZY2FIND.COM website; |
| 5.13.2 | the inability to access the EEZY2FIND.COM website; |
| 5.13.3 | the services and content available from the EEZY2FIND.COM website; or |
| 5.13.4 | these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundationof 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 EEZY2FIND.COM website with EEZY2FIND.COM at support@Eezy2find.com. Users hereby assign the copyright in such complaints to EEZY2FIND.COM and understand that EEZY2FIND.COM 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 | |
| EEZY2FIND .COM 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 EEZY2FIND.COM website; |
| 6.3 | discontinue any aspect of the EEZY2FIND.COM website or service(s) available from the EEZY2FIND. COM website; and/or |
| 6.4 | change the software and hardware required to access and use the EEZY2FIND. COM website. |
| 7. PRIVACY | |
| 7.1 | EEZY2FIND.COM 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 |
| 7.2 | EEZY2FIND.COM 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 | EEZY2FIND.COM 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 | EEZY2FIND.COM may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:- |
| 7.5.1 | EEZY2FIND.COM shall not disclose personal information from Users unless the User consents thereto; |
| 7.5.2 | EEZY2FIND.COM shall disclose personal information without the User's consent only through due legal process; and |
| 7.5.3 | EEZY2FIND.COM may compile, use and share any information that does not relate to any specific individual. |
| 7.6 | EEZY2FIND.COM owns and retains all rights to non-personal statistical information collected and compiled by the EEZY2FIND.COM. |
| 8. HYPERLINKS TO THIRD PARTY SITES | |
| 8.1 | EEZY2FIND.COM may provide hyperlinks to websites not controlled by EEZY2FIND.COM ("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 | EEZY2FIND.COM 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 | EEZY2FIND.COM shall take all reasonable steps to secure the content of the EEZY2FIND.COM website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, EEZY2FIND.COM 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 EEZY2FIND.COM website or the server and computer network that support the EEZY2FIND.COM website. |
| 9.3 | Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the EEZY2FIND.COM website, whether on purpose or negligently, shall, without any limitation, indemnify and hold EEZY2FIND.COM harmless against any and all liabilities, damages, risks and losses that EEZY2FIND.COM 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 EEZY2FIND.COM website and EEZY2FIND.COM 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 | EEZY2FIND.COM (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 EEZY2FIND.COM website; |
| 10.1.2 | access to websites linked to the EEZY2FIND.COM website; |
| 10.1.3 | inability to access the EEZY2FIND.COM website; |
| 10.1.3 | inability to access the EEZY2FIND.COM website; |
| 10.1.5 | content available on the EEZY2FIND.COM website; |
| 10.1.6 | services available from the EEZY2FIND.COM website; |
| 10.1.7 | products available from the EEZY2FIND.COM website; |
| 10.1.8 | use of content from the EEZY2FIND.COM website; and/or |
| 10.1.9 | any other reason not directly related to EEZY2FIND.COM's gross negligence. |
| 10.2 | EEZY2FIND.COM 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 EEZY2FIND.COM, that the content available from and through the EEZY2FIND.COM 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 EEZY2FIND.COM website should not be regarded as professional advice or the official opinion of EEZY2FIND.COM and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the EEZY2FIND.COM website. |
| 10.4 | EEZY2FIND.COM does not make any warranties or representation that content and services available from the EEZY2FIND.COM website shall in all cases be true, correct or free from any errors. EEZY2FIND.COM shall take all reasonable steps to ensure the quality and accuracy of content available from the EEZY2FIND.COM website. |
| 10.5 | EEZY2FIND.COM does not make any warranties or representations that the EEZY2FIND.COM website shall be available at all times. Users acknowledge that the EEZY2FIND.COM website may be unavailable due to updates or other causes beyond the reasonable control of EEZY2FIND.COM, 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 EEZY2FIND.COM website to EEZY2FIND.COM and EEZY2FIND.COM 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 EEZY2FIND.COM'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 EEZY2FIND.COM 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 EEZY2FIND.COM and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by EEZY2FIND.COM from the User. |
| 13.2 | Any failure by EEZY2FIND.COM 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 EEZY2FIND.COM 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 EEZY2FIND.COM website for the first time; |
| 14.2 | electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and EEZY2FIND.COM. |
| 15. APPLICABLE AND GOVERNING LAW | |
| The EEZY2FIND.COM 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 EEZY2FIND.COM website, its content, services, products and these terms and conditions. | |
| 16. LEGAL COSTS | |
| EEZY2FIND.COM shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions. | |