Terms and Conditions

Before you begin to use the services on this website, please read these terms and conditions for use. If you do not understand or do not agree with these terms and conditions for use, please navigate away from this website and refrain from using the services.

These terms and conditions constitute the rules and conditions for access to, use of and supply of information from this website. Through your use of this website and related services, you acknowledge and agree to these terms and conditions for use.

These terms and conditions for use may be amended by us from time to time and published on this website. These amendments may be made without any notice to you and apply to your next usage of this website. You are responsible for ensuring awareness of these terms and conditions of use by regularly reviewing this website and these terms and conditions for use. Your continued use of this website and related services after any amendments are made by us to these terms and conditions for use, will be deemed to constitute your acceptance of such amendments.

If you object to any of the terms and conditions of use or any subsequent amendments to the terms and conditions, alternatively if you become dissatisfied with your use of the services, your only remedy is to stop using the services and this website.

Businesses (through their members, directors, employees, contractors, agents, representatives, digital agencies or SEO consultants) make available for publication on this website information or material including text, sound, music, software, photograph, video, data, graphics, image, logo, button icon, audio clip, message, link, digital map data, directory listing or any other content.

If contents of websites from businesses listed with us, alternatively hyperlinks and other redirection tools taking the user to the websites of businesses listed with us or other websites operated by third parties appear on this website, you acknowledge that these external sites are not controlled by us and do not form part this website and agree that you will not hold us liable or accountable in any way for anything that occurs on/ due to external sites. You acknowledge that you would need to read and agree to the separate terms and conditions of the websites from businesses listed with us, before using their services. You further acknowledge that List My Biz does not take responsibility for any loss or damages that may occur to you due to your use of external sites of businesses listed with us.

1. Breach

We reserve the right to suspend, terminate or limit your access to all or part of our services, or discontinue or disable our services to you, on either a permanent or temporary basis, at any time, should you breach any of our term(s) or condition(s) of use herein, or any of our term(s) or condition(s) in our content policy or other policies.

2. No unlawful, infringing or offensive activity

You must not post, transmit to or via this website (including any features, functions, online transactions, search engines, business listing information, quotes and/or other products or services offered by us from time to time) information or content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to take any such actions.

Examples of such unlawful, infringing or offensive contents/ actions includes content that:

is false, misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another’s privacy;
inappropriate in our opinion;
is an infringement of the intellectual property rights of another party;
is not owned by you;
may encourage criminal activity;
contravenes any applicable laws, regulations, codes and standards;
disturbs or damages this website, services or its content;
damages us or our reputation; or
otherwise breaches these term(s) and condition(s) of use.

We may refuse to display any content or withdraw any content you provide us with for display on this website, at our absolute discretion, if we consider it to be in breach of our terms and conditions of use, alternatively if we are instructed to do so by any third party or authority.

No viruses or other interference

You must not transmit to or via the services any virus or any other information or material or otherwise use the services in a way which:

interferes with, hinders the operation of, or makes unauthorised modifications to the services;
inhibits any other user from using the services;
violates the security of the services or accesses any other unauthorised areas of the services.

Fair use by Advertisers

An Advertiser may only submit content relating to the Advertiser’s business. An Advertiser may not advertise under a business name that is not owned by the Advertiser.

Fair use by users

All content made available on or via the services is provided for informational purposes only. The content may only be used and reproduced for personal and non-commercial use. The following are examples of unacceptable use: (a) Content framing; (b) Content scaping; Content data-mining; (d) Content extraction; (e) Content re-distribution; mirroring of material; or using this website in any way which would interfere with its operation for other parties.

3. Disclaimer

By using this website you agree to abide by and acknowledge the following disclaimers:

We simply operate a marketplace platform and we are not involved in any resulting transaction between Advertisers and customers who contract their services after first being introduced via this website.
We have no control over the truth, accuracy, quality, safety or legality of the items or services offered by Advertisers or the ability of Advertisers to provide the services offered sufficiently, on time or at all.
We cannot and do not confirm any Advertiser’s purported identity.
In the event that you have a dispute with one or more users of this website, you release us (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from liability, claims, demands and damages of any kind and nature arising (whether directly or indirectly) out of such dispute.
You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of or advertisers on this website. We do not validate or take responsibility for the financial standing of Advertisers or users.
You unconditionally release us from any liability in the event that you deal with underage persons or people acting under false pretence or people operating scams or other unlawful schemes.
Search results are based on a number of factors, which can change from time to time. We make no warranties as to the order in which Advertiser listings appear in search results, if at all.

4. Intellectual property

Licence to use your information

Solely to enable us to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, irrevocable, perpetual, transferable, fee-free right to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business and the right to sublicence those rights to others. We also reserve the right not to use the content that you submit.

You warrant that you have all of the necessary rights, including copyright, in the content you contribute; that your content is not defamatory and that your content does not breach any laws. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by you or by us as a result of a breach of this warranty.

Attribution

You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in an any information provided by you.

Copyright

All copyright and other intellectual property rights subsisting in the services and the content and material on this website (including, without limitation, the software, design, text and graphics and the selection and layout of this website) are owned by or licensed to us and protected by copyright under the laws of South Africa.

You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the services or the content on the services except as permitted by statute or with our written consent.

5. Warranty

You agree to accept sole responsibility for the legality of your actions according to the South African laws. You agree that we are not responsible for the legality of the actions of users of the services or advertisers on our services.

6. Indemnity

You indemnify and release us (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms of Use or your violation of and law or the rights of a third party.

7. No Agency

You and us are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by these terms and conditions of use/ agreement or your use of the services.

8. Governing Law

These terms and conditions of use are governed by the laws of South Africa. You agree to the jurisdiction of the courts of South Africa and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.