1 General terms
1.1 The following terms and conditions (Agreement) constitutes the entire agreement between homeimprovement4u.co.za (the Website) and any person accessing the Website (the Visitor) and between the Website and any business, organisation or individual listed on the Website (the Provider). For the purposes of this Agreement the Visitor and the Provider will jointly be called the User.
1.2 By accessing or using any part of the Website or associated products and services in any way, without limitation, the User is bound by these terms and conditions.
1.3 The Website reserves the right to update these terms and conditions without notice to the User. The User's usage of any part of the Website will be subject to the most current version of these terms and conditions.
1.4 The Website aims to provide a listing of service and product providers and information, tips, resources, news, reviews and comments relevant to Home Improvement (the Business Activity) in South Africa (the Place of Business).
1.5 This Agreement is governed by the laws of New South Wales, Australia.
1.6 If any clause of these terms and conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted from this Agreement.
2 Use of the Website
2.1 In using the Website and its related content, the User should be aware of, agree to and act accordingly with respect to the following:
- Not to disrupt or interfere with the security or otherwise cause harm to the Website, it’s servers or networks connected or accessible through, system resources, passwords, accounts of the Website or its partners, or do anything which would impose an unreasonable load on our infrastructure.
- Not to post or otherwise transmit any harmful or destructive files
- Not to create a false identity or attempt to use another Users account, password, system or service
- Not to provide false, incorrect or misleading information to the Website with the intent to deceive or other mislead either the Website or other Users
- Not to copy any content or information of any nature from the Website using a scraper, spider, robot or any other means whether automated or not, for any purpose whatsoever without the prior written consent of The Website. Embed, frame or insert any portion of the Website into another website page or digital property without the prior written consent of the Website.
2.2 The Website relies on the information provided by the Providers that have created a listing and publicly available information gathered from public sources. Whilst we endeavour to ensure this information is correct, we do not conduct detailed ongoing checks on all this information and thus this information may become out of date or incorrect over time. We advise the Visitor to check all information in advance directly with the Provider before traveling to their business, booking an activity, engaging their services or purchasing their products.
2.3 If there is any incorrect or misleading information on the Website please contact us and we will investigate and take action if appropriate.
2.4 The Website has no commercial relationships with any of the businesses, organisations and individuals (the Providers) listed on the Website, other than providing advertising, listing and content opportunities, and thus does not represent or endorse any provider in any capacity and makes no representations on their behalf.
2.5 The Visitor should review and make decisions based on their own independent assessment of the Providers listed on the Website, based on their specific requirements. The Visitor should contact and assess the nature, value, validity, availability and applicability of the Providers listed on the Website relative to their requirements, their financial position, their age, physical and mental ability as well as their geographic location by contacting the Providers direct and reviewing their website if they have one. The decision around engaging and transacting with the Providers is the Users alone. The Website bears no responsibility, and the User bears the full responsibility, for choosing and assessing the suitability of the Providers listed on the Website.
2.7. While the Website may from time to time provide tips, recommendations and advice around the Business Activity, the Visitor should always assess their individual requirements on an ongoing basis and act accordingly. If in doubt the Visitor should contact a professional in that area to provide advice specific to their requirements.
2.8 The Most Popular Awards are determined by the levels of visits, engagement and positive reviews received by a Provider from the Visitors to the Website in a calendar year in relation to their local business competitors. The Website does not determine these rankings other than gathering and ranking the data provided by the Visitors to the Website. The Website thus does not take any responsibility for the order of the most popular rankings, or inclusion or exclusion of businesses from the most popular rankings.
2.9 The Website does not accept bookings or payments, on behalf of the Providers listed on the Website, and as such all financial transactions and bookings should be confirmed and agreed between the Visitor and the Provider. We advise the Visitor to confirm all circumstances and requirements (including but not limited to; scope, pricing, dates, deliverables and activities) prior to payment to the Provider and ensure there is written or electronic confirmation from the Provider covering all of the above.
2.10 The Website integrates listings with Google Maps to help the Visitor to view the location of the Provider in the local area. These locations should be considered as a guideline only, and the actual address confirmed for the Provider before traveling to their business, booking an activity, engaging their services or purchasing their products.
2.11 All information provided by the Website in relation to potential increases in leads and visibility from updating, improving and upgrading listings are based on the average increases that have historically been achieved across relevant businesses in our database. A Provider should take into account that increases for individual businesses may vary significantly from the averages provided.
2.12 Any person submitting or claiming a business listing should be 16 years or older.
2.13 Any Visitor wanting to contact a Provider or join the Website community should be at least 13 years old and should be acting with specific consent from their parents.
3 Content Provided to the Website
3.1 By submitting any content, reviews or comments (Content), the Visitor gives the Website a world-wide, nonexclusive, royalty free, perpetual, transferable and irrevocable license to reproduce, communicate, change, duplicate, adapt, distribute, publish that Content and/ or create derivative works or otherwise use on the Website, related media and on any platform around the world, and in addition to use the name used in connection with the Content at our discretion. The Visitor agrees that all Content submitted to the Website is non-proprietary, not confidential.
3.2 The Provider agrees and understands that the Website does not edit or control Visitor submissions, including reviews and comments posted on the Website and as such the Website is not responsible or liable for the content of such messages, but reserves the right, nevertheless to remove these without notice or reason at the Websites sole discretion.
3.3 By using areas of the site where the User can access or provide content of any nature, the User acknowledges that all of their contributions are their own work and they are solely responsible for their use of these areas and use them at their own risk.
3.4 By using these areas of the Website and/or submitting content of any nature, the User agrees not to upload or attempt to upload, share, post, create or publish in any matter whatsoever the following:
- Any content or information of any type or nature which is blatantly incorrect.
- Any content or information of any type or nature, which is illegal, may promote illegal behaviour or intent, misleading, libellous, defamatory, racist, promotes hatred, promotes physical harm in any way, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable
- Any content or information of any type or nature which would constitute, encourage or promote instructions relating to any matters mentioned above
- Any content or information of any type or nature which may violate the rights of any party, including patent and/ or trademarks, trade secrets, copyright or other intellectual property rights
- Any private information of any third party, including without limitation surname or family name, home address, personal email address, private telephone numbers including mobile numbers, credit card numbers, car registration details or position within the organisation.
- Content or information of any type or nature that attempts to impersonate or misrepresent an affiliation with a third party, including the Website
- Unsolicited promotions, spam, advertising, political campaigning, competitions, links unrelated to the content and purely for the purposes of traffic.
- Content containing commercial activities, including coupons, specials, advertising or any related activities without the prior written consent of the Website
- Links to content what may violate the sub sections above
3.5 The Website takes no responsibility and accepts no liability whatsoever for any content or information of any type or nature, stored or uploaded by any User, or for any loss or damage as a result, including mistakes, libel, slander, defamation, obscenity, pornography, profanity, omissions or falsehoods contained in the Website or related properties as a result.
3.6 The Website is not liable for any content, statements or representations (the Content) made by any User anywhere on the Website. While the Website has no obligation to screen, edit or monitor any User Content of this nature, the User hereby consents to give the Website the right to remove, edit or screen without notice User Content of all forms and nature at any time and for any reason at their own discretion.
3.7 The User is solely responsible for any backup copies required of their Content and replacing any content they may have submitted at their sole cost and expense. The Website bears no responsibility or liability for the outcomes of altered or removed user submissions in general.
3.8 Should these terms and conditions not be adhered to with respect to submitted content, including reviews and comments of any type or nature, the Users rights of use of any part of the Website may be withdrawn, terminated, deleted or edited at the sole discretion of the Website. In addition, the Website reserves the right to share any and all User content and submissions with law enforcement agencies should they be required by law.
3.9 The User acknowledges that reviews published may not always be correct or reliable and as such should not be relied upon, other than as general information.
3.10 Where a Provider is a member or is affiliated with a relevant professional body, the Provider must ensure their submissions, listing details and any content of any nature complies with the rules and regulations of that specific body with respect to the Website and its business model. The Website may from time to time request proof of membership to include a Provider in a certain category, but at all times the onus is on the Provider to ensure all and any information and content of any nature provided is accurate and is compliant with the rules and regulations of the applicable professional body. Where Providers intentionally breach these rules, they shall be held liable for any penalties incurred by the Website as a result of such breach.
4 Business Listings - Free
4.1 A Provider can use the Website to add, amend and/or update a business listing, as well as to respond to related user reviews or comments, only if this is done based on the terms of this Agreement.
4.2 All business listings must be related to the Business Activity and be located in defined Place of Business, as defined in this Agreement.
4.3 A Provider must not add or amend a business listing on the Website without having the express authorisation of that business to do so.
4.4 All content must be accurate and complete, not be of a nature to bring the Website into disrepute and must comply with all relevant regulation, laws, standards and relevant industry codes.
4.5 The Provider is responsible for keeping their business listing up to date with new and relevant information.
4.6 All content submitted to the Website must belong to the business and should not breach any copyright, intellectual property, business or any other law or legal requirement.
4.7 All content submitted must be suitable for minors and not be obscene, false, misleading, defamatory or deceptive in anyway and must not contain pornography, adult sexual content, sex related merchandising or nudity.
4.8 The Website has the sole discretion to decide which businesses it will list on the Website.
4.9 The Website has the right to remove any business listing for any reason at any time, without the need to provide an explanation and without any damages applying.
4.10 The Website reserves the right to remove or amend content at its sole discretion.
4.11 All submissions of content to the Website will automatically grant an unconditional right of use of that content on the Website.
4.12 By creating an account and claiming or adding a listing on the Website the Provider authorises and consents to the Website contacting them for the purposes of managing their account, promotions, offers, upgrades and product changes.
4.13 The Website reserves the right to amend any features, benefits and prices of business listings at any time, without the need to provide notice and without any damages applying. The Website will make every effort to ensure featured listings are not negatively impacted due to any changes.
5 Business Listings – Featured
5.1 All of the points in the above section related to free listings apply equally to featured listings.
5.2 Featured listings offer additional benefits and features and require payment to the Website.
5.3 A Provider may not apply for a featured business listing on the Website without having the express authorisation of that business to do so.
5.4 All fees are as stated at the time of viewing on the packages and sign-up pages and exclude GST.
5.5 Payments for featured listings are made in advance for the following month.
5.6 All Featured Listing packages, will be automatically renewed and charged to the business on a monthly basis, until cancelled in writing by the client.
5.7 Subscriptions can be cancelled at any time. The effective cancellation date will be the day before the next payment is due, being one month after the previous payment date.
5.8 The business will remain on the Website as a featured listing until the next payment date and no refunds will be made for the time period between being notified of cancellation and the next payment date.
5.9 The Website has the right to terminate the Agreement and remove the business listing from the site if monthly payments are not made or any term of this Agreement are breached. Payments up to the termination date will remain payable.
5.10 Featured listings will be given priority in the search results on the Website, based on the information provided and the package they have signed up for.
5.11 Within each of the featured search results; the order of the search results will be random. There is thus no guarantee that a business listing will always appear first in a set of featured search results.
5.12 Exposure in featured listing and events areas across the site are done on a random basis.
5.13 Featured listings may appear on competitor business pages but will not occur if that competitor has a featured listing themselves.
5.14 Each featured listing package has a clearly defined set of features and inclusions – see the Packages page on the Website for more details.
5.15 The Website is not responsible for any changes to the featured listings that have the Facebook and/or Twitter feeds included in their packages, which may result from downtime, or changed or removed functionality due to changed terms and conditions from these providers.
6 Copyright and Intellectual Property
6.1 Unless otherwise stated, the Website retains copyright in all material, content, information, tools, documents, processes and files provided on the Website. All the products and services of the Website as well as their selection and arrangement are protected by copyright and other intellectual property laws and as such, unauthorised use of these will violate such laws and the terms and conditions of usage.
6.2 The Website and its partners do not grant any express or implied rights to use the property of the Website for any purposes other than specified.
6.3 The User of the Website agrees not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the Website code, offers, listings, products, functionality, features, content or services.
7 Limitation of Liability
7.1 The Website is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a User using the Website or the Providers services, products or activities listed on the Website.
7.2 The Website makes no warranties around the quality or the appropriateness of the Providers or their associated services, products or activities and is thus not responsible for any loss, damages, costs or expenses or any other claims related to the associated services, products and activities undertaken.
7.3 The Website makes no warranties around the marketing of the Website and shall market the Website as it sees fit.
7.4 The User hereby indemnifies and holds harmless the Website and its officers, and employees from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by any of them, resulting from a User accessing and using the Website.
9 Contacting the Website
9.1 Should you have any questions relating to these terms and conditions of use, please contact us using the required form and we will be happy to help.
C/o The Digital Company Pty Ltd
PO Box 239
Manly NSW 1655