Terms and Conditions

Consumer Protection Rights Notice

Website and WAP site Privacy Notice

Email Legal Notice

Access to Information

JUSTLOCAL TERMS AND CONDITIONS

1. Introduction

1. This Website Terms and Conditions derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
2. This Agreement serves to comply with legislation that affords visitors to and users of the Justlocal Website rights and to inform them of their obligations when visiting or using the Justlocal Website.
3. If a visitor to or user of the Justlocal Website does not agree with these Website Terms and Conditions of Use, they should leave the Justlocal Website. Continued use constitutes agreement.

2. Interpretation

1. The headings to the clauses of this Website Terms and Conditions are for reference purposes only.
2. Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related expressions will be interpreted with corresponding meanings:

1. “AFSA” means the Arbitration Foundation of Southern Africa;
2. “Acceptance Date” means the date on which You visit and / or use the Justlocal Website and / or any other Justlocal website that links to this Justlocal Website and agree to these Terms and Conditions of Use by browsing;
3. “CPA” means the Consumer Protection Act, 68 of 2008;
4. “Do Not Contact” or “DNC Registry” means the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations, Vol. 550 No 34180;
5. “Domain Name” means an identification label that defines administrative autonomy, authority or control on the Internet and includes host names that identify internet protocol resources such as websites and WAP sites;
6. “ECT” means the Electronic Communications and Transactions Act 25, of 2002;
7. “ECT Required Information” means the information required to be made available in terms of section 43 of ECT;
8. “Electronic Transaction” means business, of either a commercial or non-commercial nature, and includes the provision of information, specifically, the Information made available on the Justlocal Website;
9. “Goods” means the things defined in CPA and includes information written or encoded on any medium, such as a website or WAP site and / or a licence to use such information;
10. “Information” means facts or details about something or somebody, and includes the facts and details on Justlocal and the Legal Notices published on the Website;
11. “Intellectual Property” means the rights in and to copyright in any work in terms of the Copyright Act, 98 of 1978 and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, 194 of 1993, the rights in respect of a design conferred by the Design Act 195 of 1993, the rights conferred by the Patents Act, 57 of 1978, including any applications for the any of these and any names, licenses, know-how, trade secrets and data associated with the these and, rights to domain names;
12. “Legal Notices” means this Website Terms and Conditions together with any other notices published on the Justlocal Website from time to time including, but not limited to the Justlocal Privacy Notice, Consumer Protection Rights Notice and Email Legal Notice;
13. “Parties” means Justlocal and the visitor or user (or “You”) and “Party” means either one of these as the context requires;
14. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
15. “Record” means information required to be retained in compliance with South African law, Justlocal or, information that may be required as evidence;
16. “Services” means the things defined in CPA and includes the provision of, access to, or right of access to information, entertainment or similar intangible things;
17. “Justlocal Business Affiliate” means any natural or juristic person that is connected with Justlocal and which includes but is not limited to an association, partnership or other commercial relationship that exists or may exist between Justlocal and third parties;
18. “Justlocal Marks” means any trade marks, service marks, logos, domain names or other marks of Justlocal, whether registered or not;
19. “Justlocal Service Offering” includes but is not limited to mean streaming Services, Subscription Services and Competitions;
20. “Justlocal Website” means the website owned and operated by Justlocal located at http://Justlocal.co.za;
21. “Uncontrollable Event” means fire, flood, earthquake, acts of nature or of God, riots, civil disorder, rebellions or revolutions in any country or any other cause beyond the control of Justlocal including the disruption, suspension or termination of Services provided by a third party to Justlocal that may result in the Justlocal Website not being available;
22. “WAP Site” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser using the Wireless Application Protocol as an open international standard to provide WAP browser or WAP Site functionality for small mobile devices through software applications;
23. “Website” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser and displayed on a monitor or mobile device hosted on a web server and accessible via the Internet and will, in these Terms and Conditions, include WAP Sites;
24. “Web Browser” means a software application used to retrieve, present and traverse information resources on the World Wide Web;
25. “Writing” means a written document that excludes, either wholly or partly, any part of a data message as defined in ECT; and
26. “Signed” means a signature executed by hand with a pen and without any electronic process or intervention.

3. Any reference in this Justlocal Terms and Conditions to:

1. A “clause” will, subject to any contradiction, be interpreted to mean a clause in this Justlocal Terms and Conditions;
2. A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure; and
3. A “person” will be interpreted to include a natural or juristic person.

4. Unless inconsistent with the context, an expression which denotes:

1. Any one gender includes the other genders; and
2. The singular includes the plural and vice versa.

5. Any reference to an enactment in this Justlocal Website is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time.
6. The rule of construction that, in the event of ambiguity, the Justlocal Terms and Conditions shall be interpreted against the Party responsible for the drafting or preparation of the Justlocal Terms and Conditions, shall not apply.

3. Commencement, Availability and Termination

1. The visitor or user of the Justlocal Website must be at least 18 years of age to use the Service/s, or, if you are not at least 18, you may use the Service/s only with the permission of your parent or guardian.
2. These Terms and Conditions will commence on the Acceptance Date and continue indefinitely until amended or terminated by Justlocal.
3. Justlocal reserves the right to amend these Terms and Conditions as and when necessary and entirely at Justlocal’s discretion. It is your responsibility to check the Justlocal Website periodically for changes. Your continued use of or access to the Just local Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
4. Justlocal reserves the right to change or to discontinue any aspect or feature of this Justlocal Website at any time including, but not limited to content, availability and access requirements.
5. Justlocal will take all reasonable steps to ensure that the visitor or user can get access to all archived versions of these Terms and Conditions.

4. Intellectual Property

1. The Justlocal Website comprises Intellectual Property including, Domain Name, copyright, trade mark, design and patent, protected under South African law and international treaties. Unless otherwise indicated Justlocal reserves all rights in and to the Intellectual Property owned by or licensed to Justlocal.
2. You may make a temporary copy of part or all of the Website on Your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to Justlocal. Subject to the limited license granted to the visitor or user by Justlocal, You may not in any form or by any means, without the prior written consent of Justlocal:

1. Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any Justlocal Website content;
2. Claim ownership of all or any part of the Justlocal Website content;
3. Modify or repost the Justlocal Website content;
4. Create a link to the Justlocal Website from another website; or
5. Copy, incorporate, store, frame or embed all or any part of the Justlocal Website content on another Website or retrieval system.

3. Justlocal Marks referenced on the Justlocal Website are the registered or unregistered Intellectual Property of Justlocal. Any unauthorised use of these assets is strictly forbidden.
4. Third party Intellectual Property assets, including but not limited to patents, names, goods and services referenced on the Justlocal Website are the Intellectual Property of the respective third parties. Any unauthorised use of these assets is strictly forbidden.

5. Registration

1. In order to access the Service/s You will be required to register.
2. When you register for the Service/s you will be requested to choose a username and password.
3. You are responsible for keeping your username and password confidential and You must take the necessary precautions to prevent them from being disclosed to anyone else.
4. If You have any reason to believe that the confidentiality of your username or password has been compromised, You must immediately inform us at [email protected].
5. If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service/s until You have changed the username or password.

6. Prices, Payment and Access Period

1. All of our Prices in relation to the Service/s are set out on the Website and may change from time to time.
2. If You select the Subscription option then You authorise Justlocal to charge You such Subscription for each Subscription Period automatically.
3. Subject to clause 8.1 below, once You have paid the Price You will not be entitled to a refund in respect of any Content, even if You did not view the Content or You only partially viewed the Content by the time your Access Period expired.
4. Prices do not include the charges by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection that is required to use the Service/s, which is for your account.
5. You must view the Content prior to the end of the relevant Access Period. The Access Period will not be extended if You stop or pause the Content.

7. Broadband Requirements

1. The Service/s is provided to You via a mobile or fixed broadband internet connection. Justlocal will not be held liable if the Service/s is suspended, interrupted or not available to You due to broadband internet connection interruptions, slow connections or congestion.
2. You will be responsible for any charges, costs and/or fees levied by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection necessary to access the Service/s.
3. You are alerted to the fact that the Service/s can be extremely data intensive and the charges for such data arising from the use of the Service/s can be substantial. It is your responsibility to check the data tariff applicable to You and make sure that You are familiar with the charges, costs and/or fees levied by your mobile network operator and/or internet service provider for such data.

8. Cancellation of the Service/s

1. In terms of section 44(1) of the ECT Act, once You have paid the Price You will have 24 hours within which to cancel the transaction, provided You have not made use of the Service/s by accessing any of the Content. If You have accessed any Content during the aforesaid 24-hour period, then You will not be entitled to any refunds.
2. You may also cancel your Subscription at any time as referred to in clause 8.1 above. If You do so then:
3. You will continue to have access to and use of the Service/s during the remaining term of that Subscription Period; but

1. You will be liable for the Price relevant to the Subscription Period to which that Subscription relates, but not for any subsequent Subscription Period.

9. Cancellation, Suspension or Restriction of the Service

1. Justlocal can cancel this Service/s at any time and for any reason. Except as otherwise specified in clause 9.3 below. If we cancel this Agreement and:

1. You pay a Subscription to use the Service/s, You will have access to the part of the Service to which the Subscription relates for the remainder of your current Subscription Period; and/or
2. You will have access to Content purchased by way of a daily subscription service payment.

2. Some of the Content we provide is supplied by third parties. The availability of such Content is outside our control and we may be unable to make certain Content available via the Service/s or we may be unable to show Content on certain Devices.
3. We may immediately suspend or restrict your use of all or any part of the Service/s:

1.      if your payments are outstanding;

2. if You breach these Terms and Conditions;
3. for technical or operational reasons;
4. if we consider that You have committed or may be committing any fraudulent activity against Justlocal or against any other person through your use of the Service/s; or
5. if You act in a way towards our staff or agents which we consider to be inappropriate.
9. Information and Record Retention

1.      Justlocal is committed to complying with legal, business and evidential requirements for information and record retention.

2.      Justlocal will use reasonable endeavours to ensure the security, including the confidentiality, integrity and availability of any information that the visitor or user provides to Justlocal through the “Contact Us” or email functionality associated with this Justlocal Website. It is nevertheless the visitors or user’s responsibility to keep records and backups of Your information.

3.      Any personal information You provide will be processed in line with the Justlocal Privacy Notice published on the Justlocal Website as a Legal Notice.

11. Acceptable Use of the Website and Email Functionality

1. The Website includes functionality that enables the visitor or user to contact Justlocal by email and for Justlocal to respond by email.
2. You hereby agree to generally acceptable website and email etiquette. In this regard You will be deemed to have read the Justlocal Email Legal Notice and other Legal Notices published on the Justlocal Website and incorporated into these Terms and Conditions by reference.
3. Justlocal is committed to complying with legislation and ensuring the availability of its Website and related email functionality to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, the visitor or user agrees not to use the Website and related email functionality in a way that:

1. Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of Justlocal’s systems and networks;
2. Interferes with the use or enjoyment of other persons access to or use of the Justlocal Website and related email functionality;
3. Infringes Intellectual Property rights;
4. Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
5. Results in unsolicited communications;
6. Is a security risk; or
7. A violation of privacy.
3. You remain personally liable for the consequences of any contravention of these provisions and / or failure to comply with law.
4. Should You become aware of any unacceptable use of the Website or related email functionality, please contact [email protected].
11. Monitoring, Interception and Access to Information

1. To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Justlocal monitors and intercepts live communications such as email and website activity in compliance with RICA.
2. Subject to the provisions of ECT, South African and international privacy principles, Justlocal will where necessary and if required by law, access static information created, received, communicated and stored by Justlocal as part of its business.
3. Subject to the provisions of RICA and ECT, the visitor or user agrees to monitoring, interception and access to information relating to the use of the Justlocal Website and related email functionality.
12. Governing Law
1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
13. Communication
1. You agree that Justlocal may from time to time send You communications regarding, but not limited to the Justlocal Service Offerings, which include both Goods and Services as defined in CPA.
2. The visitor or user will always have the choice to:
1. Inform us in writing that You do not wish to continue receiving communications; or
2. Block any communications by registering on the DNC Registry as contemplated in CPA.
14. Complaints
1. YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO JUSTLOCAL FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.
2. In this regard, please direct all complaints to [email protected].
15. Alternative Dispute Resolution
1. SUBJECT TO CLAUSE 15 ABOVE, AND WITHOUT RESTRICTION ON ANY OF YOUR RIGHTS TO APPROACH A COMPETENT COURT OR FORUM OF YOUR CHOICE, RELATING TO A DISPUTE ARISING FROM THESE TERMS AND CONDITIONS, YOU AGREE TO CONFIDENTIAL ARBITRATION PRIOR TO PROCEEDING TO COURT OR OTHER FORUM.
2. THE VISITOR OR USER AGREES THAT ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE FINALLY RESOLVED IN ACCORDANCE WITH THE RULES OF THE AFSA BY AN ARBITRATOR OR ARBITRATORS APPOINTED BY THE FOUNDATION AND THAT SUCH PROCEEDINGS SHALL BE HELD IN JOHANNESBURG IN ENGLISH.
3. THE VISITOR OR USER EXPRESSLY ACKNOWLEDGES THAT THE ARBITRATION PROCEEDING AGREED TO IN 16.2 ABOVE PREVENTS YOU FROM ENTERING INTO A CLASS ACTION LAWSUIT AGAINST JUSTLOCAL IN RELATION TO ANY DISPUTE ARISING FROM THIS AGREEMENT.
4. Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
16. Enforceability
1. These Terms and Conditions constitute the entire agreement between Justlocal and the visitor or user in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of these Terms and Conditions shall be of any force or effect unless recorded in a Written document and Approved by or on behalf of the duly authorised representatives of the Parties.
2. Any data message as defined in ECT, or a copy, printout or extract of such a message Approved by an authorised Justlocal officer will be absolute proof of the contents of the copy, printout or extract of such a message.
3. No failure or delay on the part of any Party in exercising any right in terms of these Terms and Conditions shall operate as a waiver nor, shall any single or partial exercise of any right prevent any other or further exercise thereof, or the exercise of any other right.
4. Should any clause or term of these Terms and Conditions be invalid, unenforceable or illegal, the remaining terms and provisions of the Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of these Terms and Conditions.
17. Limitation of Liability
1. TO THE FULLEST EXTENT PERMITTED IN LAW, THE VISITOR OR USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USE OF THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. JUSTLOCAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO OR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS OR OTHERWISE.
18. Links to external Third-Party Websites
1. Justlocal may provide links from the Justlocal Website to external third-party websites. Any such link is provided for the visitor or user’s use and convenience and does not constitute an endorsement, recommendation or certification by Justlocal of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with Justlocal. Justlocal is not responsible for the content or practices of any such website accessed from the Justlocal Website through these external links.
19. No Warranty
1. THIS WEBSITE HAS NOT BEEN CUSTOMISED FOR ANY SPECIFIC INDUSTRY OR INDIVIDUAL NEED AND IS PROVIDED TO THE PUBLIC AS A WHOLE WITH THE RESULT THAT THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, FITNESS FOR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JUSTLOCAL WILL ENDEAVOUR TO TAKE ALL REASONABLE CARE TO ENSURE THE ACCURACY OF INFORMATION AND THE AVAILABILITY OF THE WEBSITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. AS SUCH, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
20. Indemnity
1. TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD JUSTLOCAL, ITS PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
1. VISITING OR USING THE WEBSITE;
2. DOWNLOADING DATA, TEXT, IMAGES;
3. RELIANCE ON THE WEBSITE CONTENT;
4. LINKS TO OTHER JUSTLOCAL OR THIRD-PARTY WEBSITES;
5. HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR
6. ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE JUSTLOCAL WEBSITE.
2. Skill, Diligence and Care
1. Justlocal will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
21. ECT Required Information

Rewards and prizes

1.       We may offer from time-to-time Content which is free to access but which will require full registration.

2.       The rules of access to free Content will be displayed on the Website.

3.       Spot prizes of airtime will be given away at the promotor’s discretion.

4.       Prize winners will be notified via SMS.

5.       Prizes are not transferable and cannot be exchanged for cash.

6.       The competition is open to anyone in South Africa except a director, member, partner, employee or agent of, or consultant to the promoter or any other person who directly or indirectly controls or is controlled by, the promoter or a supplier of goods or services in connection with that competition or any family members relating to this promotion.

7.       Upon entering the competition, the entrant agrees and grants Justlocal the right to use his/her name and photographs in any advertising and promotional material without any compensation.

8.       Justlocal has the right to terminate the competition immediately and without notice.

9.       In the event of such termination, all participants agree to waive any rights that they may have in terms of this promotion and acknowledge that they will have no recourse against Justlocal, its agents and/or promoters.

10.   The judges’ decision is final and no correspondence will be entered into.

11.   Entering this competition indicates acceptance of all the above rules.

12.  The Company is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. The Company may be required to share information relating to the Service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za

13.  The Company has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations.

14.  The Company has the right to take down any content that it considers illegal or for which it has received a take-down notice.

15.  This service must not be used:

·         to intentionally engage in illegal conduct,

·         to knowingly create, store or disseminate any illegal content,

·         to knowingly infringe copyright,

·         to knowingly infringe any intellectual property rights, or

·         to send spam or promote the sending of spam.

Department of Trade and Industry (DTI) – Complaints
Consumer helpline via the DTI Customer Contact Centre	0861 843 384
The DTI Office of Consumer Protection (OCP)	+27(0)12 3941436 / 1558 / 1076
The DTI email address	[email protected]
The DTI website address	http://www.thedti.gov.za

National Consumer Tribunal (NCT) - Complaints
The NCT phone number	+27 (0)12 663 5615
The NCT email address	[email protected]
The NCT website	http://www.thenct.org.za/

National Consumer Commission (NCC) - Complaints
The NCC phone number	0860 266 786
The NCC email address	[email protected]
The NCC fax number	0861 515 259

The Wireless Application Service Providers Association (WASPA) - Complaints
The WASPA phone number	+27(0) 476 7710
The WASPA email address	[email protected] [email protected]
The WASPA website	http://www.waspa.org.za/code/complaint.shtml
The WASPA fax number	086 606 2016

The Direct Marketing Association of South Africa (DMASA) - Complaints
The DMASA phone number	+27(0)11 781 8032
The DMASA email address	[email protected]
The DMASA website	http://www.dmasa.org
The DMASA fax number	+27(0)11 326 1198
The DMASA National Opt-Out Register	http://www.nationaloptout.co.za

Justlocal
Name	Justlocal
Website address	http://justlocal.co.za
Email address	[email protected]
Codes of conduct subscribed to	Wireless Application Service Providers Association Direct Marketing Association of South Africa
URL to code of conduct	http://www.waspa.org.za/code/index.shtml http://www.dmasa.org/dmasa/dma_load.php?str=1/10/17
Terms of agreement and URL to access terms	http://justlocal.co.za/TermsAndConditions

Justlocal’s Privacy Information Officer
Name	Lisa Hodge
Email address	[email protected]

Justlocal
Name	Justlocal
Website address	http://justlocal.co.za
Email address	[email protected]

Justlocal
Name	Justlocal
Website address	http://Justlocal.co.za
Email address	[email protected]