This Website Terms and Conditions derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
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.
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.
The headings to the clauses of this Website Terms and Conditions are for reference purposes only.
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:
“AFSA” means the Arbitration Foundation of Southern Africa;
“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;
“CPA” means the Consumer Protection Act, 68 of 2008;
“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;
“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;
“ECT” means the Electronic Communications and Transactions Act 25, of 2002;
“ECT Required Information” means the information required to be made available in terms of section 43 of ECT;
“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;
“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;
“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;
“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;
“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;
“Parties” means Justlocal and the visitor or user (or “You”) and “Party” means either one of these as the context requires;
“RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
“Record” means information required to be retained in compliance with South African law, Justlocal or, information that may be required as evidence;
“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;
“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;
“Justlocal Marks” means any trade marks, service marks, logos, domain names or other marks of Justlocal, whether registered or not;
“Justlocal Service Offering” includes but is not limited to mean streaming Services, Subscription Services and Competitions;
“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;
“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;
“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;
“Web Browser” means a software application used to retrieve, present and traverse information resources on the World Wide Web;
“Writing” means a written document that excludes, either wholly or partly, any part of a data message as defined in ECT; and
“Signed” means a signature executed by hand with a pen and without any electronic process or intervention.
Any reference in this Justlocal Terms and Conditions to:
A “clause” will, subject to any contradiction, be interpreted to mean a clause in this Justlocal Terms and Conditions;
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
A “person” will be interpreted to include a natural or juristic person.
Unless inconsistent with the context, an expression which denotes:
Any one gender includes the other genders; and
The singular includes the plural and vice versa.
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.
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.
Commencement, Availability and Termination
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.
These Terms and Conditions will commence on the Acceptance Date and continue indefinitely until amended or terminated by Justlocal.
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.
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.
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.
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.
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:
Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any Justlocal Website content;
Claim ownership of all or any part of the Justlocal Website content;
Modify or repost the Justlocal Website content;
Create a link to the Justlocal Website from another website; or
Copy, incorporate, store, frame or embed all or any part of the Justlocal Website content on another Website or retrieval system.
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.
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.
In order to access the Service/s You will be required to register.
When you register for the Service/s you will be requested to choose a username and password.
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.
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@example.com.
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.
Prices, Payment and Access Period
All of our Prices in relation to the Service/s are set out on the Website and may change from time to time.
If You select the Subscription option then You authorise Justlocal to charge You such Subscription for each Subscription Period automatically.
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.
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.
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.
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.
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.
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.
Cancellation of the Service/s
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.
You may also cancel your Subscription at any time as referred to in clause 8.1 above. If You do so then:
You will continue to have access to and use of the Service/s during the remaining term of that Subscription Period; but
You will be liable for the Price relevant to the Subscription Period to which that Subscription relates, but not for any subsequent Subscription Period.
Cancellation, Suspension or Restriction of the Service
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:
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
You will have access to Content purchased by way of a daily subscription service payment.
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.
We may immediately suspend or restrict your use of all or any part of the Service/s:
if your payments are outstanding;
if You breach these Terms and Conditions;
for technical or operational reasons;
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
if You act in a way towards our staff or agents which we consider to be inappropriate.
Information and Record Retention
Justlocal is committed to complying with legal, business and evidential requirements for information and record retention.
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.
Any personal information You provide will be processed in line with the Justlocal Privacy Notice published on the Justlocal Website as a Legal Notice.
Acceptable Use of the Website and Email Functionality
The Website includes functionality that enables the visitor or user to contact Justlocal by email and for Justlocal to respond by email.
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.
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:
Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of Justlocal’s systems and networks;
Interferes with the use or enjoyment of other persons access to or use of the Justlocal Website and related email functionality;
Infringes Intellectual Property rights;
Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
Results in unsolicited communications;
Is a security risk; or
A violation of privacy.
You remain personally liable for the consequences of any contravention of these provisions and / or failure to comply with law.
Should You become aware of any unacceptable use of the Website or related email functionality, please contact firstname.lastname@example.org.
Monitoring, Interception and Access to Information
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.
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.
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.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
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.
The visitor or user will always have the choice to:
Inform us in writing that You do not wish to continue receiving communications; or
Block any communications by registering on the DNC Registry as contemplated in CPA.
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.
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.
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.
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.
Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
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.
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.
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.
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.
Limitation of Liability
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.
Links to external Third-Party Websites
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.
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.
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:
VISITING OR USING THE WEBSITE;
DOWNLOADING DATA, TEXT, IMAGES;
RELIANCE ON THE WEBSITE CONTENT;
LINKS TO OTHER JUSTLOCAL OR THIRD-PARTY WEBSITES;
HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR
ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE JUSTLOCAL WEBSITE.
Skill, Diligence and Care
Justlocal will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
ECT Required Information
Physical address and the address for receipt of legal service of documents
South African consumer protection rights arise largely from the Constitution of South Africa 1996, the Consumer Protection Act, 68 of 2008 and Chapter VII of the Electronic Communications and Transactions Act 25 of 2002.
Justlocal is committed to ensuring the protection of your rights as a consumer in terms of South African law.
The purpose of this Justlocal Consumer Protection Rights Notice is to inform visitors to the Website located at http://justlocal.co.za about how we treat you as a consumer and to inform you about your rights.
THIS IS A GENERAL NOTICE PROVIDED TO THE PUBLIC FOR INFORMATION PURPOSES ONLY. SPECIFIC CONSUMER PROTECTION PROVISIONS WHICH RELATE TO EACH OF JUSTLOCAL’S SERVICES WILL BE PUBLISHED ON THE WEBSITE OR WAP SITE RELEVANT TO EACH SERVICE. AS A VISITOR TO EACH SERVICE-SPECIFIC JUSTLOCAL WEBSITE OR WAP SITE, YOU WILL BE REQUIRED TO ACCEPT THE SERVICE-SPECIFIC TERMS AND CONDITIONS, WHICH WILL INCLUDE YOUR RIGHTS, SPECIFIC TO EACH SERVICE. AS SUCH, NOT ALL OF THE GENERAL CONSUMER RIGHTS MENTIONED BELOW, WILL APPLY.
If you feel we are not meeting our obligations to you please contact the Justlocal Consumer Protection Officer directly. Contact details are provided below.
1.3 The Consumer Protection Act, 68 of 2008
The summary of the Consumer Protection Act set out below has been reproduced from the website http://www.thedti.gov.za of the Department of Trade and Industry, Republic of South Africa, with minor amendments. This summary must be read with the Act and the Regulations to the Act.
1.4 The Consumer Protection Act, 68 of 2008 (CPA) has been legislated to
Promote a fair, accessible and sustainable marketplace for consumer products and services;
Establish national norms and standards to ensure consumer protection;
Make provision for improved standards of consumer information and prohibit certain marketing and business practices;
Promote responsible consumer behaviour;
Promote a consistent legislative enforcement framework related to consumer transactions and agreements;
Establish the National Consumer Commission; and
Replace, in a new and simplified manner, existing provisions from five Acts.
1.5 Who may lodge consumer complaints
An authorised person acting on behalf of another;
A person acting as a member of, or in the interests of, an affected group or class; or
A person acting in the public interest.
1.6 The Act applies to the following
Every consumer transaction occurring in the Republic of South Africa;
The marketing, promotion or supply of goods and services occurring within the Republic; and
The supply of goods or rendering of services within the Republic in terms of transactions mentioned in the Consumer Protection Act.
1.7 The Act does not apply in respect of
Goods or services promoted or supplied to the state;
Industry-wide exemption granted to regulatory authorities;
Credit agreements in terms of the National Credit Act, 34 of 2005;
Service and employment agreements;
Agreements giving effect to collective bargaining agreements; and
Agreements giving effect to bargaining agreements in terms of the Labour Regulations Act, 66 of 1995.
1.8 Implementation date
The Act has become effective in 2 phases. The provisions establishing consumer protection bodies and those authorising the Minister of Trade and Industry to make regulations came into effect on 24 April 2010. All other provisions came into effect on 31 March 2011.
1.9 Who is a ‘consumer’
Consumers are natural persons and juristic persons with an asset value or annual turnover, at the time of the transaction, under the ‘threshold’ determined by the Minister of Trade and Industry. The threshold is currently R2m.
Franchisees under franchise agreements are also considered to be consumers.
Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers and who are users of goods or recipients or beneficiaries of services.
1.10What are consumer rights
The Bill of Rights enshrines the rights of South Africans, including their consumer rights. The Consumer Protection Act details the key consumer rights, which include the following:
Right to equality in the consumer market and protection against discriminatory marketing practices;
Right to privacy;
Right to choose;
Right to disclosure of information;
Right to fair and responsible marketing;
Right to fair and honest dealing;
Right to fair, just and reasonable terms and conditions;
Right to fair value, good quality and safety; and
Right to accountability by suppliers.
1.11 The 9 consumer rights
1.12 Consumer right number 1
1.12.1 Right to equality in the consumer market and protection against discriminatory marketing practices
Your right to free and unlimited access to goods and services;
suppliers may not limit access to goods and services
suppliers are not permitted to prioritise one consumer group over another
Your right to high-quality goods and services;
suppliers are not permitted to vary the quality of the goods and services in a discriminatory manner
consumers have the right to query inferior quality
Your right to fair pricing of goods and services;
suppliers are not permitted to charge unfair prices
consumers should be treated equally irrespective of gender, race, socio-economic status or geographic location
Your right to lodge complaints with the Equality Court in respect of alleged contraventions;
proceedings may be instituted before an Equality Court
complaints may be filed with the National Consumer Commission which is required to refer complaints, if they appear valid, to the Equality Court
1.13 Consumer right number 2
1.13.1 Right to privacy
Your right to restrict unwanted direct marketing;
consumers have the right to protect their privacy and confidentiality in respect of unwanted or unsolicited correspondence
consumers have the right to refuse unwanted SMSs, telephone calls, letters and spam email
Your right to discontinue receipt of direct marketing;
consumers have the right to ‘opt-out’ of receiving unsolicited direct marketing services by blocking the supplier or marketer
consumers have the right to accept, restrict or refuse unwanted direct marketing
companies and suppliers are not permitted to continue unsolicited direct marketing of goods and services in the event that consumers have opted-out
1.14 Consumer right number 3
1.14.1 Right to choose
Your right to select the supplier of your choice;
consumers have the right to ‘shop around’ for the best prices, goods and services
consumers are not obliged to enter into additional (‘bundled’) agreements
suppliers may not force consumers to enter into agreements with third parties
Your right to cancel or renew a fixed term contract;
consumers have the right to cancel fixed-term agreements upon expiry of the contract period without penalty or charge
consumers are obliged to provide suppliers with 20 (twenty) business day’s notice of cancellation of a fixed term agreement
suppliers must extend fixed-term agreements on a month-to-month basis if the consumer fails to request cancellation of a fixed term agreement
Your right to request pre-authorisation for repairs or maintenance services;
consumers have the right to request written cost estimates or quotations from suppliers
suppliers may not charge consumers for drawing up cost estimates or quotations
consumers may refuse additional repairs or maintenance services
consumers are not liable to pay for repairs or maintenance undertaken without prior approval
suppliers are not permitted to charge consumers for diagnostic work or inspections required to compile cost estimates or quotations
Your right to cancel direct marketing contracts within the ‘cooling-off’ period;
suppliers are required to include a ‘cooling-off’ period in direct marketing transactions. ‘Cooling-off’ periods are generally five (5) business days
consumers have the right to cancel agreements in the ‘cooling-off’ period without providing reasons or incurring penalties
suppliers are required to return payments received from consumers within fifteen (15) business days of receiving the cancellation notice
Your right to cancel advance reservations, bookings or orders;
consumers have the right to cancel advance reservations, bookings or orders
suppliers are entitled to request a reasonable, advance deposit for reservations, bookings or orders
suppliers are entitled to impose a reasonable charge for the cancellation of reservations, bookings or orders
Your right to choose to examine goods even after purchase and delivery;
suppliers have the right to charge consumers for loss or damage to property if it resulted from gross negligence, recklessness or deliberate action
consumers have the right to refuse previously ‘opened’ goods and goods that have been on ‘display’
consumers may reject goods that do not correspond with the pre-approved samples
suppliers must provide consumers with a reasonable opportunity to examine goods purchased or delivered
Your right to return goods and seek redress for unsatisfactory service;
consumers have the right to return unsafe or defective goods within a reasonable period and request a full refund
consumers have the right to return goods that were not pre-examined prior to delivery
Your right to retain and not pay for unsolicited goods and services;
consumers have the right to return unsolicited goods and services at the risk and cost to the supplier
consumers are entitled to retain unsolicited goods or services after twenty business days
1.15 Consumer right number 4
1.15.1Right to disclosure of information
Your right to sales records;
consumers have the right to demand invoices and receipts
suppliers are required to include the following on invoices and receipts;
supplier’s full contact information, addresses, business names and VAT registration numbers
name and description of goods
date of transaction
unit price of goods purchased
quantity of goods purchased
total price of the transaction, including applicable taxes
Your right to disclosure by intermediaries;
intermediaries such as brokers, sales representatives and estate agents are required to disclose their relationships, associations or affiliations with the entities or persons they represent
Your right to identification of deliverers, installers and others;
deliverers, installers and others are required to display name badges or similar identification to the satisfaction of consumers when delivering or installing goods and products
consumers have the right to demand identification from deliverers, installers and others prior to allowing the delivery and installation of goods
1.16 Consumer right number 5
1.16.1 Right to fair and responsible marketing
Your right to protection against ‘bait’ marketing;
suppliers are not permitted to mislead consumers in respect of the pricing, nature, properties, advantages, uses and availability of goods and services advertised
suppliers are obliged to include limitations in respect of the availability of goods or services when advertising
Your right to protection against ‘negative option’ marketing;
suppliers are not permitted to market and promote goods or services and automatically enter consumers into agreements for the supply of goods and services
Your right to protection against direct marketing;
suppliers or service providers that directly market and promote goods or services to consumers must inform them of their right to cancel the agreement within the ‘cooling-off’ period of five (5) business days
suppliers or service providers which directly market unsolicited goods and services to consumers are not permitted, subject to certain conditions, to solicit payment for these items
The right to protection in ‘catalogue’ marketing;
suppliers are required to disclose the following;
supplier name, registration and licence number
address and contact details
currency for sales
cancellation, return, exchange or refund policy
instructions on lodging a complaint
Your right to protection in terms of trade coupons and similar promotions;
persons are not permitted to make promotional offers with the intention of not fulfilling them or fulfilling them in a manner other than offered
persons making promotional offers are required to;
specify the nature of the prize, reward, gift, free goods or services, price reduction, enhancement of quality, discount or free item
specify the goods or services to which the offer relates
specify the steps required by consumers to accept the offer or receive the benefits
specify the particulars of a person from whom, a place where and a date and time on which the consumer may receive the benefits
ensure that the supply of the benefit is sufficient to accommodate reasonably anticipated demand resulting from the offer
not limit or restrict capacity to supply such goods or services in response to acceptance of the offer
not require the consumer to accept inferior quality of such goods or services
not impose a monetary charge for the administration, processing or handling of a transaction when the consumer tenders a trade coupon for membership fees
Your right to protection in customer ‘loyalty programmes’;
persons must not offer participation in a ‘loyalty programme’ or ‘loyalty credit award’ with the intention of not providing it or providing it in a manner other than as offered
a document setting out an offer must clearly state the following;
the nature of the programme, credit or award being offered
the goods or services to which the offer relates
the procedures to be followed for participation
the contact details of where consumers may gain access to the ‘loyalty programme’ or ‘loyalty credit award’
1.17 Consumer right number 6
1.17.1 Right to fair and honest dealing
Note: Unconscionable conduct refers to behaviour that is unethical or improper
Your right to protection against ‘unconscionable’ conduct;
suppliers are not permitted to use physical force, coercion, undue influence, pressure, duress, harassment, unfair tactics or other similar conduct against consumers when undertaking the following;
marketing goods or services
supplying goods or services
negotiating, concluding, executing or enforcing agreements to supply goods or services
demanding or collecting payment
recovering goods or terminating services
suppliers are not permitted to take advantage of consumers who are unable to protect their interests due to mental or physical disability, poor literacy, ignorance or inability to understand the language of an agreement
Your right to protection against false, misleading or deceptive representations;
suppliers are not permitted to provide consumers with false, misleading or deceptive representations regarding goods or services
suppliers are not permitted to use exaggeration, innuendo or ambiguity when referring to goods or services
Your right to protection against fraudulent schemes and offers;
persons are not permitted to initiate, sponsor, promote or knowingly participate in communications or activities with the intent to defraud others
persons are not permitted to produce counterfeit currency or purport to increase the sum of money through scientific means or otherwise
persons are not permitted to engage in fraudulent or lawless financial transactions
Your right to protection against ‘pyramid’ and related schemes;
persons are not permitted to promote, join, enter into or participate in the following schemes;
chain letter schemes
other fraudulent schemes or scams
Your right to assume that suppliers are entitled to sell goods;
consumers have the right to assume that suppliers have the legal right to supply goods and products
consumers have the right to assume that lessors have the legal right to lease goods or products
Procedure for sale by auction;
when auctioning goods or products in lots suppliers are required to auction lots separately
auctioneers are required to close auctions by visibly or audibly announcing their completion
auctioneers should give notice that a sale by auction is subject to reserve or upset price
Your right to changes, deferrals, waivers and substitution of goods;
deferrals, waivers and substitutions to original agreements must be treated as changes to existing agreements
consumers have the right to substitute goods or products
suppliers are required to provide consumers with amended sales agreements or records describing the substituted goods
Your right to protection against over-selling and over-booking;
suppliers are not permitted to accept payment or other consideration for goods or services if;
they had no intention of supplying those goods or providing the services
the intention was to supply goods that are materially different from the goods or services for which payment is accepted
suppliers are required to supply the goods and services on the dates and times agreed to
consumers have the right to demand refunds for the full amount paid as well as interest at prescribed rates
1.18 Consumer right number 7
1.18.1 Right to fair, just and reasonable terms and conditions
Your right to protection against unfair, unreasonable and unjust contract terms;
suppliers are not permitted to market, supply or enter into an agreement to supply goods and services at prices or terms that are unfair, unreasonable or unjust
suppliers are not permitted to require consumers to waive any right, assume any obligation or waive the liability of the supplier on terms that are unfair and unreasonable or unjust
Your right to notice in respect of certain terms and conditions;
suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute potential risk or liability for consumers
suppliers must specifically draw the attention of consumers to the fact and the nature of the potential risk. Concomitantly, consumers must accept responsibility
Your right to obtain free copies of agreements and contracts;
consumers are entitled to obtain free copies or free electronic access to copies of agreements irrespective of whether consumers have entered into such agreements or not
a free copy should include an itemised breakdown of financial obligations under such agreements
suppliers are required to keep records of transactions entered into over the telephone or other ‘recordable’ forms if the agreement is not in writing
Your right to refuse prohibited transactions, agreements and terms and conditions;
suppliers are not permitted to make an agreement subject to terms and conditions that are;
contrary to this Act
mislead or deceive consumers
subject consumers to fraudulent conduct
directly or indirectly deprive consumers of rights in terms of this Act
avoid suppliers’ obligations and duties in terms of the Act
limit or exempt suppliers from liability for loss directly or indirectly attributable to the gross negligence of suppliers
constitute an assumption of risk or liability by the consumer for loss
impose an obligation on consumers to pay for damage or require consumers to enter into supplementary agreements
falsely express an acknowledgement by the consumer that before the agreement was entered into no representations or warranties were made by the supplier
require consumers to forfeit money to the supplier
your right to approach a court to ensure fair and just conduct, terms and conditions;
if consumers are not satisfied with the outcome of the National Consumer Tribunal's investigation into alleged unconscionable, unjust or unfair conduct they may approach a court for relief
1.19 Consumer right number 8
1.19.1 Right to fair value, good quality and safety
Your right to demand quality service;
Consumers are entitled to the following;
timely performance and completion of services
timely notice of unavoidable delays in the performance
delivery and installation of goods that are free of defects and of a generally accepted quality
Suppliers are required to remedy defects in the quality of services performed and goods supplied or to refund the consumer a reasonable portion of the price paid
Your right to safe, good quality goods;
Consumers are entitled to receive goods or services that comply with applicable standards, are of good quality, in good working order and free of defects
Your right to implied warranty of quality;
it is an implied provision that the producer, importer, distributor and retailer of goods warrant that the goods comply with the requirements and standards of safety, quality and durability
consumers are permitted to return goods to suppliers without penalty and at the supplier’s risk and expense within six (6) months of delivery if the goods are of inferior quality, unsafe or defective
suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods
suppliers are obliged to replace goods or refund the consumer the price paid for the goods within a period of three (3) months of repairs undertaken if the repaired goods are found to be defective, have failed or are considered unsafe
Your right to a warranty on repaired goods;
suppliers are obliged to warrant, for a period of three months after the date of installation, every new and reconditioned part installed during repair or maintenance work and the labour required to install it
Note: Warranties are null and void if consumers are found to be misusing and abusing goods or property while under warranty
You right to receive warnings on the fact and the nature of risk;
suppliers are obliged to make consumers aware of risk of an unusual character or nature
suppliers are obliged to bring to the consumer's attention the specific hazards of unsafe goods and, thereafter, provide the consumer with adequate instructions for the safe handling and use of those goods
Your right to recovery and safe disposal of designated product components;
suppliers are responsible for disposing of waste deemed unsuitable for disposal in common waste systems
Your right to have products monitored for safety or recalled;
industry codes will make provision for the return or recall of hazardous, unsafe or defective goods
Your right to claim damages for injuries caused by unsafe or defective goods;
Producers, importers, distributors and retailers are liable for harm caused, wholly or in part, as a consequence of the following;
supplying unsafe goods
hazardous goods, a failure of or defect in goods
inadequate instructions or warnings provided to the consumer pertaining to the hazard arising from or associated with the use of the goods
1.20 Consumer right number 9
1.20.1 Right to accountability by suppliers
Your right to protection in ‘lay-bye’ agreements;
consumers are entitled to the following in ‘lay-bye’ agreements;
equivalent or superior products if the supplier fails to deliver the original products,
a full refund of money paid, inclusive of interest
to have their deposits kept in an interest-bearing account
Your right to protection with regard to pre-paid certificates, credits, vouchers and access to pre-paid services and service facilities;
suppliers in possession of pre-paid certificates, credits, vouchers, membership fees or other money belonging to consumers must do the following;
not treat such property as their own
exercise due diligence, care and skill
assume liability for losses suffered by consumers
1.21 Where to complain
The Consumer Protection Act aims to promote consumer activism by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers as well as making available support for activities such as consumer advice, education, publications, research and alternative dispute resolution through mediation or conciliation.
The Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints.
Complaints can also be lodged with the National Consumer Tribunal, which was created by the National Credit Act and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act.
Department of Trade and Industry (DTI) – Complaints
Consumer helpline via the DTI Customer Contact Centre
Justlocal has appointed a dedicated Consumer Protection Officer who is responsible for the processing of complaints made directly to Justlocal or in connection with a formal complaint to the National Consumer Commission.
In the event of a complaint, we encourage you to contact us directly. Our policy is to promote the resolution of consumer protection complaints as the quickest and most satisfactory way of resolving complaints. Details are provided below on how to contact the Justlocal Consumer Protection Officer.
This Justlocal Website Privacy Notice has legal force and effect in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
Your privacy is important to Justlocal. We are committed to respecting your privacy and the security and confidentiality of your personal data, communications and choices.
The purpose of this Justlocal Website Privacy Notice is to inform visitors to the website located at http://justlocal.co.za and the other Justlocal owned and operated internal and external websites, web-hosted applications, web pages and / or web properties, referred to in this Website and WAP Site Privacy Notice as ‘Sites’, about how we treat your personal information and your rights in relation to Justlocal’s website privacy.
Please note that other Justlocal owned and operated Sites may contain their own specific Privacy Notices. Specific privacy notices will take precedence over this generic privacy notice.
This Website and WAP Site Privacy Notice relates to the personal information collected electronically by or through the Sites, either through Wireless Application Protocol (WAP) or through email services related to the Sites and to other electronic communications arising from the Sites’ services.
1.4 Privacy Principles Subscribed to by Justlocal
The nine privacy principles to which Justlocal subscribes are articulated in South Africa's Electronic Communications and Transactions Act, 25 of 2002 and concern:
Collection, collation, processing and disclosure of personal information;
Further processing limitation;
Record retention requirements;
Limitation on disclosure;
Third party disclosure of personal information;
Destruction of personal information; and
Exceptions for statistical purposes.
1.5 Technologies Deployed in Providing Justlocal Website and WAP Site Services and Collecting Personal Information
The following technologies are deployed in providing the Sites services:
‘cookies’ allow us to better serve users of the Sites when they purchase a product, subscribe to a service, request additional information or participate in various activities posted on our Sites. A ‘cookie’ is a bit of text that is placed on a user's computer hard drive when certain Sites are visited
‘cookies’ may be placed on a user’s computer by Justlocal and / or by third parties, which are used to obtain data such as user-name, shopping preferences and web pages or advertisements viewed by the user. When the user revisits our Sites, we can recognise him or her by the Internet ‘cookie’ and customise the users experience accordingly
you, as the user, can set your browser to provide notice whenever a ‘cookie’ is received, which gives you the opportunity to decide whether to accept it or not. Without ‘cookies,’ however, you may not be able to take full advantage of all our Site features
certain of our Sites may collect information about the ‘clickstream’ of users. This ‘clickstream’ data contains information on the pages that users came from, the navigational paths they took and the areas of the Sites they visited
Justlocal may, from time to time, track such information from inside and outside of our Sites. Additionally, we may, from time to time, track and match ‘clickstream’ data with personal information that you provide to Justlocal in order to deliver content and other offerings such as new services to you
certain email that you, as the user, receive from us may contain ‘web beacons’ which consist of a line of code on our Sites that deliver a small graphic image from another website or third-party ad server. The ‘web beacon’ may not be visible as it is generally a 1x1 pixel in size and is designed to blend into the background of a web page. Web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page and the information in ‘cookies’ set by a third party. Justlocal may use ‘web beacons’ for activities such as monitoring the effectiveness of ad banners on our Sites and in the email sent to you, the user.
1.6 Security of Personal Information Collected and Processed
Information protection is strongest when the information remains in the possession of the data subject as owner of the information. You, as the user and data subject, are requested to carefully consider the nature and risk of submitting personal information before doing so. To comply with law and in line with international standards and best practice, Justlocal commits itself to exercising all reasonable diligence, care and skill in processing personal information through the use of technical, administrative and physical controls.
1.7 Personal Information Collected and Processed
Justlocal collects the following personal information:
Information you choose to provide in order to access our services;
Information you choose to provide through the ‘contact us’ and ‘support’ facilities;
Information you provide in communications such as email;
Information you provide to our business partners and service providers;
Information about you, such as your demographics and lifestyle, from other sources;
Information collected through the use of common internet technologies such as ‘cookies’, ‘clickstream’ and ‘web beacons’ on our Sites and emails; and
Two resources of personal information are collected and processed technologically during your visit to the Website. Some information is transient and stored only for the purpose of current transactions such as payments and then deleted. Some information is persistent and stored for periods beyond the current transaction such as data from multiple transactions accumulated over time and retrieved when needed to enhance your experience and improve our services.
1.8 Uses and Sharing of Personal Information
Justlocal uses the personal information you, as the user, submit to us in order to furnish you with information and to provide you with the services that you request and / or subscribe to.
Personal information, such as names, email addresses and mobile telephone numbers, collected through our Sites, by email and submitted by you, as the user, to Justlocal is necessary for the following:
To respond to your requests for services;
To respond to your requests for information;
The marketing and promotion of Justlocal and other entities’ services that we believe you may find of interest;
For the statistical analysis of users' behaviour and for feedback purposes;
For service development or the enhancement thereof;
To customise and improve the content and layout of our Sites;
For internal purposes, such as the administration and operation of our Sites; and
For compliance with our legal obligations, policies and procedures.
Please note that unless we have asked for and obtained your explicit consent, we do not share your personal information with third party marketers.
We will use the personal information you, as the user, submit to us only for purposes consistent with the reason you submit it to us in the first place or, with your further permission, for other purposes.
When we provide your personal information to other companies on a temporary basis, in order for them to provide services to Justlocal, we require these other companies to protect your personal information in the same manner as Justlocal does. These third-party service providers cannot use personal information for any purpose other than the reason you provided it to Justlocal.
In addition, the information you, as the user, provide us with is also used and shared with the following:
Permanent or temporary staff and part-time contractors in the performance of their duties;
Various third parties such as contractors, sub-contractors, suppliers and partners in the sourcing, supply and provision of services;
Other service providers websites and WAP sites to which Justlocal Sites may link;
Data analysis and market research to provide better services;
Backup, archiving, business continuity and disaster recovery purposes;
Information communication technology service and infrastructure providers that enable and facilitate wireless application services and the free flow of information; and
Routine and non-routine internal and external requests, including e-Discovery, court orders and law enforcement investigations.
You, as the user, have the right to make choices as to what is done with your personal information. Sometimes, your choices are made in the form of content such as online purchases, subscribing to services, registration or opting in or opting out of receiving communications or marketing material.
Once you, as the user, have submitted information to us and requested that we communicate with or market to you, you may at any time thereafter choose to opt out of further contact with us.
Personal information submitted by you is kept for as long as the purpose for which you furnished it to us exists or for the further retention periods specified in law.
1.10 Access to Your Personal information
You, as the user, may access the personal information that we hold about you.
You can ask us to correct any errors or delete information we have about you.
To protect your privacy, the privacy of others and to ensure the integrity of our business information we may have to verify your identity before we allow access to or change the information that we have about you, as the user.
Access to your personal information by Justlocal’s staff and third parties is limited and restricted by Justlocal through training, administrative, technical and physical controls.
All access to your personal information must comply with Justlocal’s policy relating to the protection of personal information.
1.11 Important Information
Justlocal processes personal information, some of which flows to and from other legal jurisdictions. Please be aware that there may be implications in terms of the specific legal requirements in South Africa and other legal jurisdictions that may, depending upon the actual location of personal information, be relevant or become relevant. Justlocal seeks to comply with complex technical and legal issues wherever possible, but users should be aware that international law and certain aspects of technology restrict our control in some respects.
As personal information is most safe, when under the control of its owners, you as the user, are cautioned to give careful consideration to the personal information you choose to disclose.
1.12 Limits on expectation of privacy
To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities, Justlocal monitors and intercepts live communications such as WAP, email and website activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.
Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002, South African and international privacy principles and, where necessary and if required by law, Justlocal will also access static data created, received, communicated and stored by Justlocal as part of Justlocal’s Site services.
1.13How to Complain
If you have a complaint, are concerned about your personal information or wish to report any malicious activity such as spamming, phishing and the like, please do the following:
Justlocal has appointed a dedicated Privacy Information Officer who is responsible for the processing and protection of personal information.
In providing for your privacy Justlocal uses a combination of technical, administrative and physical controls based on compliance with the law and in line with international standards and best practice.
Justlocal regularly reviews and enforces its own compliance with this Website Privacy Notice to ensure that our own conduct is in line with the privacy undertakings made to you.
If you are an unauthorised recipient please destroy all email in electronic and hard copy format which you have received as an unauthorised recipient and / or have printed without authority.
1.6 Monitoring and Interception
To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities, Justlocal monitors and intercepts live communications such as email, website and WAP Site activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.
Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002 and South African and international privacy principles Justlocal will, where necessary and / or if required by law, access static data created, received, communicated and stored by Justlocal as part of its business.
1.7 Your Privacy
Resultant from Justlocal’s practice of accessing static information and monitoring and intercepting live communications, including email, is that you have no expectation of privacy with respect to communications to and from Justlocal. If you do not agree to this limitation of your constitutional right to privacy, regulated in terms of the above-named Acts, you should not communicate with Justlocal via email or other forms of electronic communication.
Notwithstanding the fact that Justlocal respects your privacy, it also has an obligation to identify and to limit risk related to the use of email and other forms of electronic communication in its business. As such, it seeks to find a balance between these opposing rights and obligations.
1.8 Warrantees and Representations
No warranties are made or implied that any employee or contractor of Justlocal is or was authorised to create and / or send this email.
1.9 Unauthorised Use of Justlocal Email Systems
Justlocal regulates its internal environment in accordance with South African law and Justlocal’s policies, procedures, guidelines and technologies. Authorised users of Justlocal’s email systems are subject to these instruments which regulate the acceptable use of email. In the event that Justlocal’s policy and rules on the acceptable use of email is contravened by users, the users will be liable. Justlocal’s directors and management shall not accept liability arising from such contravention.
1.10 Damages Arising from Email from Justlocal
Email technologies and the use of related telecommunication systems and networks expose Justlocal to dynamic security and business risk. Justlocal manages this risk, in accordance with South African law, through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks.
Justlocal is committed to the highest standard of its duty of care and, as such, Justlocal will not be held liable for damages arising from the use of email.
1.11 Transmission and Receipt of Email from Justlocal
In accordance with the Electronic Communications and Transactions Act 25 of 2002, email is deemed received only when receipt is confirmed orally or in writing. Email is deemed sent as and when reflected in Justlocal’s mail server logs.
Furthermore, email is deemed as having been sent from the originator's usual place of business or residence and as having been received at the addressee's usual place of business or residence.
1.12 Requirements for Valid Agreements
It is Justlocal’s policy that no binding agreements will be entered into through the use of email. Any offers made or received will be regarded merely as part of the process of negotiation. The conclusion of agreements negotiated by email must be reduced to writing, printed on paper and signed by hand with ink.
The Promotion of Access to Information Act, 2 of 2002 (PAIA), was legislated to give effect to the constitutional right of access to information held by the state and information that is held by another person. The Act facilitates access to information that is required to exercise or protect a right.
Justlocal is bound to give effect to the purposes of this legislation and to process a request made in terms of the Act.
This information document provides an outline of the types of records held by Justlocal and explains how a request for access to the records should be made.
1.2 The South African Human Rights Commission
The South African Human Rights Commission (SAHRC) is the national institution established to entrench constitutional democracy and appointed to administer the Act. Should you require further information please visit the Commission’s website http://www.sahrc.org.za.
1.3 About Justlocal
Justlocal is a video on demand service subject to the laws of South Africa.