Introduction
- These terms and conditions govern your use of our website, Vaalio.co.za
- By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
- License to use website
2.1 You may:
- View pages from our website in a web browser;
- Download pages from our website for caching in a web browser
- Print pages from our website
- Stream audio and video files from our website; and
- Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
2.2 Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- Unless you own or control the relevant rights in the material you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
- Notwithstanding Section 2.5, you may redistribute our newsletter in print and electronic form to any person.
- We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
- You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means;
- violate the directives set out in the robots.txt file for our website; or
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Use on behalf of organization
4.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organizational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise)
- Registration and accounts
5.1 To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age and a resident in the Republic of South Africa.
- You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
- You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
- User IDs and passwords
6.1 If you register for an account with our website, you will be asked to choose a user ID and password.
6.2 Your user ID must not be misleading and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel you account; and/or
(c) edit your account details,
At any time in our sole discretion without explanation or notice, providing that we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
7.2 You may cancel your account on our website using your account control panel. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2
8. Directory
8.1 We welcome listings to the directories published on our website.
8.2 Each listing to our directories must be in respect of the directory subject matter.
8.3 To avoid doubt, your directory listing constitute “your account” for the purposes of Section 13 and Section 14 and must comply with the acceptable use rules set out in Section 3.
8.4 You must keep your directory submissions up to date using our website interface.
8.5 We will not be liable for any content that is not up to date as we used a historical data base. It is your responsibility to keep your listing content updated.
9. Free directory listings
9.1 You may submit a free listing to our directory by following this process:
(a) create an account and await approval from us via email
(b) submit business details and await approval for the listing via email from us
9.2 If we accept your free directory listing submission, it will remain published on our website, subject to termination or deletion in accordance with these terms and conditions.
9.3 We may delete a free directory listing at any time, with or without notice to you.
10. Paid directory listings
10.1 You may submit a paid listing to our directory by following this process: Selecting the appropriate listing product and making a successful payment upon receiving your invoice via email. Upon receiving your payment in full, your listing will be activated on our website and you will be notified via email.
10.2 Paid submissions include the benefits listed in the package details as set out on our website.
10.3 You will be able to change your information on you listing from your dashboard once you have logged in as a business.
10.4 If we activate a paid submission, it will remain published on our website for the term specified in the directory product you chose before, subject to termination or deletion in accordance with these terms and conditions.
10.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 10.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.
11. Prohibited directory listings
11.1 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete listings that breach these terms and conditions, or that do not meet the additional guidelines for listings published on our website.
11.2 If we reject or delete a listing in accordance with this Section 11, we will not refund any applicable charges
12. Fees
12.1 The fees in respect of our website services will be as set out on the website from time to time
12.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
12.3 You must pay to us the fees in respect of your chosen services in advance, in cleared funds, in accordance with any instructions on our website.
12.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
12.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
12.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees),
12.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
13. Your content: license
13.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
13.2 You grant to us a worldwide, irrevocable non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
13.3 You grant to us the right to sub-license the rights licensed under Section 13.2.
13.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.
13.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
13.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
13.8 We will
14. Your content: rules
14.1 You warrant and represent that your content will comply with these terms and conditions.
14.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal actions against any person (in each case in any jurisdiction and under any applicable law).
14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent:
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute and incitement to commit a crime, [instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legistlation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instruction, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
14.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
14.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provision of these terms and conditions.
14.6 You must not submit to our website any material that is or has ever been subject of any threatened or actual proceedings or other similar complaint.
15. Report abuse
15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
15.2 Let us know by email or by using our contact us form.
16. Limited warranties
16.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
16.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
16.3 To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
17. Limitations and exclusions of liability
17.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
17.2 The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:
(a) are subject to Section 17.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
17.3 To the extent that our website and the information and service on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
17.4 We will not be liable to you in respect of any losses arising out of any events beyond our reasonable control.
17.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
17.6 We will not be liable to you in respect of any loss or corruption of any date, database or software.
17.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
17.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
18. Indemnity
18.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website
19. Breaches of these terms and conditions
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend you access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website
19.2 Where we suspend or prohibit or block you access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
20. Third party websites
20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
20.2 We have no control over third party website and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
21. Competitions
21.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
21.2 Competitions will be subject to separate terms and conditions (which we will make available to you are appropriate).
22. Variation
22.1 We may revise these terms and conditions from time to time.
22.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
23. Assignment
23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
23.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
24. Severability
24.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
24.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
25. Third party rights
25.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
25.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
26. Entire agreement
26.1 Subject to Section 17.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
27. Law and jurisdiction
27.1 These terms and conditions shall be governed by and construed in accordance with South African Law.
27.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
28. Statutory and regulatory disclosures
28.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
28.2 These terms and conditions are available in the English language only.
28.3 Our VAT number is 4200217257
29. Our details
29.1 This website is owned and operated by The Vaal Meander t/a Vaal Info
29.2 We are registered in The Republic of South Africa under registration number CK2001/082067/23, and our registered office is in Vereeniging, Gauteng.
29.3 Our principle place of business is at Vereeniging, Gauteng.
29.4 You can contact us in writing by using our website contact form or by telephone on 016 423 2631/2229