DEFINITIONS AND INTERPRETATION
a) “the TRUDON website” means the TRUDON website, owned and operated by Trudon (Pty) Ltd and located at http://www.yellowpages.co.za and http://www.trudon.co.za, including any page, part or element thereof (This covers all websites owned and operated by TRUDON );
b) “TRUDON ” means Trudon (Pty) Ltd, a registered Private Company, including its subsidiaries, owners, shareholders and business units;
c) “User” means any person who enters or uses the TRUDON website, notwithstanding the fact that such a person only visits the home page of the TRUDON website;
d) References herein to the singular includes the plural and vice versa; and
e) The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
f) Certain pages, products or services are subject to their own set of terms and conditions and such terms and conditions available on the TRUDON website are deemed to be included as part of these terms and conditions. Such page, product or service terms include, but are not necessarily limited to, the following: Standard terms and Conditions for the Use of TRUDON’s Online Yellow Pages and White Pages (Residential) listings; and Terms applicable to The Yellow Pages Book, 10-11-8 The Talking Yellow Pages, and Terms applicable to all products sold and maintained by TRUDON.
Trudon (Pty) Ltd (TRUDON) is the market leading directional media and publishing company in South Africa. In addition World Directories, a Belgium incorporated company, owns 35% shareholding of TRUDON. This relationship offers access to the latest product and technological innovations available worldwide. TRUDON currently distributes approximately 7.7 million directories annually and thus provides world-class directional information services to millions of users within South Africa. The TRUDON Value Chain in terms of its business processes offers end-to-end directory solutions.
TRUDON has a well-developed professional infrastructure including experienced staff, proprietary tools and publishing software underpinned by sound financial controls and history that enables TRUDON to ensure that all details are considered and services are provided on time and is of a high standard.
TRUDON is the owner and publishers of:-
- The Yellow Pages Book;
- 10-11-8 “The Talking Yellow Pages”;
- Yellow Pages Internet;
- The Phone Book; and
- 34310 Yellow Pages Mobile
2. ALLOWED USE AND LICENSE
2.1 TRUDON licenses the User to view and print the content of the TRUDON website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view and print this agreement for legal and / or evidential purposes.
2.2 Content from the TRUDON website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of TRUDON.
2.3 Users may only access, browse and use the TRUDON website for legitimate personal or commercial purposes and may not use the TRUDON website or any TRUDON services and/or products for:-
2.3.1 Harmful purposes;
2.3.2 Illegal purposes;
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated,
prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications.
2.4 The caching of the TRUDON website shall only be allowed if:-
2.4.1 The purpose of the caching is to make the onward transmission of the content
from the TRUDON website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever.
2.5 If any User uses content from the TRUDON website in breach of the provisions detailed herein:-
2.5.1 TRUDON reserves the right to claim damages from the User;
2.5.2 TRUDON reserves the right to institute criminal proceedings against the User; and
2.5.3 TRUDON shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted
from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the TRUDON website from any other source shall be directed at the home page of the TRUDON website. Links beyond the TRUDON home page may be used but the user is still subjected to the terms and conditions.
2.7 TRUDON shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the TRUDON website, if such content, products or services was accessed through a hyperlink not directed at the home page of the TRUDON website. Persons that wish to link to pages beyond the home page of the TRUDON website without TRUDON’s prior written consent shall do so at their own risk and indemnify TRUDON against any loss, liability or damage that may result from the use of such hyperlinks. TRUDON’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the TRUDON website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of TRUDON, frame the TRUDON website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the TRUDON website by Users, no person may use or attempt to use any technology or applications, without the prior written consent of TRUDON .
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the TRUDON website (Including graphical images) may not be incorporated into any database used for electronic marketing or similar purposes.
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by TRUDON at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the TRUDON website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to TRUDON and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the TRUDON website are expressly reserved.
3.2 No person may use logos, icons or trade marks from the TRUDON website as hyperlinks or other purposes without TRUDON’s prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the TRUDON website to perform searches for advertisers on the TRUDON website.
These terms and conditions as well as product and / or service specific terms and conditions govern the services from or through the TRUDON website.
Access to the services, content and software available from the TRUDON website may be classified as “electronic transactions” and TRUDON has, amongst others, the duty to disclose the following information:
5.1 The full name and legal status of the website owner: TRUDON (Pty) Ltd, registration number 1992/002329/07.
5.2 Management Team: http://www.trudon.co.za/
5.3 Street address: Block F, Eastgate Office Park, South Boulevard, Bruma, 2198, South Africa.
5.4 Postal address: Postal Box 10474, Johannesburg, 2000, South Africa.
5.5 Physical address for receipt of legal service: Block F, Eastgate Office Park, South Boulevard, Bruma, 2198, South Africa.
5.6 Main business: Directory services provider, see http://www.trudon.co.za/
5.8 Codes of conduct to which TRUDON subscribes: Code of Conduct, Code of IT Ethics and Business Code of Ethics.
5.10 The costs associated with the access and use of content, products and services available on the TRUDON website are as follows:-
5.10.1 General website content free;
5.10.2 Bulk supply needs to be motivated and requested in written form from TRUDON .
5.11 Access to, saving and printing of terms:
5.11.1 Terms specific to certain products and / or services may be printed and saved
in the following manner:-
a. Printing: open the web page that details the terms and click on the print option available
on the browser toolbar; and
b. Saving: open the web page that details the terms and click on the [File] option available
on the browser toolbar, select [Save As] and save the page as a .htm or .html file. ALTERNATIVELY,
copy and paste the terms to another format such as MS Word (.doc) and save accordingly
5.12 The manner and period within which Users may access and maintain a full record of transactions: a full record of each transaction shall be disclosed to the User and Users are encouraged to print and / or save this information. Transaction records will also be disclosed to Users on request for a limited period from the date of the transaction.
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:-
5.13.1 access to the TRUDON website;
5.13.2 the inability to access the TRUDON website;
5.13.3 the services and content available from the TRUDON website; or
5.13.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation
of South Africa and such arbitration proceedings shall be conducted in Pretoria in English.
The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the
successful party on a scale as between attorney and own client. The expedited rules of
the Arbitration Foundation of South Africa may be downloaded from the following website:
5.14 Users may lodge complaints concerning the TRUDON website with TRUDON at
webmaster@Trudon.co.za. Users hereby assign the copyright in such complaints to TRUDON and
understand that TRUDON may use, disclose and publish such complaints and is furthermore under
no legal duty to answer, resolve or address such complaints.
6. CHANGES AND AMENDMENTS
TRUDON reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the TRUDON website;
6.3 discontinue any aspect of the TRUDON website or service(s) available from the TRUDON website; and/or
6.4 change the software and hardware required to access and use the TRUDON website.
7.1 TRUDON shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.gov.za/
7.2 TRUDON may electronically collect, store and use the following personal information of Users:-
7.2.1 name and surname;
7.2.2 street address;
7.2.3 postal address;
7.2.5 contact numbers;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address;
7.2.8 IP address.
7.3 TRUDON collects, stores and uses the abovementioned information for the following purposes:-
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.3.2 Provide services to the User as requested by the User;
7.3.2 Provide services to the User as requested by the User;
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save user information for web site.
7.5 TRUDON may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:-
7.5.1 TRUDON shall not disclose personal information from Users unless the User consents thereto;
7.5.2 TRUDON shall disclose personal information without the User’s consent only through
due legal process; and
7.5.3 TRUDON may compile, use and share any information that does not relate to any specific individual.
7.6 TRUDON owns and retains all rights to non-personal statistical information collected and compiled by the TRUDON.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 TRUDON may provide hyperlinks to websites not controlled by TRUDON (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
8.2 TRUDON does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.
9.1 TRUDON shall take all reasonable steps to secure the content of the TRUDON website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, TRUDON does not make any warranties or representations that content shall be 100% safe or secure.
9.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the TRUDON website or the server and computer network that support the TRUDON website.
9.3 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the TRUDON website, whether on purpose or negligently, shall, without any limitation, indemnify and hold TRUDON harmless against any and all liabilities, damages, risks and losses that TRUDON and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.4 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the TRUDON website and TRUDON reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 TRUDON (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:-
10.1.1 access to the TRUDON website;
10.1.2 access to websites linked to the TRUDON website;
10.1.3 inability to access the TRUDON website;
10.1.3 inability to access the TRUDON website;
10.1.5 content available on the TRUDON website;
10.1.6 services available from the TRUDON website;
10.1.7 products available from the TRUDON website;
10.1.8 use of content from the TRUDON website; and/or
10.1.9 any other reason not directly related to TRUDON ‘s gross negligence.
10.2 TRUDON website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the TRUDON, that the content available from and through the TRUDON website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the TRUDON website should not be regarded as professional advice or the official opinion of TRUDON and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the TRUDON website.
10.4 TRUDON does not make any warranties or representation that content and services available from the TRUDON website shall in all cases be true, correct or free from any errors. TRUDON shall take all reasonable steps to ensure the quality and accuracy of content available from the TRUDON website.
10.5 TRUDON does not make any warranties or representations that the TRUDON website shall be available at all times. Users acknowledge that the TRUDON website may be unavailable due to updates or other causes beyond the reasonable control of TRUDON, including, but not limited to virus infection, unauthorized access (hacking), power failure or other acts of God.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the TRUDON website to TRUDON and TRUDON undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to TRUDON ‘s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” send or posted by the User to the TRUDON website, its staff and employees. The RIC Act may be downloaded from: http://www.gov.za/.
The information contained in this e-mail is confidential and may also be privileged and is intended solely for the addressee. Access to this e-mail by anyone else is unauthorised. If you are not the intended recipient, any disclosure, dissemination, distribution, publication, communication, replication, verbalisation, transference, transmission, printing or copying of the whole or any part of this e-mail is strictly prohibited and may be unlawful, as is any use of or any action taken or omitted in reliance of the contents hereof. The recipient is responsible for virus checking this e-mail and any attachments.
Trudon (Pty) Ltd does not accept any liability for any loss or damage from your receipt or use of this e-mail whatsoever and howsoever arising. If you have received this e-mail in error please notify the sender immediately by return e-mail and delete this e-mail.
14. ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between TRUDON and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by TRUDON from the User.
14.2 Any failure by TRUDON to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT CONDITIONS
The User and TRUDON agree that:-
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the TRUDON website for the first time;
15.2 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and TRUDON.
16. APPLICABLE AND GOVERNING LAW
The TRUDON website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.14, the South African law enforced by the South African courts governs the use or inability to use the TRUDON website, its content, services, products and these terms and conditions.
17. LEGAL COSTS
TRUDON shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
® 2006. TRUDON (PTY) LTD. ALL RIGHTS RESERVED. PRINTING AND SAVING ALLOWED. UNAUTHORISED CHANGES NOT ALLOWED.