By using the yellowpages.co.bw search engine or other yellowpages.co.bw services (the "Services"), the user (referred to in this agreement as "You") agrees with the publisher - African Directory Services, Propriety Limited (referred to in this agreement as "ADS") to the terms of this legal agreement (the "Terms of Service") as set forth below. READ THIS LEGAL AGREEMENT CAREFULLY. If You do not agree to the Terms of Service, please do not use the Services. By using the Services, You agree to be bound by the Terms of Service. You will be bound by these Terms of Service if you use the Services.
A search using the Services may produce results and links to sites for any given query, which does not mean we endorse, promote, or agree with the ideas presented in the content. The Services do not edit, modify, delete, or add to the text content retrieved and displayed as search results unless requested for by the client.
Results that may be considered Inappropriate
A search using the Services may produce results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Services. The Services do not edit, modify, delete, or add to the text content retrieved and displayed as search results unless requested for by the client.
License to Use the Services
Subject to these Terms of Service we grant You a personal, exclusive, non-transferable license to use the Services for personal and commercial purposes. Your right to use the Services is limited by these Terms of Service. Except as otherwise explicitly provided in this agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Services; (b) rent, lease, or sublicense access to the Services; nor (c) circumvent or disable any security or technological features or measures of the Services.
Personal Use Only
The Services are made available to You for Your personal and commercial use only. This means that You may use it at work or at home, to search for anything You want including the selling of a product/s or service/s, or to increase traffic to Your Web site for commercial reasons, such as advertising sales etc.
You must comply will all applicable laws when using the Services. Except as may be expressly permitted by applicable law or authorized by us in writing, You will not , and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information or other content make available on the Services ("Content") or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) that will jeopardize the quality of the Service; (c) use the Services for any purpose except for Your own personal and/or commercial use; (d) use the Services in a manner that threatens the integrity, performance, or availability of the Services; or (e) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Services or Content. Furthermore You may not use Services in any manner that could damage, disable, overburden, or impair ADS’s Services (e.g., You may not use the Services in an automated manner), nor may You use Services in any manner that could interfere with any other party's use and enjoyment of ADS's Services.
The Services may allow you and other third parties to post listings, reviews or comments concerning the Services or otherwise in the some areas of the Services. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Services are those of the respective authors or producers and not of ADS, or its shareholders, directors, officers, or employees. ADS may review and delete any content, in whole or in part, that in the sole judgment of ADS violate these Terms of Service or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will ADS, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Services without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. Furthermore, by posting any Submission on the Services, submitting information to us, or in responding to questionnaires, you grant us a perpetual, exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by ADS will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
You will not use the Services to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.
These Terms of Service are effective from the date on which You use the Services. Your license to use the Services will terminate automatically and without notice if You fail to comply with the provisions of these Terms of Service.
You acknowledge that ADS or third parties own all rights, title and interest in and to the Services, portions thereof, or software provided through or in conjunction with the Services, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. It is ADS's policy to respond to notices of alleged infringement that comply with the Digital Copyright Act.
Changes In Terms of Service
We may modify or terminate our Services from time to time, for any reason, and without notice, including the right to terminate the Services and these Terms of Service with or without notice, without liability to You, any other user or any third party. ADS reserves the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that You will be apprised of any changes.
Disclaimer of Warranties
ADS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed by the Services. ADS disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ADS disclaims any responsibility for any harm resulting from Your use of the Services and/or any third party software accessed in conjunction with or through the Services.
THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ADS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ADS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AND PERFORMANCE OF SERVICES. ADS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL MATERIALS OBTAINED THROUGH USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ADS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE, MISUSE OR RELIANCE UPON THE SERVICES, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ADS AND/OR ITS LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall ADS or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, or other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
ADS respects the intellectual property rights of others, and asks You to do the same. If You believe that Your work has been posted on the Services in a way that constitutes copyright infringement, please contact ADS at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed, and identification of the URL or other specific location on the Services where the material that You claim is infringing is located; (3) Your address, telephone number, and email address; (4) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
ADS's designated agent for notice of copyright infringement can be reached at: firstname.lastname@example.org
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to its conflict of laws or those of Your actual state or country of residence. All disputes of any kind, nature or description arising in connection with the Terms of Service in this Agreement shall be submitted to arbitration in the Republic of South Africa for arbitration under the then prevailing Commercial Arbitration Act. The award made in the arbitration shall be binding and conclusive on the parties and judgment may be entered in any court having jurisdiction limited to the courts of the Republic of South Africa. Such award shall include the fixing of the costs, expenses and reasonable attorney's fees of arbitration, which shall be borne by the unsuccessful party.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ADS. No waiver by ADS of full performance of this Agreement by You in any one or more instances shall be deemed a waiver of the right to require full and complete performance of this Agreement thereafter or of the right to cancel this Agreement in accordance with the terms of this Agreement.
Should You have any questions regarding these Terms of Service, You may contact ADS at the ADS address above. A link is provided for the same.