Terms and Conditions - HereNow

terms and conditions

  1. Terms

    By accessing this website, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

  2. Use License

    Permission is granted to view the information on the www.herenow.co.za website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    • Modify or copy the materials;
    • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • Attempt to decompile or reverse engineer any software contained on the www.herenow.co.za website;
    • Remove any copyright or other proprietary notations from the materials; or
    • Transfer the materials to another person or "mirror" the materials on any other server.
    • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Trudon, the publishers of the Yellow Pages and HereNow, at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  3. Disclaimer

    The materials on the yellowpages.co.za web site are provided "as is". Trudon, the publishers of the Yellow Pages and HereNow makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Trudon, the publishers of the Yellow Pages and HereNow does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

  4. Limitations

    In no event shall Trudon Publishers of the Yellow Pages and HereNow, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the yellowpages.co.za Internet site, even if Trudon, the publishers of the Yellow Pages and HereNow or a Trudon, the publishers of the Yellow Pages and HereNow’s authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

    4.1. You agree not to, and will not assist, encourage, or enable others to use the website to:

    • Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
    • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    • Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by HereNow;
    • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
    • Solicit personal information from minors, or submit or transmit pornography; or
    • Violate any applicable law.

    4.2. You also agree not to, and will not assist, encourage, or enable others to:

    • Violate the Terms;
    • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by HereNow;
    • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
    • Reverse engineer any portion of the Site;
    • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
    • Record, process, or mine information about other users;
    • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
    • Reformat or frame any portion of the Site;
    • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on HereNow's technology infrastructure or otherwise make excessive traffic demands of the Site;
    • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
    • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature
    • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
    • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
    • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
  5. Content

    5.1. Responsibility for Your Content

    You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.

    You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    5.2. Our Right to Use Your Content

    We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sub licensable, transferrable rights to use Your Content for any purpose.

    You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.

    Finally, you irrevocably waive, and cause to be waived, against HereNow and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

    5.3. Ownership

    As between you and HereNow, you own Your Content. We own the HereNow Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.

    5.4. Advertising

    HereNow and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  6. Revisions and Errata

    The materials appearing on the yellowpages.co.za web site could include technical, geographical, or photographic errors. Trudon, the publisher of the Yellow Pages and HereNow, does not warrant that any of the materials on its web site are accurate, complete, or current. Trudon, the publishers of the Yellow Pages and HereNow, may make changes to the materials contained on its websites at any time without notice. Trudon, the publishers of the Yellow Pages and HereNow, does not, however, make any commitment to update the materials.

  7. Links

    Trudon, the publishers of the Yellow Pages and HereNow, has not reviewed all of the sites linked to its Internet websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Trudon, the publishers of the Yellow Pages and HereNow, of the site. Use of any such linked website is at the user's own risk.

  8. Site Terms of Use Modifications

    Trudon, the publishers of the Yellow Pages and HereNow, may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

    8.1. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

  9. Governing Law

    Any claim relating to the HereNow platforms shall be governed by the laws of South Africa without regard to its conflict of law provisions.

  10. General Terms

    • We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
    • We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
    • Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    • The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    • Any failure on HereNow's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    • If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  11. Privacy Policy

    Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
    • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
    • We will only retain personal information as long as necessary for the fulfilment of those purposes.
    • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    • We will make readily available to customers information about our policies and practices relating to the management of personal information.

    We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.