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Terms and Conditions and Privacy Policy Mobile

Terms and Conditions and Privacy Policy

a)     Users

Accuracy of Information

  1. We do our best to ensure all information on the App is accurate. If you find any inaccurate information on the App, please notify us by email at adele@abpromotions.co.za.
  2. We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. This App contains a large amount of data and there will inevitably be errors in it. You are advised to check directly with the businesses to verify information.

Our Liability

  1. We provide information on this App free of any access charge and on the basis of no liability for the information given.
  2. In no event shall we be liable to you for any direct or indirect or consequential loss, loss of profit, revenue or good will arising from your use of the App or information on the App. All terms implied by law are excluded.
  3. We are a distributor (and not a publisher) of content supplied by third parties and users of the App. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the App.

Barring From the App

We reserve the right to bar users from the App on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the App under any other name or through any other user.

Links

For your convenience, we may provide links to certain third party websites or referrals to certain third parties’ products or services. If you choose to visit a third party’s website or use its products or services, please be aware that the third party’s privacy policy, and not the application’s privacy policy, will govern your activities and any information you disclose while interacting with the third party.

Contact us

If you have any questions regarding terms and conditions or privacy while using the application, or have questions about our practices, please contact us via email at adele@abpromotions.co.za.

b)     Businesses

  1. Acknowledgement & Acceptance of Agreement
    1. Acknowledgement & Acceptance of Agreement
      1. This Listings Service Agreement (along with all other applicable terms and conditions, including, without limitation, the Club 790 Business Directory Terms of Use, the Code of Conduct and the Editorial Guidelines, which are hereby incorporated by reference in this ‘Agreement’) is made and entered into by Club 790 Business Directory, and the business entity identified by you when registering and accepting this Agreement (the ‘Advertiser’ or ‘you’) by clicking on an ‘I Accept’ button or similar button or link, where such action is identified as having the effect of accepting this Agreement. You acknowledge, represent and warrant that you are authorized to enter into this Agreement on behalf of the Advertiser, that your Acceptance of this Agreement has the effect of making the Advertiser a party bound to this Agreement, and that the information submitted by you Club 790 Business Directory, via online forms or otherwise, is and will continue to be authentic and correct.
      2. Pursuant to this Agreement, Advertiser submits business Listing(s) and/or link(s) to, its web site(s) for inclusion in Club 790 Business Directory. The terms and conditions applicable are set forth below.
      3. Basic inclusion of a website title, description and URL (‘Business Listing’) on the Club 790 Business Directory site are sold on an inclusion basis for a once off setup and recurring monthly fee. Club 790 Business Directory may, in its sole discretion, change the setup or monthly fee at any time.
      4. Following submission by Advertiser of a Business Listing submission form, Club 790 Business Directory will review the Business Listing entry containing the information submitted by Advertiser regarding its website/details, to determine whether Advertiser’s Business Listing entry and applicable web site is eligible for inclusion in Club 790 Business Directory Within five (5) business days from the date the Business Listing submission form is received by Club 790 Business Directory, Club 790 Business Directory will review Advertiser’s Business Listing entry inclusion to determine whether it is eligible for inclusion in Club 790 Business Directory.
    2. Notification of Changes
      1. Club 790 Business Directory may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the monthly fees charged for the Listing Services. Whenever Club 790 Business Directory changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement.  It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if Club 790 Business Directory determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify Club 790 Business Directory of your election not to renew your Agreement, as provided in Section 3 below.
    1. Term of Agreement
      1. Club 790 Business Directory may, at any time in its sole discretion, with or without cause, terminate this Agreement and/or cancel any listings or links submitted under this Agreement.
      2. Auto-Renewal: Advertiser’s Business Listing subscription will be automatically* renewed on a month to month basis*, unless Advertiser notifies Club 790 Business Directory by sending an email with the words ‘CANCELLATION’ in the subject line to adele@abpromotions.co.za *. Advertiser shall deliver such notice at least thirty (30) days prior to the commencement of the next renewal term. *Notice of cancellation to be sent (30) days prior to or after expiration of contract and not earlier.*
    1. Service Fees and Payment Terms
      1. Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Club 790 Business Directory in writing within sixty (60) days after any such charge; failure to so notify Club 790 Business Directory shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Club 790 Business Directory. No other measurements or statistics of any kind shall be accepted by Club 790 Business Directory or have any effect under this Agreement.
      2. Fees: Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Advertiser disputes any charge made under this Agreement, Advertiser must notify Club 790 Business Directory by sending a detailed notice of dispute to Club 790 Business Directory via email at: adele@abpromotions.co.za within ten (10) days of the charge; failure to so notify Club 790 Business Directory shall result in the waiver by Advertiser of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Club 790 Business Directory. No other measurements or statistics of any kind shall be accepted by Club 790 Business Directory or have any effect under this Agreement. All payments made under this Agreement are non-refundable.
      3. Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of ten percent (10%) per month or the maximum rate permitted by applicable law, whichever is less, and Advertiser shall reimburse Club 790 Business Directory for any costs and fees (including attorneys’ fees) incurred by Club 790 Business Directory in an effort to collect any amount due hereunder.
      4. Disputes: If Advertiser has any questions or objections regarding charges, it must promptly (within 3 days from invoice) notify Club 790 Business Directory in writing (including electronic mail) and make a reasonable and good faith effort to resolve its objection. Such notice must identify the amount in dispute and must provide in reasonable detail the basis for disagreement with any charges. If (a) Advertiser fails to comply with these requirements BEFORE filing a dispute with the credit card processing company, or (b) advertiser files a dispute with the credit card processing company that is not in good faith, Advertiser will be in material breach of this Agreement and Club 790 Business Directory will be entitled to liquidated damages calculated as follows in addition to any equitable remedies available to it. Liquidated damages may include but not be limited to: all fees accrued up to the termination of this Agreement, plus attorney fees and costs, plus late fees on the foregoing at the legal rate of interest. For purposes of this paragraph, disputing payment because of inability to pay or because of Advertiser’s failure to submit a proper notice of non-renewal by the applicable date shall not be considered to be a good faith dispute.
      5. Payment Method:  Advertisers are generally required to pay for Listings by direct deposit into Club 790 Business Directory bank account or via debit order mandate or via the Club 790 Business Directory payment portal.
    1. Editorial Standards and Requirements
      1. Advertiser’s Listing entries are written by Club 790 Business Directory, or written by Advertiser subject to Club 790 Business Directory approval. Advertiser agrees to be bound by and follow the Club 790 Business Directory editorial standards as described in Club 790 Business Directory Guidelines. Advertiser’s submissions to the Club 790 Business Directory site will be subject to Club 790 Business Directory editorial review, modification and/or removal in Club 790 Business Directory sole discretion. Club 790 Business Directory reserves the right, but not the obligation, to review Advertiser submissions.
      2. ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE CLUB 790 BUSINESS DIRECTORY SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, CLUB 790 BUSINESS DIRECTORY OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
      3. ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLUB 790 BUSINESS DIRECTORY AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, ‘LOSSES’) THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER’S LINKS OR LISTINGS. CLUB 790 BUSINESS DIRECTORY RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
    1. Security
      1. Club 790 Business Directory endeavors to protect the security of Advertiser’s payment information during transmission by using Secure Sockets Layer (‘SSL’) when receiving payment information through the Club 790 Business Directory website. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser’s account on Club 790 Business Directory .
    1. Registration Information
      1. In connection with the Listing program, Advertiser is required to submit registration information. Club 790 Business Directory may use such information to contact Advertiser regarding its listings and links. Club 790 Business Directory may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of Club 790 Business Directory, its affiliates or related parties. Notwithstanding anything to the contrary herein, Club 790 Business Directory may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of Club 790 Business Directory with another entity.
    1. License
      1. Advertiser hereby grants to Club 790 Business Directory a worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser’s listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the ‘Advertiser Marks’), for purposes of providing the services covered by this Agreement; and (ii) incorporate in Club 790 Business Directory sites links provided by Advertiser as part of its listings and submissions.
    1. Warranty Disclaimer
      1. NEITHER CLUB 790 BUSINESS DIRECTORY NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. CLUB 790 BUSINESS DIRECTORY’S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND CLUB 790 BUSINESS DIRECTORY’S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT CLUB 790 BUSINESS DIRECTORY’S SITE IS OPERATED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, AND THAT NEITHER CLUB 790 BUSINESS DIRECTORY NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEB SITE OR SERVICES.
    1. Limitation of Liability
      1. IN NO EVENT SHALL CLUB 790 BUSINESS DIRECTORY OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL CLUB 790 BUSINESS DIRECTORY LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO CLUB 790 BUSINESS DIRECTORY BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.
    1. Privacy Policy
      1. In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of Club 790 Business Directory site while such users are browsing or viewing Club 790 Business Directory sites, or place any file or code, including cookies, on the personal computers of users of Club 790 Business Directory sites while such users are browsing or viewing Club 790 Business Directory sites. Club 790 Business Directory privacy policies shall apply to users of Club 790 Business Directory’s Web Site while users are browsing or viewing Club 790 Business Directory’s site, and Advertiser shall comply with same. Club 790 Business Directory shall own all information relating to user access to Club 790 Business Directory’s site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. ‘Personal Information’ includes an individual’s name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived.
    1. Reservation of Rights
      1. Advertiser agrees that Club 790 Business Directory retains all right, title and interest in and to Club 790 Business Directory’s technology, services and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by Club 790 Business Directory, except as explicitly provided herein or approved in advance in writing by Club 790 Business Directory
    1. Miscellaneous
      1. Club 790 Business Directory reserves the right, in its sole discretion, to (i) remove Advertiser’s Listing and/or cancel Advertiser’s account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the Club 790 Business Directory or website. Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), link(s) and/or account will remain on the Club 790 Business Directory or website if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Club 790 Business Directory all moneys due hereunder.
      2. Receipt times of all submissions, notices and other correspondences and transactions via the Club 790 Business Directory site are measured based on receipt by Club 790 Business Directory servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of the South Africa, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Club 790 Business Directory must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect.

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