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Terms and Conditions

Welcome to The Referral Database SA, a business listings website that connects you with the businesses around you. The Referral Database SA (defined below) is operated by Business Integration Bureau and its subsidiaries and affiliates (“us” or “we”). By using or accessing The Referral Database SA, you agree that you have read, understand and are bound by these Terms of Use (“Terms”). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of The Referral Database SA after any such changes constitutes your acceptance of the new Terms.

Eligibility
Registration – Account Security

When you register for and use The Referral Database SA, you will be asked to provide information about yourself (“User Data”). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing The Referral Database SA, you represent, warrant and agree that you will not:

  • Do anything that could disable, overburden or impair the proper working of The Referral Database SA;
  • Use any robot, spider, scraper or other automated means to access The Referral Database SA;
  • Send spam or any other unauthorized advertisements or solicitations through or using The Referral Database SA;
  • Harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively “Contact Information”) of users of The Referral Database SAwithout consent from such users;
  • Solicit private information (including social security numbers, credit card numbers and passwords) from users of The Referral Database SA;
  • Provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
  • Use your profile (as opposed to a Page) for any commercial purpose;
  • Offer any contest, sweepstakes, coupon or other promotion through The Referral Database SAwithout our prior written consent;
  • Use an iFrame or offer web search functionality on The Referral Database SA;
  • Intimidate or harass any user;
  • Do anything that is illegal, infringing, fraudulent, malicious or could expose The Referral Database SAor The Referral Database SA users to harm or liability; or
  • Attempt, encourage or facilitate any of the above.
User Content

By using or accessing The Referral Database SA, you represent, warrant and agree that you will not Post:

  • User Content that violates the law or anyone’s rights, including intellectual property (“IP”) rights or other proprietary rights (such as rights of publicity and privacy);
  • Any Contact Information or private information of any third party;
  • False, misleading or fraudulent information;
  • Any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
  • Alcohol-related or other mature content on Pages on The Referral Database SAthat have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
  • User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

The Referral Database SA does not pre-screen, review, edit or approve any User Content. The Referral Database SA may, in its sole discretion, remove or disable access to any User Content.

“User Content” means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through The Referral Database SA. “Post” means to upload, post, transmit, share, store, link to or otherwise make available on or through The Referral Database SA.

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on The Referral Database SA.

If you collect, access or use information relating to any user of The Referral Database SA (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not The Referral Database SA.

Ownership – Proprietary Rights

Except for User Content and Applications/Connect Sites, all materials, content and trademarks on The Referral Database SA are the property of The Referral Database SA and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Except as expressly authorized by The Referral Database SA in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.

Licenses

You are solely responsible for the User Content that you Post on or through The Referral Database SA. You hereby grant The Referral Database SA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with The Referral Database SA or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with The Referral Database SA or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

If you own or control a website, you may place The Referral Database SA‘s link button, logo and/or text (a “Link”), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on The Referral Database SA. By offering a Link on your website, you agree, represent and warrant that you will not place a Link on any page containing content that would violate these Terms if Posted on The Referral Database SA. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to The Referral Database SA (“Submissions”), are non-confidential and non-proprietary. The Referral Database SA will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold The Referral Database SA responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to The Referral Database SA. This includes transactions conducted on The Referral Database SA as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to The Referral Database SA, you release The Referral Database SA and its directors, officers, employees and agents (collectively, the “The Referral Database SA Entities”) from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

If you believe that The Referral Database SA or The Referral Database SA‘s business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of The Referral Database SA‘s legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that The Referral Database SA is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold The Referral Database SA Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys’ fees) (“Claim”) arising out of or related to your (a) use of The Referral Database SA or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. The Referral Database SA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The Referral Database SA, and you agree to cooperate with The Referral Database SA‘s defense of these Claims.

General Disclaimers

USE OF The Referral Database SA IS AT YOUR OWN RISK. The Referral Database SAThe Referral Database SA WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH The Referral Database SA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Referral Database SA, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, The Referral Database SA, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT The Referral Database SA WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT The Referral Database SA OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Referral Database SA IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH The Referral Database SA (COLLECTIVELY, “THIRD PARTY MATERIALS”). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL The Referral Database SA ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE The Referral Database SA, THE The Referral Database SA WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH The Referral Database SA, EVEN IF The Referral Database SA OR A The Referral Database SA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, The Referral Database SA‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF The Referral Database SA ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF The Referral Database SA, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF The Referral Database SA (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO The Referral Database SA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR R1,000; WHICHEVER IS GREATER.

Termination and Changes to The Referral Database SA

We may terminate your account on The Referral Database SA, delete your profile and any User Content you have Posted on or through the The Referral Database SA Service, and/or prohibit you from using or accessing the The Referral Database SA Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of The Referral Database SA at any time without notice. The following sections will survive any termination of your use of The Referral Database SA: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers and Other.

Payments/Fees

You agree that the payments or fees are fully payable after any free trials that are announced by The Referral Database SA on our Platform. You agree that the payments are deducted from your account as a debit order and you give consent to The Referral Database SA that the payments may be collected directly from your bank account only the amount that is to be paid by you that you signed up for.

You also agree that the payments are payable are deducted on the day that your business listing took effect.

Payments/Fees Refunds

You agree that the payments or fees paid to us for any services we render to you are not refundable.

Cancelation Obligation

You agree that in the event you want to cancel your Subscription before or after our free trial periods, you are liable to pay the full free trial period payments with the current subscription price that is asked by us and announced by us on our platform and equal to the package you enrolled with us. You agree that The Referral Database SA may bill you with the free trial payment when you cancel your subscription payments with us for the whole free trial period.

Other

The “The Referral Database SA” means the features, services and properties that The Referral Database SA makes available through (a) www.referraldatabasesa.com or any other The Referral Database SA-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the The Referral Database SA Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms “includes,” “including,” “e.g.,” “for example,” and other similar terms used herein are deemed to include the term “without limitation” immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from The Referral Database SA at the email address you provide in registering for The Referral Database SA or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of The Referral Database SA.

 

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