1. User agreement
By using our Site, you consent to this agreement in its entirety.
Should we update, amend, or make any changes to this document, those changes will be prominently posted here.
2. Interpretation and Definitions
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of this Terms and Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to FreeListing.co.za.
Content means all content posted onto this Directory/and classifieds Website including, without limitation, all text, graphics, icons, photographs, URLs, and Reviews.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to South Africa.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service or Site refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Listing means a business profile in the Database. A Business Profile may contain information about the profiled business, for example, contact details.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Free Listing, accessible from FreeListing.co.za.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
3.1. Collecting and Using Your Personal Data
3.1.1. Collection of Information
We collect personal information about you when:
- information about you is posted (registering business listing or public user account.) on a South Africa business directory website, either by you or by a third party.
- when you log into a South Africa business directory website or otherwise submit your personal information.
- when you use Free Listing, in which case our system automatically collects information relating to your visit to that website, such as your IP address.
- We DO NOT collect banking or credit card information.
3.1.2. Types of Data Collected
126.96.36.199. Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally, identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
188.8.131.52. Usage Data
Usage Data has collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
184.108.40.206. Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities, or Your contact list associated with that account.
220.127.116.11. Tracking Technologies and Cookies
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us.
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
3.1.3. The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improve our Service, products, services, marketing, and your experience.
3.1.4. We may share Your personal information in the following situations ONLY:
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures, and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your Consent: We may disclose Your personal information for any other purpose with Your consent.
3.1.5. Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3.1.6. Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
3.1.7. Disclosure of Your Personal Data
18.104.22.168. Business Transactions
22.214.171.124. Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
126.96.36.199. Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation.
Protect and defend the rights or property of the Company.
Prevent or investigate possible wrongdoing in connection with the Service.
Protect the personal safety of Users of the Service or the public.
Protect against legal liability.
Security of Your Personal Data.
The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
3.2. Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please Contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
3.3. Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
4.1. General Use Terms
- You may use Free Listing in accordance with this Agreement.
- The Accuracy of our data is extremely important to us. Should you come across information on our website that:
- Infringes any law, regulation, standard or relevant industry code,
- Breach any of the requirements of this policy agreement,
- Is incorrect,
Please let us know immediately.
- You must not:
- Infringe the intellectual property rights of others,
- impersonate or falsely state or misrepresent an affiliation with any person or organisation,
- violate any applicable law, regulation, standard or relevant industry code,
- sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on Free Listing which does not form part of Your Business Profile,
- Use Free Listing to promote or use, pyramid schemes, chain letters, junk email, spamming or any similar activity,
- Access Free Listing through any other means other than the Free Listing Web interface,
- Access Free Listing through automated means using but not limited to scripts and web-scrapers.
- In any way try to gain unauthorized access to the Site or User accounts for any reason.
Violating any part of this agreement may lead to your account being suspended or terminated. Free Listing will pursue all the necessary legal avenues including compensation for damages to stop any organisation, group or individual and bring them to prosecution that may inflict damage to the Site, data, or reputation of Free Listing.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
The Reviews on Our site does not reflect the opinions of Free Listing. It is the Listing owner’s responsibility to interact and engage with Consumers in a way to generate positive reviews. Free Listing has designed a platform to provide Listing owners with the tools to communicate with Consumers effectively and easily.
4.3. Links to Other Websites (cont.)
You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
4.5. Limitation of Liability
Free Listing does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. Free Listing only provides the platform. We are not involved in the actual transactions between users.
Free Listing does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Free Listing also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
As most of the content on Free Listing comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction. You agree not to hold us responsible for things other users post or do.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Free Listing will not be held liable for any purchases or services acquired from businesses listed on the platform. The businesses listed on the website are responsible for payments, refunds, returns and quality of service. The business is also responsible for maintaining the legitimacy of its establishment, as well as the products and website.
If We are found, despite the above-mentioned disclaimers, to be liable for any reason to you or any third party, the liability is limited to 500 ZAR (five hundred South African Rands). Under no circumstances is Free Listing held accountable for any indirect damages, special damages, consequential damages, or loss of profits and/or data.
4.6. “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
4.7. User Accounts
- You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site.
- You are responsible for maintaining the confidentiality of your account password.
- You are also responsible for all activities that occur in connection with your account.
- You agree to notify us immediately of any unauthorized use of your account.
- You must provide complete and accurate information about yourself or Business.
- You must not:
- impersonate someone else ( e.g., another human or another business unit),
- provide an email address other than your own or Businesses,
- create duplicate accounts for the same listing or Business.
4.8. Listing and Reviews
- You may use South Africa Business Directory Website to add, amend and/or update a Business Listing or a Review, solely on the terms and conditions of this Agreement.
- By using Our service, you consent to make your Content publicly available and to be searchable on the website and through search engines.
- If you are a company or other juristic entity, then the person agreeing to these Terms on behalf of that company or juristic entity hereby represents and warrants that she or he is authorized and lawfully able to bind that company or juristic entity to these Terms.
- All Content must:
- be complete and accurate,
- not be of a nature likely to bring Free Listing into disrepute,
- comply with all laws, regulations, standards, and relevant industry codes.
- You must not:
- use South Africa Business Directory Website to post Content for a business that is not located in South Africa,
- use South Africa Business Directory Website to add or amend a Business Listing where You do not have the express authorisation of that business to do so,
- upload, post, transmit, publish, or otherwise make available any Accessible content that You do not have a right to make available under any law, regulation, rule, or code or under contractual or other legal relationships,
- upload, post, transmit, publish, or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent, sexist, derogatory or unlawful content or Accessible content,
- infringe the intellectual property rights of others,
- breach a law including, without limitation, any law that restricts advertising of a profession.
- Content and Reviews of the following nature are strictly prohibited:
- Defamatory content
- Illicit drugs and narcotics
- Illegal firearms and prohibited weapons of any kind
- Illegal activities (including piracy, academic plagiarism, infringements to Intellectual Property)
- Racist, sexists, political or content that is prejudice to any group of people.
Content of this type will be removed without notice and at our discretion may terminate your account. Every effort has been taken to ensure Content and Reviews are moderated as per our guidelines in a timely manner. Should You be unhappy about Content or a Review that has not been removed without 4-5 working days that does not meet our guidelines laid out in this agreement, please contact us at info@FreeListing.co.za with a link to the material and we will expedite moderation for your query. Contacting us by no means guarantees we will remove a Review or Content as we will still apply Our guidelines.
If any of the information in the Your Listing changes, becomes out of date, or no longer complies with this Agreement, You must immediately amend Your Business Listing so that it complies with this Agreement, and/or immediately notify Us.
You acknowledge and agree that by posting Content onto Free Listing You consent to be contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Free Listing.
4.9. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Use of Free Listing is free to use but charges a fee for additional services. In such cases where a fee is charged, all costs will be clearly outlined. Our fees are quoted in South African Rand, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they’re due. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
4.11. Site Availability
Our site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability, however, due diligence will be taken to ensure we, to the best of our ability limit any interruptions during peak operating hours to minimize the impact on Consumers and Businesses.
4.12. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
4.13. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
4.14. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
4.14.1. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.