PRIVACY POLICY
1. This Privacy Policy forms part of the Terms and Conditions of NAYBERS.info ("the Terms and Conditions") and must be read and construed in cnjunction with the Terms and Conditions. Any word appearing in this Privacy Policy shall, unless the context indicates otherwise, be given its ordinary meaning or be construed in accordance with the definition for such word as appears in the Terms and Conditions.
2. NAYBERS.info knows and respects that you care how information about you is used and shared. NAYBERS.info appreciates your trust that we will do so carefully and sensibly.
3. By registering on NAYBERS.info Sites, you are accepting the conditions and practices described.
4. TRAPHIL is the proprietor of a program (and intellectual property thereto) known as NAYBERS.info in the Republic of South Africa.
5. NAYBERS.info is an online application that helps people by sharing matters of community interest. To accomplish this, NAYBERS.info users write Postings that are posted to the NAYBERS.info Site. These reviews can then be accessed and read by other NAYBERS.info users. For the purposes of this Privacy Policy, a "user" is defined as someone using the NAYBERS.info Site, and a "friend" is defined as someone you have explicitly invited to share Postings with you.
6. To fulfil the purpose of the NAYBERS.info Site and NAYBERS.info Service, NAYBERS.info needs to display a limited amount of personal information, so that users are able to evaluate the trustworthiness of a particular Posting.
7. By using NAYBERS.info, you permit the collection and use of your personal information as outlined below in the Privacy Policy. You should visit this page periodically to review any changes to the Privacy Policy.
8. When/if you voluntarily disclose personal identifiable information (e.g. username, e-mail address) via reviews, messages, forums, postings, or in other areas of the NAYBERS.info Site or NAYBERS.info Service, that information, along with any substantive information disclosed in your communication, may be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. These activities are beyond the control of NAYBERS.info. Please do not post any personal information on the NAYBERS.info Site or in other areas that you expect to keep private.
9. As a registered NAYBERS.info user, you can modify your personal information at any time by accessing the ("Profile") section of the NAYBERS.info site.
10. Upon your request, NAYBERS.info will remove you and your personal information from our records; however, it may be impossible to remove your entries as they may have created additional relevant content. Registered users who wish to delete their registration should do so by emailing connect@naybers.info
11. Information NAYBERS.info collects:
11.1 User submitted account information such as name, age and email address to identify you and may send you notifications related to the use of the service;
11.2 User submitted location information such as city, state, or area code;
11.3 User submitted Postings, opinions, experiences;
11.4 Advertiser submitted advertisements, photos, logo's, specials, reviews, opinions and/or incentives to contact their local businesses.
12. Some information collected is not explicitly submitted by the user as NAYBERS.info logs your browser-type related information, IP address, requested URL, referring URL, and timestamp.
13. How NAYBERS.info uses Your Information:
13.1 Information such as your full name and any personal identifiable information you included in your Postings at the time of Posting placement may be shown to other users primarily in conjunction with Posting you have contributed.
13.2 NAYBERS.info may use your email address to send you updates or news regarding the NAYBERS.info Site or NAYBERS.info Service, but you may choose not to receive email of this type by accessing the "Profile" tab of the NAYBERS.info Site and updating your notification settings.
13.3 Browser-type related information, IP address, requested URL, referring URL, and timestamp data help NAYBERS.info diagnose problems with the NAYBERS.info server, administer NAYBERS.info, and otherwise provide the highest possible level of service to you. NAYBERS.info may also use this information to perform statistical analysis of user behaviour and characteristics in order to measure interest in and use of the various areas of the NAYBERS.info Site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on, their advertising banners.
14. Transfer of Information:
14.1 NAYBERS.info will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoenas, court orders, or other legal processes.
14.2 NAYBERS.info may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.
14.3 NAYBERS.info reserves the right to transfer your personal information in the event of a transfer of ownership of NAYBERS.info. In such an event, NAYBERS.info will notify you before information about you is transferred and becomes subject to a different privacy policy.
15. Links
15.1 The NAYBERS.info Site may contain links to third party websites to which NAYBERS.info has no affiliation. NAYBERS.info does not share your personal information with those websites and is not responsible for their privacy practices. NAYBERS.info suggests you read the privacy policies on these third party websites.
16. Use of Cookies:
16.1 Like most websites, NAYBERS.info requires cookies to function properly. Cookies are small text files that reside on a user's computer and identify you as a unique user. NAYBERS.info uses cookies to refine the NAYBERS.info Site and simplify the user experience. For example, the use of cookies allows registered users to enter the NAYBERS.info Site without explicitly typing in their username and password every time. You should be aware that NAYBERS.info cannot control the use of cookies by advertisers or any information advertisers may gather from their use of cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you certain features (e.g. customized delivery of information) available on the NAYBERS.info Site and/or NAYBERS.info Service.
17. Security:
17.1 Your NAYBERS.info membership is password-protected.
17.2 NAYBERS.info tries very hard to protect the NAYBERS.info Site and/or NAYBERS.info Service information.
17.3 NAYBERS.info limits the access to your information to those employees who need access to perform their job function such as customer service personnel.
17.4 If you have any questions about the security at the NAYBERS.info Site or NAYBERS.info Service, please contact NAYBERS.info.
17.5 Although NAYBERS.info takes appropriate measures to safeguard against unauthorized disclosures of information, NAYBERS.info cannot assure you that personal identifiable information that NAYBERS.info collects will never be disclosed in a manner that is inconsistent with this Privacy Policy.
17.6 You hereby acknowledge that NAYBERS.info is not responsible for any intercepted information sent via the internet, and you hereby release and indemnify NAYBERS.info from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner and acknowledge that the Terms and Conditions apply fully to any issues relating to intercepted information as far as relevant, in particular with regard but not limited to the Disclaimer and Indemnity provisions therein.
18. Terms and Modifications to this Privacy Policy:
18.1 By using the NAYBERS.info Site or NAYBERS.info Service, you signify your agreement to the terms of the Privacy Policy. If you do not agree with these terms, you should not use the site or service. NAYBERS.info may modify this Privacy Policy at any time. If a material change is made to this Privacy Policy and/or the way NAYBERS.info uses users' personally identifiable information, then NAYBERS.info will post a prominent notice of the nature of such change on the first page of this Privacy Policy. You are responsible for reviewing this Privacy Policy periodically to ensure that you are aware of any changes to it. Your continued use of the site indicates your assent to any changes to this Privacy Policy.
19. Currency:
19.1 All transactions are processed in local currency. Please see your region's local NAYBERS.info Site for further information.
20. Contacting NAYBERS.info:
20.1 If you have any questions about this Privacy Policy, the privacy practices of this NAYBERS.info Site or NAYBERS.info Service, or if you want to exercise any of the rights that you are given under this Privacy Policy, you can contact:
NAYBERS.info
8 Village Road
Unit G, Kloof
Durban
3610
or connect@naybers.info
TERMS AND CONDITIONS
1. OWNERSHIP AND WARNING
1.1 This web site ("NAYBERS.info") is owned and operated by Traphil Trading Trust t/a NAYBERS ("Traphil").
1.2 The use of the NAYBERS.info site is offered to you on the condition that you read, understand and accept all of the following terms and conditions, including the NAYBERS.info Privacy Policy ("these Conditions").
1.3 By clicking "I Accept" at the end of these Conditions, you will be deemed to have read, understood and accepted these Conditions. Acceptance by you and your use of the NAYBERS.info Site and NAYBERS.info Service will bind you to these Conditions. If you do not wish to accept these Conditions, do not click "I Accept"
2. DEFINITIONS
In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
2.1 "Traphil" means Traphil Trading Trust t/a NAYBERS, Trust Registration Number IT287/2007/PMB which is the owner and operator of the NAYBERS.info Site and NAYBERS.info Service;
2.2 "Conditions" means all of the terms and conditions set out hereunder;
2.3 "Content" includes, but is not limited to, information, data, text, sound, photographs, graphics, video, messages and other materials available via the NAYBERS.info Site or NAYBERS.info Service;
2.4 "KMOC" means any person who has applied to and been accredited by NAYBERS.info as a Key Member of the Community;
2.5 "NAYBERS.info" means the website www.NAYBERS.info together with its owners, operators and managers;
2.6 "NAYBERS.info Service" means the NAYBERS.info on-line service which is provided and facilitated by NAYBERS.info as including but limited to those specifications in paragraph 5 herein;
2.7 "NAYBERS.info Site" means the NAYBERS.info website owned by Traphil and includes all linked pages owned and operated by Traphil;
2.8 "NAYBERS.info user" means any person, member, group or organisation registered in terms of these Conditions;
2.9 "Postings" includes, but is not limited to, comments, opinions, reviews, postings, blogs, experiences and other content posted via the NAYBERS.info Service;
2.10 "Privacy Policy" means the Privacy Policy of NAYBERS.info and Traphil;
2.11 "Street" means a grouping of members registered under a group name for example a name of a street, complex or street committee;
2.12 "Suburb" means all members within a Suburb registered with NAYBERS.info and/or community organisations such as Community Police Forums and Municipalities;
2.13 "Username" means the username chosen by you and allocated by NAYBERS.info to enable you to use NAYBERS.info.
2.14 "You" means you, the person who will use, uses, or wishes to apply to use, the NAYBERS.info Site and "Your" shall have a corresponding meaning.
2.15 Any word used in the plural form shall include the singular and vice versa, and any word using the masculine form shall include the feminine and neuter, as the context requires.
3. PRIVACY POLICY
3.1 Before accessing the NAYBERS.info Site, you must READ the Privacy Policy.
3.2 You must not access or continue to use the NAYBERS.info Site or NAYBERS.info Service if you do not agree with the Privacy Policy.
3.3 Access to and your use of the NAYBERS.info Site or NAYBERS.info Service constitutes your acceptance of the Privacy Policy.
4. CAPACITY
4.1 You must be a legitimate neighbour, member or community organisation of a Street or Suburb, recognised by a local authority, to access and use the NAYBERS.info Site.
4.2 By accessing and using the NAYBERS.info Site or NAYBERS.info Service, you represent and warrant that you have the right, authority, and capacity to register and be bound by these Conditions.
4.3 The use of the NAYBERS.info Site or NAYBERS.info Service is at your own risk and you are responsible for compliance with any local or national laws applicable to your use of the NAYBERS.info Site and or NAYBERS.info Service.
5. ABOUT NAYBERS.info SERVICE
5.1 The NAYBERS.info Service is available for free exclusively through the NAYBERS.info Site, once your registration is complete.
5.2 The NAYBERS.info Service will, among other things:
5.2.1 allow you to post information on the NAYBERS.info Site to members in your Street and / or Suburb;
5.2.2 email to you information posted by NAYBERS.info users from your Streets and / or Suburbs, excluding any replies or responses to such post;
5.2.3 email to you information posted by NAYBERS.info users who are KMOC, excluding any replies or responses to such post;
5.2.4 email to you, unless you specify otherwise, information from community organisations in your Suburb; however, you will not able to respond to the community organisations directly from that email;
5.2.5 email to you information posts from NAYBERS.info, excluding any replies or responses to such post;
5.2.6 help you to find local businesses and services by the provision of hyperlinks to other relevant websites;
5.2.7 allow you to post and share factual information, opinions and experiences of your own for other NAYBERS.info Site users relative to your Street or Suburb;
5.2.8 allow you to view third party postings of factual information, opinions and experiences relative to Streets and Suburbs;
5.2.9 allow you to block emails sent to you containing information posted by NAYBERS.info users from your Suburbs, but not those from your Street.
6. THE NAYBERS.info SITE and SERVICE LIABILITY
NAYBERS.info will be responsible for providing the relevant emails as listed in paragraph 5.2 above. However NAYBERS.info give no guarantees:
6.1.1 that emails will arrive on time or at all or other technology used will deliver;
6.1.2 that email services or other technology services, both yours and NAYBERS.info, will perform to specification.
6.2 NAYBERS.info will provide: "Not Excluding" above Conditions a link in your notification emails to the post. ??
7. NAYBERS.info MAY REVIEW / DELETE POSTINGS AND BLOCK MEMBERS
7.1 NAYBERS.info reserves the right (but not the obligation) to review, delete, edit, reject or remove (at its sole and absolute discretion), any Postings, including but not limited to any Content that violates these Conditions.
7.2 NAYBERS.info reserves the right to block any NAYBERS.info user from making postings if, in the exclusive opinion of NAYBERS.info, such user is abusing or has abused the NAYBERS.info Site and/or Service.
7.3 NAYBERS.info shall not be required to provide reasons for its decision in relation paragraphs 7.1 or 7.2 above, but in making such decision NAYBERS.info shall inter alia take into account and have regard to the matters mentioned in 9.2 below.
8. POSTINGS
8.1 When you make a Posting to all NAYBERS.info users resident on your Street they will each receive an email notifying them of such posting.
8.2 When you make a Posting to all NAYBERS.info users resident in your Suburb no email notification of such Posting will be sent to NAYBERS.info users.
8.3 If you are a registered KMOC and make a Posting to all NAYBERS.info users resident in your suburb they will each receive an email notifying them of such Posting unless you disallow such notification.
8.4 You acknowledge that you are solely responsible for any Postings that you publish, communicate or display on the NAYBERS.info Site or transmit to other users.
8.5 The opinions expressed in the Postings do not reflect the opinions of NAYBERS.info and it does not accept any liability for the content included in the Postings nor are they responsible or liable for its accuracy or reliability.
8.6 You acknowledge and agree that you will evaluate and bear all risks associated with the use and publication of any Postings, including any reliance on the content, integrity, and accuracy of these Postings.
8.7 NAYBERS.info reserves the right, but has no obligation, to monitor disputes between you and any person or entity which you have mentioned, or that is included in your Postings.
8.8 You grant to NAYBERS.info, and you represent and warrant, that you have the right to grant NAYBERS.info, and other NAYBERS.info users, an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, publicly perform, digitally perform, publicly display, and distribute your Postings and to prepare derivative works of, or incorporate into other works, such Postings in all formats and in any manner, media or format now known or hereafter devised.
9. PROHIBITED POSTINGS AND REGISTRATION DETAILS
9.1 When submitting your Postings in any form whatsoever or when providing details for your registration:
9.1.1 You must not remove any copyright, trademark or other proprietary rights or notices contained in or on the NAYBERS.info Site and or NAYBERS.info Service;
9.1.2 You must not edit, change, modify or create versions of NAYBERS.info or other trademarks.
9.2 Your Postings must not contain:
9.2.1 Content that includes any profanity, vulgarity, obscenity, hate speech of any description or genre whatsoever, threat or any content which usage has no benefit to any NAYBERS.info user;
9.2.2 Content that is (or could be reasonably expected to be) defamatory, racist, offensive, an invasion of privacy, pornographic, contains sexually explicit material, or otherwise objectionable or unlawful;
9.2.3 Content that incites or perpetuates hatred against or vilifies any person or group on the basis of age, ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability;
9.2.4 Personal information about another individual without their permission;
9.2.5 Material that may harass another person; 9.2.6 Content that is not an original work in which you own all rights (including copyright);
9.2.6 Content that is not an original work in which you own all rights (including copyright);
9.2.7 Content that falsely expresses or implies that the material is sponsored or endorsed by NAYBERS.info;
9.2.8 Content which you know or should reasonably have known is misleading, deceptive or false; 9.2.9 Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
9.2.10 Content that is (or could be reasonably expected to be) advertising or commercial in nature;
9.2.11 Content promoting or encouraging illegal activity;
9.2.12 Advice of any kind in relation to tax, law, finance or other such advice of a professional nature; or
9.2.13 Content that is not in English or such other language as may be determined by NAYBERS.info from time to time.
9.3 You must not:
9.3.1 affect the way NAYBERS.info displays its pages, including, but limited to, placing pop-up windows over its pages or by framing blogs;
9.3.2 use web bugs or tracking technologies like sitemeter or Human Click, Using java, JavaScript, ActiveX or cookies;
9.3.3 use files or publish processes that might interfere with or pose a threat to the operation of the system or to the security of other users;
9.3.4 provide any Content containing Trojan horses, viruses, worms, cancelbots, time bombs or other computer programming routines that might damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
9.2.5 edit, modify or customize the NAYBERS.info Site or NAYBERS.info Service in a way that might in any way, including adversely affect the display of any advertising
9.2.6 or promotional links on the NAYBERS.info Site and pages; modify, adapt, translate, or reverse engineer any portion of the NAYBERS.info Site or NAYBER.info Service;
9.2.7 use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the NAYBERS.info Site or NAYBERS.info Service, other than the engine provided;
9.2.8 take any action that imposes, or may impose, in NAYBERS.info's sole discretion, an unreasonable or disproportionately large load on NAYBERS.info Site or NAYBERS.info Service IT infrastructure;
9.2.9 use the NAYBERS.info Site or NAYBERS.info Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene in terms of 9.2 or otherwise;
9.2.10 use the NAYBERS.info Site or NAYBERS.info Service, intentionally or unintentionally, to violate any applicable local, state, national or international law;
9.2.11 collect information to access the NAYBERS.info Site or NAYBERS.info Service, without their written consent;
9.2.12 copy or store any Postings or Content offered on the NAYBERS.info Site or NAYBERS.info Service, other than for your own use;
9.2.13 collect any information about other users, including, but not limited to, their username, email address or password;
9.2.14 share your password with another party;
9.2.15 create more than one account;
9.2.16 re-establish an account on NAYBERS.info after your registration has been terminated;
9.2.17 submit any misleading or false information to NAYBERS.info, including any information where you pretend to be a neighbour or member of a Street;
9.2.18 impersonate another person by entering, selecting or using that person's name, User ID or email address;
9.2.19 recreate user accounts by automated means or under false or fraudulent pretenses;
9.2.20 use email tools (such as "Email this page") to send spam or use advertisements, paid links, affiliate marketing, or any other form of link spam;
9.2.21 speak on behalf of NAYBERS.info, by describing yourself as a NAYBERS.info employee or use said business letterhead or logo's on any material without written consent from NAYBERS.info
10. INDENTIFYING FALSE NAYBERS.info USERS
10.1 NAYBERS.info users can report false neighbours and inappropriate behaviours to NAYBERS.info and NAYBERS.info may block such false NAYBERS.info user, within its absolute discretion, if necessary.
10.2 NAYBERS.info reserves the right to block any NAYBERS.info user if it believes that such NAYBERS.info user is abusing the functionality and purpose of the NAYBERS.info Site.
11. TERMS
These Conditions will remain in full force and effect every time you use the NAYBERS.info Site or NAYBERS.info Service.
12. OWNERSHIP
12.1 Except for Postings submitted by users, the NAYBERS.info Site, NAYBERS.info Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by NAYBERS.info.
12.2 As the NAYBERS.info Site or NAYBERS.info Service and any underlying technology or software used in connection with the NAYBERS.info Site NAYBERS.info Service contains NAYBER.info's proprietary information, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, software, and/or materials available on the NAYBERS.info Site or NAYBERS.info Service, in whole or in part without express written consent of NAYBERS.info.
12.3 Except as expressly and unambiguously provided herein, NAYBERS.info do not grant you any express or implied rights and all rights in the NAYBERS.info Site or NAYBERS.info Service are retained by Traphil.
13. CHANGES TO THE AGREEMENT OF NAYBERS.info
13.1 These Conditions, the NAYBERS.info Site and the NAYBERS.info Service may be modified by NAYBERS.info at any time without prior notice, and such modifications will be effective upon NAYBERS.info's posting of the new Conditions and/or upon implementation of the new changes on the NAYBERS.info Site.
13.2 You agree to review the Conditions periodically so that you are aware of any modifications.
13.3 Your continued use of the NAYBERS.info Site or NAYBERS.info Service after any modifications indicates your acceptance of the modified Conditions.
13.4 Unless expressly stated by NAYBERS.info, any new features, new services, enhancements or modifications to the NAYBERS.info Site or NAYBERS.info Service implemented after your initial access to the NAYBERS.info Site or NAYBERS.info Service shall be subject to these Conditions.
14. SECURITY AND REGISTRATION
14.1 In order to use or access some of the NAYBERS.info Service or NAYBERS.info Site, you will be required to register with NAYBERS.info.
14.2 To register with NAYBERS.info as per paragraph 14.1, you will need to:
14.2.1 enter and confirm a valid email address;
14.2.2 enter a username that has not been already entered by another NAYBERS.info user;
14.2.3 enter and confirm a valid password;
14.2.4 enter your Street address or group name; and
14.2.5 enter all compulsory fields in the online registration form marked with a "*".
14.3 NAYBERS.info reserves the right to confirm or reject your registration application as per paragraph and only when such application is accepted will an email be sent to your entered email address.
14.4 Should a new or unrecognised Street or group name be entered on NAYBERS.info Site registration application, NAYBERS.info will check the Street or group for validity before authorising such registration and will only email you if the information entered in such registration is confirmed;
14.5 Your registration details will be kept secure and private and will not be used for any other purpose other than as a NAYBERS.info user(Refer to the Privacy Policy).
14.6 You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password.
14.7 You agree to immediately notify NAYBERS.info or NAYBERS.info Services of any unauthorized use of your User ID or password;
14.8 You must ensure that you exit from your account at the end of each session. NAYBERS.info accepts no responsibility for the consequences of your failure to do so.
14.9 By using the NAYBERS.info Services or NAYBERS.info Site pursuant to these Conditions, you agree that NAYBERS.info may for security reasons and subject to the existing privacy laws, "intercept" and "monitor" (as defined in the Regulation of Interception of Communications and Provision of Communication-Related Information Act No 70 of 2002) any communication that you make or receive through your use of the NAYBERS.info Services or NAYBERS.info Site. You agree that the consent given in terms of this clause constitutes written consent as contemplated in the Electronic Communications and Transactions Act No 25 of 2002 as amended and any other applicable legislation.
15. TERMINATION
15.1 You must provide NAYBERS.info or NAYBERS.info Service with accurate, true, complete, and updated registration information and failure to do so will constitute a breach of these Conditions and may result in immediate termination of your registration.
15.2 NAYBERS.info may, at its sole discretion, refuse to register or cancel or terminate your registration and username if NAYBERS.info considers, at its sole and absolute discretion, that you have breached any of these Conditions.
15.3 Should you wish to terminate your registration with NAYBERS.info, you must email your request to NAYBERS.info at support@naybers.co.za and such termination shall be effected by NAYBERS.info within a reasonable period.
16. COPYRIGHT
16.1 All data included on the NAYBERS.info Site or NAYBERS.info Service, such as text, graphics, logos, button icons, images, data compilations, and software ("data") is the property of NAYBERS.info or its content suppliers and protected by international and/or applicable national copyright laws.
16.2 The compilation of all data on the NAYBERS.info Site is the exclusive property of NAYBERS.info or its affiliates and protected by international and/or applicable national copyright laws.
16.3 All software used on the NAYBERS.info Site or NAYBERS.info Service is the property of NAYBERS.info, its affiliates, or its software suppliers and protected by international and/or applicable national copyright laws.
16.4 You must not distribute, sell, rent, sublicense or lease any information or data obtained from the NAYBERS.info Site or NAYBERS.info Service.
17. TRADEMARKS
17.1 NAYBERS.info and other NAYBERS.info graphics, logos, page headers, button icons, scripts, and service names are pending trademarks, registered trademarks or trade dress of NAYBERS.info or NAYBERS.info is the authorised user of same.
17.2 NAYBERS.info's trademarks and trade dress may not be used in connection with any product or service that is not NAYBERS.info's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits NAYBERS.info.
17.3 All other trademarks not owned by NAYBERS.info or that appear on the NAYBERS.info Site or NAYBERS.info Service, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NAYBERS.info.
18. COPYRIGHT DISPUTE POLICY
18.1 NAYBERS.info has adopted the following general policy toward copyright infringement: NAYBERS.info's Policy.
18.1.1 NAYBERS.info's policy is to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of NAYBERS.info's affiliates, content providers, users; and (ii) remove and discontinue service to repeat offenders.
18.1.2 Procedure for Reporting Copyright Infringements. If you believe that Content, material or Postings residing on or is accessible through the NAYBERS.info Site or NAYBERS.info Service infringes a copyright, please send a notice of copyright infringement containing the following information to the address listed below. This infringement notice must include:
18.1.2.1 a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
18.1.2.2 identification of works or materials being infringed;
18.1.2.3 identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that NAYBERS.info is capable of finding and verifying its existence;
18.1.2.4 contact information about the notifier including address, telephone number and email address;
18.1.2.5 a statement that the notifier believes in good faith that the material is not authorized by the copyright owner, its agent, or the law; and
18.1.2.6 a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
18.1.3 Once an Infringement Notification is received by NAYBERS.info, it is policy:
18.1.3.1 to remove or disable access to the infringing material;
18.1.3.2 to notify the provider of the material or user that it has removed or disabled access to the material and that repeat offenders will have the infringing material removed from the system and that NAYBERS.info will terminate such provider's or user's access to the service;
18.1.3.3 If the provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the provider or user must send a counter-notice containing the following information:
18.1.3.3.1 a physical or electronic signature of the provider or user;
18.1.3.3.2 identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
18.1.3.3.3 a statement that the provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
18.1.3.3.4 the provider's or user's name, address, telephone number, and, email address and a statement that such person or entity consents to the appropriate jurisdiction of the courts for the district in the Republic of South Africa in which the provider's or user's address is located, for any district in which NAYBERS.info is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
18.1.4 If a counter-notice is received by NAYBERS.info, the latter may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the provider or user, the removed material may be replaced or access to it restored within 10 to 14 business days or more after receipt of the counter-notice, at NAYBERS.info's discretion. Please contact NAYBERS.info to Receive Notification of Claimed Infringement at the following email address: support@naybers.co.za. NAYBERS.info reserves the right to change the email address from time to time.
19. LIABILITY
19.1 You acknowledge and agree that NAYBERS.info will not, under any circumstances, be liable for any loss or damage of any kind incurred in relation to the NAYBERS.info Site or NAYBERS.info Service, as a result of your use in any way of the NAYBERS.info Site or NAYBERS.info Service including any Postings or Content by or concerning you.
19.2 You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the NAYBERS.info Site and/or NAYBERS.INFO Service, it is solely between you and the applicable third party. NAYBERS.info has no liability, obligation or responsibility for any such activity and/or published comments/Content on the NAYBERS.info Site or NAYBERS.info Service. You hereby release and indemnify NAYBERS.info from all claims arising from such activity which in any way whatsoever relate or pertain to you.
19.3 NAYBERS.info shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NAYBERS.info's reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
19.4 Without limiting the foregoing, NAYBERS.info, affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, NAYBERS.info maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to NAYBERS.info, as the case may be, for the NAYBERS.info Service in the 12 months prior to the action giving rise to liability.
20. INDEMNITY
20.1 You agree to indemnify and hold NAYBERS.info, parent companies, subsidiaries, licensors, affiliates, associates, officers and employees, harmless from any claim or demand, including all expenses and legal costs, made by any third party due to or arising out of (i) your access to and use of the NAYBERS.info Site, (ii) your use of the NAYBERS.info Service and the Content provided by you, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.
20.2 To the extent that clause 20.1 is a stipulatio alteri, NAYBERS.info acts as an agent for and on behalf of all parent companies, subsidiaries, licensors, affiliates, associates, officers and employees for purposes of acceptance of any benefits conferred by such stipulatio alteri.
21. DISCLAIMER
21.1 The NAYBERS.info Site is provided by NAYBERS.info on an "as is" basis. NAYBERS.info makes no representations or warranties of any kind, express, statutory or implied as to the operation of the NAYBERS.info Site or NAYBERS.info Service, Content, Postings, materials, or products included on the NAYBERS.info Site or in association with the NAYBERS.info Service.
21.2 To the fullest extent permissible by applicable law, NAYBERS.info disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
20.3 NAYBERS.info further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the NAYBERS.info Site or NAYBERS.info Service. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. NAYBERS.info is not responsible for the conduct of any NAYBERS.info user.
21.4 NAYBERS.info does not warrant or covenant that the NAYBERS.info Site or NAYBERS.info Service will be available at any time or from any particular location, or will be secure or error-free, or that defects will be corrected or that the NAYBERS.info Site or NAYBERS.info Service is free of viruses or other potentially harmful components. If defects are identified NAYBERS.info will endeavor to correct them.
22. MISCELLANEOUS
22.1 If there is any dispute about or involving the NAYBERS.info Site and/or the NAYBERS.info Service, by using the NAYBERS.info Site or NAYBERS.info Service, you agree that the dispute will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions.
22.2 You agree to personal jurisdiction by and venue in the courts of the Republic of South Africa.
22.3 No agency, partnership, joint venture, or employment is created as a result of these Conditions and you do not have any authority of any kind to bind NAYBERS.info in any respect whatsoever.
22.4 NAYBERS.info may provide you with notices, including those regarding changes to the Conditions by email, regular mail or postings on the NAYBERS.info Site or NAYBERS.info Service.
22.5 These Conditions, accepted upon use of the NAYBERS.info Site or NAYBERS.info Service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and NAYBERS.info regarding the use of the NAYBERS.INFO Site and/or the NAYBERS.INFO Service.
22.6 The failure of NAYBERS.info to exercise or enforce any right or any of these Conditions will not constitute a waiver of such right or Condition.
22.7 If any Condition is found to be unenforceable or invalid, that Condition shall be limited or eliminated to the minimum extent necessary so that the balance of these Conditions shall otherwise remain in full force and effect and enforceable.
22.8 This Agreement is not assignable, transferable or sub licensable by you except with NAYBERS.info's prior written consent.
22.9 You acknowledge that electronic signature, encryption and/or authentication is not required for valid electronic communications between you and NAYBERS.info.
22.10 The section titles in these Conditions are for convenience only and have no legal or contractual effect.
23. CONTACT AND VIOLATIONS
Please contact NAYBERS.info with any questions regarding these Conditions. Please report any violations of the Conditions to support@naybers.co.za or such other address as may be provided by NAYBERS.info from time to time.