Welcome to www.thelittlepages.co.za ("The Little Pages"). By accessing The Little Pages you are agreeing to the following terms, which are designed to make sure that The Little Pages works for everyone. The Little Pages is provided to you by Media Axis, c/o Lower Valley Road and Alabaster Street, South End, Port Elizabeth, 6000, also referred to below as "The Little Pages". This policy is effective 16 March 2015.
Using The Little Pages.
As a condition of your use of The Little Pages you agree that you will not:
violate any laws;
violate the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm The Little Pages or the interests or property of The Little Pages users;
impose an unreasonable load on our infrastructure or interfere with the proper working of The Little Pages;
copy, modify, or distribute any other person's content without their consent;
use any robot spider, scraper or other automated means to access The Little Pages and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
bypass measures used to prevent or restrict access to The Little Pages.
You are solely responsible for all information that you submit to The Little Pages and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Abusing The Little Pages.
The Little Pages and the The Little Pages community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off The Little Pages if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off The Little Pages or not, we do not accept any liability for monitoring The Little Pages or for unauthorized or unlawful content on The Little Pages or use of The Little Pages by users. You also recognise and accept that The Little Pages is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services.
Using The Little Pages is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rands, 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 you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
The Little Pages contains content from us, you, and other users. The Little Pages is protected by copyright laws and international treaties. Content displayed on or via The Little Pages is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from The Little Pages without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in The Little Pages. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of The Little Pages (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on The Little Pages by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by The Little Pages.
Reporting an infringement:
All infringements can be reported to us using the email address provided. The information we may request from you when giving notice of an infringement is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable The Little Pages to identify the advertisement to be removed. Once we have received sufficient information we will assess the appropriate measures to be taken.
Note: This step can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.
You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on The Little Pages comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.
While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of The Little Pages, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.
By using The Little Pages, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by The Little Pages on our servers. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.
In order to ensure the security and reliable operation of the site for all users, The Little Pages reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by The Little Pages and its affiliates, agents and/or partners.
Resolution of disputes
If a dispute arises between you and The Little Pages, we strongly encourage you to first contact us directly to seek a resolution by going to the The Little Pages Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on The Little Pages constitute the entire agreement between The Little Pages and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against The Little Pages or Media Axis must be resolved by the courts of South Africa, and you and The Little Pages both agree to submit to the non-exclusive jurisdiction of Port Elizabeth, South Africa.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to c/o Lower Valley Road and Alabaster Street, South End, Port Elizabeth, 6000. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.