Domain of application of Terms and Conditions
These Terms and Conditions (hereinafter collectively referred to as "Terms") of www.sayellow.co.za or www.sayellow.com (hereinafter "saYellow") applies to all services provided in the business directory www.saYellow.com, unless there are special circumstances for a certain service.
In the saYellow website, users (hereinafter referred to as "Users") can search for different information about companies, this information being recorded directly in the saYellow business directory by legal representatives of firms and authorised natural persons in question or being taken from publicly accessible documents. Clients (hereinafter called "Clients") are authorised natural persons, legal persons, partners or private associations, that present their activities in saYellow by using the offered services of the portal or that use the different registration requiring services.
The users or clients can apply for the portal services offered with or without registration solely on the basis of these terms and conditions. Validity of other conditions is excluded. The terms listed here are also valid if saYellow fulfils an unconditioned request knowing the client's divergent conditions, even if these are different from the ones listed here.
Preliminary conditions for the use of the saYellow website
Using the portal services the client or user agrees to comply mandatorily with the terms throughout the use of the Internet portal.
If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
In order to post ads, to present their business or to use specific services, clients must register in advance. Registration is free. If the client has not completed an application form for registration, when data were taken from public sources, saYellow reserves the right to cancel registration, in case it becomes impossible to update data from public sources, without explaining it in writing to the client.
Conform to the requirements of registration form, all the information should be genuine, accurate, current and complete. The client is required to verify his publications at regular intervals and update his contact details and offers.
If the client does not meet the obligations concerning the absolute correctitude and completeness of the information in the fields marked mandatory, saYellow has the right to delete his registration temporarily or permanently and to forbid the client to use the registration-based services.
In the attention of clients and users
saYellow offers users and customers a simple use right- unrestricted in time and space- to use the provided information. This basic right is limited to the search and visualization of the information and only to personal use. Any other use of the provided information is prohibited. The industrial or commercial misuse of the information presented on the site is strictly prohibited: the creation of information directories, electronic or printed databases, the reproduction, processing or distribution of the information to third parties is prohibited as well. The user can use the portal only in accordance with legal provisions, in particular with the regulations applied to data protection.
saYellow software programs, object and source codes, logos, texts and images the property of saYellow. Any reproduction, use, unauthorized dissemination is prohibited and it is subject to civil and criminal law.
The user or client undertakes to report saYellow without delay any occurring error or interruption of services, as well as other threats and evidence of abuse committed by others.
Users or clients are not allowed to post, send software viruses or any other information, data, programs or content, by e-mail or any other means, designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunication devices.
For all the information: photos, graphics, news, data, text, software, or any other kind of content, whether it is publicly posted or privately transmitted, the entire liability rests solely with the person who has provided that particular content.
saYellow does not verify any content, which registered clients or users post through the portal and does not guarantee, nor assume any responsibility for the correctness, integrity or quality of such content.
saYellow has no control over the content published by the users and clients. The content of the company presentation page cannot have any reference to the followings: pornography, adult or mature content, excessive profanity, content related to racial intolerance or advocacy against any individual, group or organization, hacking or cracking content, illicit drugs and drug paraphernalia content, and any other content that is illegal, promotes illegal activity or infringes on the legal rights of others. We reserve the right to delete with immediate effect the presentation page of those companies that contains them. Likewise, it must not be published any data, texts, images, files, links, software or different contents, which is considered by saYellow to be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or objectionable in any other way.
Spamming the saYellow portal is prohibited. This includes particularly sending illegal and unsolicited publicity to third parties. When sending emails, it is also prohibited to provide false information concerning the sender, or to hide his identity in any other way.
Obligations of registered account holders
When registering on the saYellow website, the account holder is not allowed to share the password assigned or selected with third parties. The account holder is responsible for all activities conducted through his password. The account holder is required to notify saYellow immediately about any unauthorized use of his password and any other breach of security. In order to prevent possible abuses, the account holder is required to use the 'Sign Out' button available when finishing the activities in the system.
The client is fully responsible for the accuracy and legality of the information provided by him. This is especially true for clients who have a protected professional title or who are members of a professional association (for example, architects, doctors, tradesmen, lawyers, notaries and accountants). The client explicitly guarantees that the recorded data comply with local laws.
The client agrees to indemnify saYellow regarding any third-party claims arising from illegally published information. This indemnity obligation includes the obligation to relieve entirely the operator of the portal of legal defence costs (for example lawyers, Court, Court of Appeal, and legal fees).
saYellow has the right to regularly inform the client about news and new services offered in the form of a newsletter and to ask the client to revise his published data for accuracy and update them if necessary. If there is any reason for saYellow to believe that the published information is false, inaccurate, outdated or incomplete, saYellow has the right to request from the client to update the information by e-mail at any time; if the client does not respond to the e-mail, saYellow can delete his profile from the portal. The client has the possibility to cancel this at every newsletter.
Limitation of Liability
saYellow is not responsible for the contents or activities provided by the portal users and clients. This information cannot be attributed to the operator of www.saYellow.com it does not represent his views. The contents include links, profile information, reviews, comments, pictures and videos posted on the web pages of the portal.
saYellow puts great emphasis on the reliability of servers operating with as few and short interruptions as possible. Still interruptions caused by maintenance or server failures are not excluded. Therefore saYellow does not assume responsibility for such interruptions.
saYellow assumes no liability for damages arising from the use of the business directory by clients or users because in case of such free services in legal sense there is no service contract. There cannot be invoked / supported the claims for loss of profits, third party claims for compensation or other direct or indirect damages resulting from interruptions.