Terms and Conditions for Clients and Users – As of October 2017
This page states the terms and conditions under which you may use the website www.billboardfinder.co.za and all related apps and services. Billboard Finder is owned and operated by Billboard Finder (Pty) Ltd with registration number: K2017/216715/07.
Our physical address is:
14 Panfluit Street, Highveld, Centurion, Pretoria, South Africa, 0157
Definitions:
- The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the website.
- The term “website”” as used herein refers to www.billboardfinder.co.za
Application to Clients (Media Owner)
These terms and conditions together with the signed agreement (“the Contract”) concluded between Billboard Finder and each client who lists on the website.
If there is any discrepancy or conflict between these terms and conditions and the Contract, the provisions of the Contract will apply.
Application to Users (Media Buyer)
By logging in, registering on, accessing or using the Website, all persons making use of the Website (“Users”) agree to be bound by our terms and conditions, except those provisions which, explicitly or implicitly, only apply to Clients.
Section A – Use Of The Website:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
The following is prohibited with respect to the website:
- Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
- Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website.
- Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
- Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without prior written permission;
- Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
- Attempting to access any area of the website to which access is not authorized.
Any breach or violation of any of the above stated terms will result in an immediate termination of your Services.
Copyright and Intellectual Property Rights
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to the website.
Users of this website are not granted a licence or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
Section B – Accuracy, Completeness and timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section C – Privacy Policy
• While using this website, information about you may be either collected by us or provided by you. Such information will become the property of Billboard Finder.
• Billboard Finder may use this information to provide you with information regarding our products, services, or events from time-to-time.
• You may request that Billboard Finder cease sending you such information or request that your personal information be removed from our database or mailing list at any time.
• Billboard Finder will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Billboard Finder employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of Billboard Finder or its associated services or web site(s), Billboard Finder will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
• If you prefer not to receive interest-based advertising in web browsers from Google, Facebook or other participating advertisers, you can make use of mechanisms such as the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioural Advertising (www.aboutads.info/choices).
• For detail regarding the information Google collects and how it is used to deliver targeted advertising please visit http://www.google.com/policies/privacy/ads/
• Billboard Finder is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites.
• Billboard Finder may at its discretion and from time to time disclose your personal information gathered through the site to selected partners for the purposes of marketing outdoor advertising inventory and related services, consent for which is given by you utilising the site. Should you want Billboard Finder to cease disclosing your information you may send an e-mail to the following address and your details will be removed from the list: support@billboardfinder.co.za.
Section D – Severability
These Terms & Conditions constitute the entire agreement between Billboard Finder and you. Any failure by Billboard Finder to exercise or enforce any right or provision of these Terms & Conditions shall in no way constitute a waiver of such right or provision.
In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
Section E – Applicable Law
This website is hosted, controlled and managed in the Republic of South Africa, and thus, South African law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.
Section F – Disputes
All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Pretoria, South Africa, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.
Section G – Waiver
Each User and Client hereby waives any rights or claims it may have against Billboard Finder in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered as a result of the User’s or Client’s use or inability to use the Website or the services or content provided from and through the Website.
THE CLIENT’S OBLIGATIONS AND WARRANTIES:
The Client must, at its cost include the information and details on each Advertisement as reasonably specified by Billboard Finder from time to time;
Ensure that none of the information and/or Advertisements provided by it to Billboard Finder includes any content that:
• is false, misleading or incorrect;
• may be considered abusive or offensive;
• infringes the intellectual property rights of any third person; or
• infringes the privacy and protection of personal information rights of any third person;
• Comply with all applicable legislation, laws and regulations in regard to the conduct of its business and the placement of Advertisements on the Website.
The Client warrants that the content, form and design of the Advertisements and other information provided by the Client to Billboard Finder does not, and will not, infringe any intellectual property rights of any other person. The Client indemnifies Billboard Finder and holds it harmless against any claim made against it as a result of this warranty not being true or any other breach of these terms and conditions or the Contract.
Section H – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section I – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
Section J – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section K – Contact Information
Questions about the Terms of Service should be sent to us at support@billboardfinder.co.za