Yowzit Terms of Service (Updated 9 June 2011)
Welcome to Yowzit!
1. Your relationship with Yowzit
1.1 These terms and conditions outline your relationship and rights to the use of Yowzit's websites and mobile applications. Your use of Yowzit platforms (products, software, services, websites and mobile solutions) is subject to a legal agreement between yourself and Yowzit.
1.2 Your agreement with Yowzit will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms of Service. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Terms of Service, together with the Additional Terms, form a legally binding agreement between you and Yowzit in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms of Service”.
1.5 There shall be regular changes to these terms, based on regulatory and legislative environment. These changes will be posted on the platforms and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Your usage at all times indicates your acceptance of the modification.
2.1 Parties "You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" report to Yowzit.
2.2 “Your Content” The following content you will provide on the Yowzit platforms and forms the definition:
2.3 "Yowzit Content" means Content that we create and make available in connection with the Service.
2.4 "Third Party Content" means Content that originates from parties other than Yowzit or its users, which is made available in connection with the Service.
2.5 "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Yowzit Content.
3. Accepting the Terms
3.1 In order to use the Services, you must read the Terms of Service.
3.2 Your usage at all times indicates your acceptance of the modification. In this case, you understand and agree that Yowzit will treat your use of the Services as acceptance of the Terms from that point onwards.
3.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Yowzit, or (b) you are a person barred from receiving the Services under the laws of South Africa or other countries including the country in which you are resident or from which you use the Services.
3.4 If you are under the age of 15 you are not allowed to used the service unless permission is granted in writing to Yowzit through our website or write to us at:
Yowzit Pty Ltd
109 Komatie Road
4. Language of the Terms
4.1 Language The Terms of Service shall always be posted in English and will govern your relationship with Yowzit. We may translate these Terms of Service upon request but this translation is purely for convenience.
4.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
5. Provision of the Services by Yowzit
5.1 Yowzit subsidiaries are affiliated legal entities and will be providing the Services to you on behalf of Yowzit itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
5.2 Site Availability Yowzit will constantly be upgrading and improving the services offered in order to provide the best possible experience for its users. No permission is required from the users for these changes and no prior notice will be given. This may mean that some services could be discontinued, without prior notice being given.
5.3 You acknowledge and agree that if Yowzit disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account will belong to Yowzit.
6. Use of the Services by you
6.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Yowzit will always be accurate, correct and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the South Africa or other relevant countries).
6.3 You agree that you are solely responsible for (and that Yowzit has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Yowzit may suffer) of any such breach.
7. Your passwords and account security
7.1 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 Service. You agree and understand that you are responsible for maintaining the confidentiality of your account password. We reserve the right to close your account at any time for any or no reason.
7.2 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.3 Accordingly, you agree that you will be solely responsible to Yowzit for all activities that occur under your account.
7.4 If you become aware of any unauthorized use of your password or of your account, you agree to notify Yowzit immediately.
8. Privacy and your personal information
9. Content in the Services
9.1 You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Your Content”.
9.2 Responsibility for Your Content You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Yowzit. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
9.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Yowzit (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Yowzit or by the owners of that Content, in a separate agreement.
9.4 Yowzit reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
9.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
9.6 Ownership As between you and Yowzit, you own Your Content. We own the Yowzit Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Yowzit Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Yowzit Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Yowzit Content are retained by us.
9.7 Advertising Yowzit and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
10. Proprietary rights
10.1 You acknowledge and agree that Yowzit own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Yowzit and that you shall not disclose such information without Yowzit’s prior written consent.
10.2 Unless you have agreed otherwise in writing with Yowzit, nothing in the Terms gives you a right to use any of Yowzit’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Yowzit, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Yowzit's brand feature use guidelines as updated from time to time. These guidelines can be viewed online (or such other URL as Yowzit may provide for this purpose from time to time).
10.4 Other than the limited license set forth in Section 11, Yowzit acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Yowzit, you agree that you are responsible for protecting and enforcing those rights and that Yowzit has no obligation to do so on your behalf.
10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10.6 Unless you have been expressly authorized to do so in writing by Yowzit, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. License from Yowzit
11.1 Yowzit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Yowzit as part of the Services as provided to you by Yowzit (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Yowzit, in the manner permitted by the Terms.
11.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Yowzit, in writing.
11.3 Unless Yowzit has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11.4 A. You agree not to, and will not assist or enable others to use the Service to:
B. You also agree not to, and will not assist or enable others to:
10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
11. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
12. Content license from you
12.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Yowzit a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Yowzit to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
12.2 You agree that this license includes a right for Yowzit to make such Content available to other companies, organizations or individuals with whom Yowzit has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
12.3 You understand that Yowzit, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Yowzit to take these actions.
12.4 You confirm and warrant to Yowzit that you have all the rights, power and authority necessary to grant the above license.
13. Software updates
13.1 The Software which you use may automatically download and install updates from time to time from Yowzit. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.
14. Ending your relationship with Yowzit
14.1 The Terms will continue to apply until terminated by either you or Yowzit as set out below.
14.2 If you want to terminate your legal agreement with Yowzit, you may do so by (a) notifying Yowzit at any time and (b) closing your accounts for all of the Services which you use, where Yowzit has made this option available to you. Your notice should be sent, in writing, to Yowzit’s address which is set out at the beginning of these Terms.
14.3 Yowzit may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Yowzit is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Yowzit offered the Services to you has terminated its relationship with Yowzit or ceased to offer the Services to you; or
(D) Yowzit is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Yowzit is, in Yowzit’s opinion, no longer commercially viable.
15. Exclusion of warranties
15.1 Nothing in these terms, including sections 14 and 15, shall exclude or limit google’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
16. Limitation of liability
16.1 Disclaimers and limitations of liability please read this section carefully since it limits the liability of yowzit and its subsidiaries, affiliates, and licensors (collectively, the "yowzit entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
(A) The service available is made available to you on an "as is" basis. Your use of the service is at your own discretion and risk.
(B) The yowzit entities’ make no claims or promises about the conduct of third parties. Accordingly, the yowzit entities’ are not liable to you for any loss or damage that might arise from their actions, including, for example, if another user misuses your content or identity, or if you have a negative experience with one of the businesses listed on the service.
(C) The yowzit entities’ make no claims or promises about the quality, accuracy, or reliability of the business listings, ratings, and reviews, or the safety or security of the service. Accordingly, the yowzit entities’ are not liable to you for any loss or damage that might arise from your reliance on the quality, accuracy, or reliability of the business listings, ratings, or reviews, or the safety or security of the service.
(D) The yowzit entities’ expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(E) Your sole and exclusive right and remedy in case of dissatisfaction with the service or any other grievance shall be your termination and discontinuation of access to, or use of the service.
(F) The yowzit entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms of service is limited to the greater of (i) the amount paid, if any, by you to the yowzit entities’ in connection with the service in the 12 months prior to the action giving rise to liability.
(G) The yowzit entities’ disclaim all liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) loss of or damage to reputation of Yowzit or any third party, or (v) loss of information or data.
17. Copyright and trade mark policies
17.1 It is Yowzit’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
17.2 Yowzit operates a trade mark complaints procedure in respect of Yowzit’s advertising business.
18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by Yowzit on the Services are subject to change without specific notice to you.
18.3 In consideration for Yowzit granting you access to and use of the Services, you agree that Yowzit may place such advertising on the Services.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or resources. Yowzit may have no control over any web sites or resources which are provided by companies or persons other than Yowzit.
19.2 You acknowledge and agree that Yowzit is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that Yowzit is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 Yowzit may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Yowzit will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Yowzit will treat your use as acceptance of the updated Universal Terms or Additional Terms.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and Yowzit and govern your use of the Services (but excluding any services which Yowzit may provide to you under a separate written agreement), and completely replace any prior agreements between you and Yowzit in relation to the Services.
21.3 You agree that Yowzit may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if Yowzit does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Yowzit has the benefit of under any applicable law), this will not be taken to be a formal waiver of Yowzit’s rights and that those rights or remedies will still be available to Yowzit.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which Yowzit is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.7 The Terms, and your relationship with Yowzit under the Terms, shall be governed by the laws of South Africa without regard to its conflict of laws provisions. You and Yowzit agree to submit to the exclusive jurisdiction of the courts located within the county of South Africa, South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Yowzit shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22. General Terms
(A) We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
(B) We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or communications through the Service.
(C) Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
(D) The Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
(E) Any failure on Yowzit's part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(F) If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
(G) The Terms of Service are not assignable, transferable or sub licensable by you except with Yowzit's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.