Effective Date: 01 February 2025
Website:
https://thebusinesslist.co.za
Operator: The Business List (Pty) Ltd
("The Business List", "we", "us" or "our")
These Terms and Conditions ("Terms") govern access to and use of The Business List website, business directory, business listings, accounts, advertising and promotional services, newsletters, calculators, articles, reviews, tools and any other services made available through the Website (collectively, the "Services").
By accessing the Website, creating an account, submitting a business listing, making a payment, posting content, submitting a review or otherwise using any part of the Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use the Website or Services.
Nothing in these Terms is intended to exclude, restrict or waive any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA") or any other applicable South African law.
For purposes of these Terms:
"Account" means a registered user account on the Website.
"Business" means any company, close corporation, partnership, sole proprietor, professional practice, organisation, service provider or other person or entity whose details are submitted to or displayed on the Website.
"Business Owner" includes the owner of a Business and any person authorised to create, manage or make payment for a Listing on behalf of that Business.
"Content" means text, business information, descriptions, trademarks, trade names, logos, photographs, videos, graphics, reviews, ratings, contact information, documents and any other information or material submitted to or displayed on the Website.
"Listing" means a business profile or business advertisement displayed on the Website.
"Listing Period" means the period for which a paid Listing is entitled to remain active, subject to these Terms.
"Paid Service" means any Listing, advertising, promotional placement or other Service for which payment is required.
"User" means any person who accesses or uses the Website or Services, whether or not registered.
The Business List operates an online business discovery and promotional platform designed to help users discover and contact businesses and service providers.
The Business List is an independent platform.
Unless expressly stated otherwise:
Users must exercise their own judgement before appointing, paying or entering into any agreement with a Business.
You must be at least 18 years old and legally capable of entering into a binding agreement to create an Account, purchase a Paid Service or submit a Listing.
If you act on behalf of a company, partnership, organisation or other entity, you warrant that:
We may require evidence of your authority at any time.
Certain Services require registration.
When creating or using an Account, you agree to:
You are responsible for activity carried out through your Account to the extent permitted by law.
We may implement additional identity, email, business or ownership verification procedures where reasonably necessary.
Submission of a Listing does not create an automatic right to publication.
Listings may be subject to review, moderation and approval.
We may reasonably refuse, suspend, unpublish, restrict or remove a Listing where, among other things:
Where reasonably possible and appropriate, we may give the Business Owner an opportunity to correct an issue before permanent removal.
Business Owners are responsible for ensuring that information submitted for their Listings is accurate, lawful, current and not misleading.
This includes, without limitation:
The Business Owner must update information when it changes.
The Business List may correct formatting, typographical errors, categorisation, obvious factual inconsistencies or technical display issues without changing the material substance of a Listing.
We may request information or documentation to verify:
Verification does not amount to a warranty or guarantee by The Business List.
If more than one person claims authority over a Listing, we may temporarily restrict changes or suspend management access while the dispute is investigated.
We may consider information including CIPC records, company-domain email addresses, identity documents, letters of authority, website ownership and other reasonable evidence.
We are not required to adjudicate private ownership, shareholder, partnership, employment or management disputes.
The Website operates primarily as a paid business-listing platform.
Prices, Listing Periods and features are those displayed at the time the relevant order is placed, unless a separate written agreement states otherwise.
Payment entitles the Business to the relevant Service for the applicable Listing Period, subject to:
The Listing Period will ordinarily commence when the paid Listing is activated or published, or as otherwise stated during the purchase process.
Unless expressly stated otherwise at checkout, payments for Listings are once-off payments.
The Business List does not automatically renew a Listing and does not automatically debit a User merely because a Listing Period has expired.
At or near expiry, we may notify the Business Owner and offer an opportunity to purchase a new Listing Period.
Failure to renew may result in the Listing being unpublished, archived, restricted or removed from active search and promotional areas of the Website.
Renewal prices may differ from prices previously paid.
Prices displayed on the Website may change from time to time.
A change to the advertised price will not retrospectively alter a completed transaction.
Discount codes, special offers and promotions:
We may refuse or reverse the unauthorised, fraudulent or unintended use of a promotional code, subject to applicable law.
Payments may be processed by third-party payment providers.
The Business List does not necessarily receive or retain complete payment-card information.
A transaction is considered successfully paid only once the relevant payment has been confirmed by our payment system or payment provider.
The User is responsible for ensuring that:
We may temporarily withhold activation where a transaction is undergoing fraud, payment or security review.
Refunds will be handled in accordance with these Terms and applicable South African law.
Nothing in this section limits any statutory right to cancel a transaction or receive a refund where such a right applies.
Subject to applicable law, once a Listing has been approved, activated and the purchased Service has commenced, payments are generally not refundable merely because:
Where The Business List is unable or unwilling to provide a Paid Service for which payment has been received, we will provide an appropriate remedy required by applicable law, which may include a refund.
Where legislation gives a consumer a cooling-off, cancellation or refund right, that statutory right takes precedence over any inconsistent provision of these Terms.
Where a User expressly requests or consents to performance of a Service commencing immediately, the legal consequences of that request or consent will be determined in accordance with applicable law.
Before initiating a payment reversal or chargeback, Users are encouraged to contact us so that legitimate billing disputes can be investigated.
We may suspend a Listing associated with a reversed, charged-back, fraudulent or unpaid transaction while the matter is investigated.
Nothing in this clause prevents a User from exercising any lawful right to dispute an unauthorised or improper transaction.
The Business List may promote the Website and participating Businesses through methods including:
Unless a particular Paid Service expressly guarantees a specified placement, number of promotions or other measurable deliverable, promotional activity, placement, frequency and format may vary.
Where a package expressly includes a specified number or type of promotions, we will endeavour to provide the purchased promotional entitlement during the applicable period, subject to these Terms and circumstances reasonably outside our control.
A Listing does not purchase or guarantee:
This applies unless an express written guarantee applicable to that purchase specifically states otherwise.
The order in which Listings appear may change.
Listings may be displayed according to factors including category, location, recency, relevance, rotation, availability, promotional campaigns, user searches and Website functionality.
No Business acquires a permanent right to a particular search position or page position merely because it previously appeared there.
We may test or modify Website layouts, search functionality, categories and methods of displaying Listings.
By submitting Business Content to The Business List, you retain ownership of rights you hold in that Content.
You grant The Business List a non-exclusive, worldwide, royalty-free licence for the duration reasonably necessary to provide and promote the Services to:
This licence applies to that Content in connection with the Website and promotion of the Business, Listing or The Business List.
This licence includes reasonable use of a Business's:
Such Content may be used in The Business List's newsletters, social-media content, Website promotions, advertisements and marketing material.
This licence does not transfer ownership of the Business's intellectual property to The Business List.
By submitting Content, you warrant that:
You remain responsible for Content you submit.
Users may be permitted to review or rate Businesses.
Reviews should reflect genuine experiences or legitimate interactions with the relevant Business.
Users must not submit:
Businesses may not manipulate ratings by creating fake Accounts or arranging false reviews.
We may moderate, investigate, restrict or remove reviews that we reasonably believe violate these Terms or applicable law.
We do not undertake to determine the truth of every factual dispute between a reviewer and a Business.
Where appropriate, we may allow a Business to respond to a review.
The Business List is a discovery and promotional platform.
Even where we conduct moderation, verification or checks, we do not guarantee that any listed Business:
Users should conduct appropriate due diligence before appointing a service provider or making payment.
Any quotation, engagement, purchase, contract, service, payment, deposit, delivery, warranty or dispute between a User and a listed Business is primarily between those parties.
The Business List is not responsible for performing or enforcing agreements between Users and Businesses.
This does not affect liability that applicable law specifically imposes on The Business List in its own capacity.
You may not use the Website or Services to:
The compilation, structure and presentation of information on the Website represent valuable intellectual property and commercial resources.
Except for ordinary search-engine indexing authorised by us or as otherwise permitted by law, you may not, without prior written permission:
Except for User-submitted or third-party Content, the Website and its original materials, including its design, layout, database structure, branding, software, graphics, text and functionality, are owned by or licensed to The Business List and are protected by applicable intellectual-property laws.
No licence is granted except the limited right to use the Website for its intended purpose.
You may not reproduce, sell, license, reverse engineer, commercially exploit or create derivative works from protected Website material without prior written consent, except where permitted by law.
The Website may provide articles, calculators, guides, funding information, tax-related information, business tools and other general informational material.
Unless expressly stated otherwise, this material is provided for general information only.
It is not a substitute for professional:
Calculations and examples may depend on assumptions, information entered by Users and legislation or rates that can change.
Users should independently verify important information before acting on it.
The Website may link to websites, social-media pages, payment providers or services operated by third parties.
A link does not necessarily constitute endorsement.
We do not control third-party websites and are not responsible for their availability, content, security, privacy practices or contractual terms.
Users access third-party services subject to the relevant third party's terms.
We aim to keep the Website reasonably available but do not guarantee uninterrupted or error-free operation.
Access may occasionally be interrupted because of:
We may change, maintain, replace or discontinue Website features where reasonably necessary.
Users must not attempt to compromise the Website or any related system.
We may take reasonable measures to protect the integrity and security of the Website, including blocking suspicious activity, restricting Accounts, rate limiting, preserving security logs and reporting suspected criminal activity to relevant authorities where lawful and appropriate.
No internet-based service can guarantee absolute security.
We process personal information in accordance with applicable law, including POPIA.
Our Privacy Policy explains how personal information may be collected, used, retained, protected and disclosed.
By submitting personal information relating to another person, you warrant that you are legally entitled to provide that information for the relevant purpose.
Our Privacy Policy forms part of the broader rules governing use of the Services.
By using the Website or providing an email address, you consent to receiving communications reasonably necessary to:
Marketing communications will be handled in accordance with applicable law.
Where required, Users may unsubscribe from direct marketing using the method provided in the relevant communication.
We may suspend or terminate an Account or Listing where reasonably justified, including for:
Where reasonably appropriate, we may first request that the User remedy the breach.
Serious fraud, security threats or illegal conduct may result in immediate suspension.
Termination does not affect rights or obligations that arose before termination.
After a Listing expires or is terminated:
IMPORTANT: THIS CLAUSE LIMITS THE CIRCUMSTANCES IN WHICH THE BUSINESS LIST MAY BE LIABLE. IT MUST BE READ SUBJECT TO RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
To the maximum extent permitted by applicable law, The Business List will not be liable for loss arising solely from:
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability that cannot lawfully be excluded under applicable consumer-protection legislation.
IMPORTANT: THIS CLAUSE MAY REQUIRE A USER TO BE RESPONSIBLE FOR CERTAIN CLAIMS ARISING FROM CONTENT OR CONDUCT FOR WHICH THAT USER IS RESPONSIBLE.
To the extent permitted by law, a User who submits Content or operates a Business Listing indemnifies The Business List against third-party claims, losses and reasonable costs resulting directly from:
This indemnity does not apply to the extent that a loss was caused by The Business List's own unlawful conduct, gross negligence or conduct for which liability cannot legally be excluded.
If you believe a Listing, review or other Content:
You may submit a complaint using our contact details.
We may request sufficient information to identify the Content, understand the complaint and verify the complainant's rights.
We may temporarily restrict disputed Content while a credible complaint is investigated.
We may improve, alter or replace aspects of the Services from time to time.
Changes may include Website design, category structures, search functionality, promotional methods, Account features and technical systems.
We will not deliberately remove a material paid entitlement already purchased without providing an appropriate alternative or remedy where required by law.
We may amend these Terms where reasonably necessary because of:
The latest version will be published on this page with an updated effective date.
Material amendments affecting an existing Paid Service will apply subject to applicable law and will not retrospectively remove rights that have already accrued.
Neither party will be treated as having breached an obligation to the extent that performance is prevented by circumstances reasonably beyond that party's control, including major internet or telecommunications failures, natural disasters, widespread power failures, war, civil unrest, governmental action, strikes, epidemics, cyberattacks or failures of essential third-party infrastructure.
This clause does not exclude obligations that applicable law requires to continue despite such circumstances.
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where legally possible.
The remainder of the Terms will continue in effect.
A failure or delay by The Business List to enforce a provision of these Terms does not automatically constitute a waiver of that provision or of the right to enforce it later.
These Terms, together with any applicable:
Constitute the agreement governing use of the relevant Services.
Where specific written terms for a Paid Service conflict with these general Terms, the specific terms will apply to that Service to the extent of the conflict, subject to applicable law.
A User may not transfer an Account or contractual rights under a Paid Service to another person without our consent where the transfer would materially affect our rights or obligations.
The Business List may transfer its rights and obligations as part of a legitimate sale, restructuring, merger or transfer of the Website or business, subject to applicable law and applicable data-protection requirements.
These Terms are governed by the laws of the Republic of South Africa.
Any dispute will be dealt with by a court or other forum having jurisdiction under applicable South African law.
Nothing in these Terms prevents a consumer from approaching a regulator, ombud, tribunal, consumer commission or other body where the law gives that consumer the right to do so.
For purposes of applicable electronic-commerce legislation:
Website operator: KARI MEDIA (Pty) Ltd
Legal status: Private company incorporated in South Africa
Registration number: 2022/768641/07
Place of registration: South Africa
Physical address: Infinity Office Park, 2 Robin Cl, Meyersdal, Alberton, 1448
Website:
https://thebusinesslist.co.za
Email:
connect@thebusinesslist.co.za
Additional information required by applicable law will be made available on request or elsewhere on the Website where appropriate.
Questions, complaints or notices relating to these Terms may be sent to:
The Business List (Pty) Ltd
Infinity Office Park,
2 Robin Cl,
Meyersdal,
Alberton,
1448
Email: connect@thebusinesslist.co.za
By creating an Account, submitting a Listing, purchasing a Service or continuing to use the Website, you acknowledge that you have had a reasonable opportunity to read these Terms and agree to be bound by them, subject always to rights afforded to you by applicable law.