Terms of use | My Gids

Effective January 31, 2020

Company Information
My Gids is owned and operated by Quality Visual Design (Pty) Ltd
(Registration number 2014/093766/07)

Postal address:
21 Duikerstreet,
La Provance,
Bethlehem,
Free State,
9701

Support:
info@mygids.co.za

AMENDMENTS

My Gids (“we”) may change these Terms & Conditions of Use (User Agreement), and if we make any material changes to it, we will, through our services, or otherwise, provide you with the opportunity to review the changes prior to the effective date.

You acknowledge that your continued use of our website after we publish or send notice of our changes to these Terms of Use (Terms of Use), means that the collection, use and sharing of your personal data is subject to the updated Terms & Terms of Use (User Agreement).

USER AGREEMENT

These Terms and Conditions contain the User Agreement for use of the Website available at http://mygids.co.za (the Website is further referred to as “My Gids”)

All content set out in the User Agreement applies to all registered and unregistered users of My Gids. Please read the terms and conditions carefully before using the website. If you do not agree with its content, please do not use the website. By using this site, you are demonstrating your acceptance of the policy set out in this User Agreement.

SOFTWARE AND EQUIPMENT

It is your responsibility to obtain and maintain the necessary computer hardware, software and internet communication lines required to grant you Internet access and My Gids or to divulge any information on My Gids for private use (non-commercial use) to load.

SECURITY

My Gids will take all reasonable steps to ensure the content of this site, as well as the information collected from you, from unauthorized access and / or disclosure. My Gids makes no representations that the content of this site is completely secure. We recommend installing anti-virus software before downloading any material from this site and ensuring that such software is compatible with your equipment and updated regularly.

My Gids is under no legal obligation to:
i) encrypt any content or communications from and to you; or
ii) provide digital verification of any pages on this site.
You may not, or willfully or through negligence, attempt to provide any malicious code, such as computer viruses, robots or spyware, to this site or the users and computer network support of this site. You may not develop a device or application, distribute or use to breach or overcome security measures of any restricted pages. The products and services on this site and My Gids reserve the right to claim damages from any person directly or indirectly involved in the development, use and distribution of such devices or programs. If you commit and are guilty of any of the offenses set out in sections 85 to 88 of the ECT Act, you will, despite any criminal prosecution, be liable for all losses, liabilities and damages suffered by My Gids due to or related to such offenses.

COPYRIGHT

Any software, content or other material contained on this site is the copyright of My Gids and its suppliers. All website designs, text, graphics, their selection and use, as well as all software compositions, underlying source codes, software and all other materials on this site are the property of My Gids and its providers and is therefore protected by copyright.

ALL RIGHTS ARE RESERVED. Any use of material on this site without the prior consent of My Gids is strictly prohibited.

My Gids respects the intellectual property of others and expects other users to do the same. We will immediately suspend access to our users in the event of any infringement of or alleged infringement of material if it becomes apparent that such material infringes the copyright of a third party, whether or not disclosed in the course of ordinary and reasonable business activities or disclosed to us by a third party. We will immediately contact the entity (“the owner”) responsible for the alleged violation and alert them to the allegations of violation and that we have removed and blocked such material from our website. If the owner is of the opinion that the removal or blocking of the material is due to an error or misidentification of the material, the owner must provide us with a counter-statement within 48 hours stating the owner’s rights and providing any other information that we may request, to use the material in question. Once we receive it, the counter-statement will be sent to the party claiming to be the copyright owner. If the party then fails to take action within 48 hours to prohibit the alleged violation, we will resubmit or reverse the material within 14 days of receiving the counter-notification.

LIMITATION AND DISCLAIMER OF LIABILITY

IN THE CASE THAT, DESPITE OF THE REMAINING CONTENT OF THIS USER AGREEMENT, MY GIDS MAY HAVE BEEN RESPONSIBLE FOR ANY DAMAGES, SUCH MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNT THAT WAS PAID BY YOU TO MY GIDS. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCT PROVIDES WITH REGARD TO THE PRODUCT OR THE PRODUCT PROVIDED OR PROVIDED TO COMPLY WITH YOUR INDIVIDUAL REQUIREMENTS. IT IS YOUR OWN RESPONSIBILITY TO MAKE SURE OF ITSELF, BEFORE YOU ENTER THIS TERMS OF USE, THAT THE SERVICE IS AVAILABLE AND EXCLUSIVELY AVAILABLE BY YOU FROM THIS WEBSITE. NOT MY GIDS, OR ANY OF ITS MEMBERS, EMPLOYEES, OFFICERS, REPRESENTATIVES, AGENTS, CONSULTANTS, SUPPLIERS, SERVICE PROVIDERS OR SUB-CONTRACTORS (“THIRD PARTIES”) WILL BE LIABLE FOR ANY PARTICULAR PARTY NATURE WHICH MAY BE ARISED AS A RESULT OF:

i) your access to or use of this Website, or

ii) your purchases and / or use of any of the products and services available on or through this Website; or

(iii) the availability of any of the products or services provided on this Website; or

iv) the inability to access or use this site from the products and / or services available on this site; or

v) the use of hyperlinks on this Website, or the use of, or reliance on, any Website from which you link to or from this Website; or

(vi) access to, or the inability to link to, websites linked to this site; or

vii) access and / or use of this Website by any person in a jurisdiction whose activity is prohibited, or

viii) the submission or transfer of information or material on or through this Website by you, or

ix) the violation of these Terms of Use or any other laws and regulations by you, or

x) any information or material that you provide to My Gids that violates any law or violates any third party’s rights (including, but not limited to, defamation, breach of privacy, breach of trust or copyright infringement or any other intellectual property rights).

You hereby indemnify and indemnify the third parties against any losses, damages, liability, claims or expenses of any kind incurred by the third parties arising out of or in any way related to (i) to (ix) above.

My Gids reserves the right to defend and control any claims arising from the foregoing and you agree to cooperate fully with My Gids in any such defense.

This site contains material that is owned or licensed to My Gids. These materials include, but are not limited to, the design, layout, appearance, and graphics, and may be subject to copyright and / or other design or intellectual property. You may not copy, repeat, or use such information except as agreed between My Gids and / or the right holder, or to the extent that such use is in connection with your use of the Website.

LAW AND JURISDICTION

This User Agreement is governed by the laws of the Republic of South Africa and without regard to the conflict of laws principle. You agree that any dispute that may arise under this User Agreement will be commenced and heard in the applicable court in South Africa under the personal and exclusive jurisdiction of the courts located in South Africa.

My Gids will not be liable for any costs incurred by you in obtaining professional advice on this User Agreement.

ACCEPTANCE OF TERMS AND CONDITIONS

By accepting our Terms and Conditions of Use (User Agreement) and by paying for the Ads on My Gids, you, the Advertiser / Owner authorize My Gids to use copies of the photos on its website. My Gids is not responsible for any infringement of the copyright laws due to material provided by you, the Advertiser, and indemnifies My Gids against any action that may result from infringement of copyright or other rights of use of such material provided by you, the Advertiser has been provided. My Gids will be entitled to use parts of, or photographic material as a whole, provided to it to promote the Advertiser’s business or the promotion of South Africa as a tourist destination for the greater good of all advertisers on site and the various industries in general. (Specific requests for non-inclusion will be respected).

MARKETING FEES AND PAYMENT

The marketing fee(s) is reviewed annually and counted per marketing package available on My Gids’ website. The annual marketing fee(s) is payable before commencement, and thereafter upon renewal, and will be offset by issuing an invoice and payable according to the marketing package’s payment options as explained in our pricing section.

Payment options include:

Online payment through My Gids’ website and payment gateway

The invoice will be sent to you by email. Upon renewal, you are requested to review all your information. Payment of your marketing fee for the next 12 months will serve as confirmation that you declare all the information of your business as correct and accurate. Your business’s listing will only be displayed if the marketing fee for the agreed payment option has been settled. Early notification of the expiry and renewal of your listing will be communicated via email. You retain the free choice to renew or cancel your ad (listing).

ACCURACY OF INFORMATION

You undertake to ensure that the information provided on My Gids’ website is accurate and up to date. Businesses listed on this site are legally committed to providing accurate and up-to-date information. My Gids encourages you to disclose false, inaccurate, defamatory, illegal and / or harmful content on this website to My Gids. My Gids will make every reasonable effort to correct incorrect information and / or remove the content, or any part thereof, if you have reasonable grounds to prove the alleged nature of the content. While every effort is made to ensure that all information on the Website is up-to-date and accurate, My Gids will not be liable for any loss, breach, damage (whether direct, consequential, general or special) or costs of any kind whatsoever, directly or indirectly, by using, providing or relying on any information or service provided through the My Gids website.

All rates published on this site are subject to change without notice. Furthermore, all rates displayed anywhere on this site, other than the quotation on listings, will serve as a guide only.

My Gids strives to provide the public with accurate, up-to-date information. Your business will not be advertised under any other name than your registered business name. Advertisers are responsible for updating all information and any important changes that occur in and in their business, including changes to rates, services, contact information, etc. Inaccurate or incomplete information should be corrected as soon as possible.

USER CODE AND PASSWORD

You hereby undertake to keep all user codes and passwords assigned to you and to give you access to the My Gids website securely. You are legally obligated to do so and will be held responsible for any action taken on the Website by any person with access to your My Gids profile. You hereby indemnify My Gids for any damage, loss or liability whatsoever arising out of any unauthorized access to this Website.

TERMINATION

Both you and My Gids may terminate this User Agreement at any time with notice to the other. Upon termination, you lose the right to access or use the Services.

The following will remain in effect:

Our right to use and disclose your feedback;
Listing Owners and / or Visitors’ rights to further redistribute the content and information you have shared through our service to the extent that it is copied or redistributed prior to termination.
Any amounts owed by either party prior to termination remain due upon termination.

COMPLAINTS ABOUT CONTENT

Contact information for complaints about content provided by our listing owners and visitors.

We respect the intellectual property of others. We require that information provided by listing owners and visitors is accurate and does not violate the intellectual property or other rights of third parties. We provide a policy and process for complaints about content provided by listing owners and visitors.

HOW TO CONTACT US

If you have any questions, complaints or compliments about this Policy, you can contact us directly online or email us at info@gids.co.za