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Terms and Conditions

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Subscriber

  1. Introduction
    1. iFind (Proprietary) Limited ("iFind") operates an electronic directory service that provides cellular network subscribers (the "Subscribers"), at their request, with the details of appropriate retail businesses (the "Retailers") by means of text messages sent to the Subscribers.
    2. The directory service is provided to Subscribers at a fixed rate (that is charged in addition to the normal charges for text messages payable to the particular cellular network by a Subscriber).
    3. These standard terms and conditions are published on iFind's website (www.34600.co.za), are available from its call centre (082 286 7000) and shall apply to all Subscribers that use the services of iFind as envisaged herein.
    4. Upon the use of the services of iFind as envisaged herein, a Subscriber shall be deemed to have accepted these standard terms and conditions a binding agreement between the Subscriber and iFind shall be created (the/this "Agreement").


  2. Information
    1. iFind undertakes to provide the Subscriber with the location and contact details of Retailers (the "Retailer Information") subject to these standard terms and conditions.
    2. Any reliance the Subscriber places on the Retailer Information is at its own risk.


  3. The service
    1. The electronic directory service operates on the basis that -
      1. A Subscriber sends a text message to a number indicated for this purpose by iFind, which message contains a request for information on a specific category contained in the iFind Directory (the "Subscriber Message"); and
      2. iFind sends a message (the "iFind Message") to the Subscriber that contains the details of a Retailer or Retailers that are located closest to -
        1. the geographical point from where the Subscriber Message was sent; or
        2. he geographical area specified by the Subscriber, (as applicable).
    2. The Subscriber understands that iFind does not operate, control or endorse the Retailer Information and that iFind only acts as a provider of Retailer Information.
    3. To the extent that such permission may be required by law, the Subscriber gives express permission to iFind and its agents and sub-contractors to ascertain the geographical point from where the Subscriber Message was sent for purposes of providing the Subscriber with appropriate Retailer Information.


  4. Undertakings
    1. iFind undertakes to use its best endeavours to provide Subscribers with the Retailer Information without delay.
    2. iFind will use its best endeavours to keep the electronic directory service fully operational, but iFind gives no warranties (whether express or implied) in respect of -
      1. the provision of Retailer Information;
      2. the delivery of iFind Messages; or
      3. the accuracy, reliability or legality of the Retailer Information.


  5. Liability
    1. iFind neither warrants, nor represents that the Retailer Information is accurate, reliable or legal.
    2. iFind accepts no responsibility for the accuracy, reliability or legality of the Retailer Information and shall under no circumstances whatsoever be liable for any direct, indirect, consequential, punitive or special damages suffered as a result of, or arising from the provision or use of, or reliance by the Subscriber on the Retailer Information.
    3. The Subscriber shall not have any claim against iFind for any losses, damages, costs or expenses resulting from the provision or failure to provide Retailer Information to the Subscriber, whether such failure results from -
      1. technical failure (including but not limited to errors, malfunctions, interruptions or delays in the provision of Retailer Information to Subscribers);
      2. a change of any law or regulation, or the imposition of any new law or regulation applicable to iFind; or
      3. any other cause.


  6. Fee
    1. The Subscriber shall pay a fixed fee per iFind Message to iFind. This fixed fee, as may be amended from time to time by iFind, shall be advertised on iFind's website (www.34600.co.za) or shall be available from its call centre (082 286 7000).
    2. The fee shall be collected on behalf of iFind by the Subscriber's cellular network.
    3. The Subscriber consents to the collection of the fee in the aforementioned manner.


  7. Amendments
    These standard terms and conditions may be unilaterally amended by iFind through publication of the applicable amendment(s) on the website of iFind and the Subscriber is required to familiarise himself/herself with these standard terms and conditions from time to time.


  8. Confidentiality
    1. iFind undertakes to keep the Subscriber's details that comes to its knowledge through the use of the services as envisaged herein confidential.
    2. Notwithstanding paragraph 8.1 above, iFind shall be at liberty to ~
      1. disclose to Retailers the location from where the Subscriber Message was sent, if such information is requested by Retailers, for example for marketing purposes;
      2. send new product updates and marketing messages via SMS (Short Message Service) to the Subscriber, however, the Subscriber shall be entitled to terminate the sending of these messages by sending an SMS containing the word "Stop" to the advertised short code;
      3. provide the Subscriber's contact number to Retailers for SMS marketing purposes by such Retailers directly to the Subscriber, however, iFind undertakes to forward any request to be unsubscribed from such messages to the particular Retailer and, if unsuccessful, the relevant network operator.


  9. Governing Law
    These standard terms and conditions and the Agreement between iFind and the Retailer shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.



Retailer

  1. Introduction
    1. iFind (Proprietary) Limited ("iFind") operates an electronic directory service that provides cellular network subscribers (the "Subscribers"), at their request, with the details of appropriate retail businesses (the "Retailers") by means of text messages sent to the Subscribers.
    2. Whilst the information is provided to Subscribers at a minimal fixed rate, Retailers complete an application (the "Retailer Registration Form") and pay a monthly fee for the inclusion of their details in the iFind Directory.
    3. These standard terms and conditions apply to all Retailers. The Retailer accepts these standard terms and conditions -
      1. by affixing its signature to the Retailer Registration Form and returning it to iFind; or
      2. by registering telephonically via iFind's call centre (082 286 7000).
    4. Upon acceptance of these standard terms and conditions, a binding agreement between the Retailer and iFind is created (the/this "Agreement").
  1. Retailer information
    1. The Retailer undertakes to supply iFind with such information as it may request from time to time. The initial information provided to iFind shall at least include the following information in respect of the Retailer -
      1. registered name;
      2. trading name;
      3. nature of business;
      4. physical address; and
      5. telephone number,
      collectively referred to as the "Retailer Information".
  1. The service
    1. The electronic directory service operates on the basis that -
      1. a Subscriber sends a text message to a number indicated for this purpose by iFind, which message contains a request for information on a specific category contained in the iFind Directory (the "Subscriber Message"); and
      2. iFind sends a message (the "iFind Message") to the Subscriber that contains the details of appropriate Retailers that are located closest to -
        1. the geographical point from where the Subscriber Message was sent; or
        2. the geographical area specified by the Subscriber, (as applicable).
  1. Obligations of parties
    1. iFind shall not be required to verify the Retailer Information and accepts no liability for the accuracy, reliability or legality of the Retailer Information.
    2. Provided that the Retailer shall have paid all monthly fees that have become due and payable, iFind shall ensure that the Retailer Information is included and/or updated (as the case may be) in the iFind Directory.
    3. iFind shall, in its discretion include the Retailer Information under any one or more categories in the iFind Directory.
    4. iFind undertakes to use its best endeavours to provide Subscribers with the Retailer Information without delay.
    5. The Retailer undertakes to provide iFind with all changes in the Retailer Information prior to the date on which such changes take effect.
    6. The Retailer undertakes to pay the fee stipulated in 7 below on the due date for payment thereof.
  1. Warranties
    1. iFind will use its best endeavours to keep the electronic directory service fully operational, but iFind gives no warranties (whether express or implied) in respect of -
      1. the provision of Retailer Information;
      2. the delivery of iFind Messages; or
      3. the accuracy, reliability or legality of the Retailer Information.
    2. The Retailer warrants that all Retailer Information provided by it to iFind (including all changes to the Retailer Information) shall be accurate, reliable and legal.
  1. Liability and indemnity
    1. The Retailer accepts full responsibility for the accuracy, reliability and legality of the Retailer Information provided to iFind and indemnifies and holds iFind harmless against any claim and any damages suffered by iFind and/or any Subscriber arising from or in connection with the use or distribution of Retailer Information by iFind, whether through an iFind Message or otherwise.
    2. The Retailer shall not have any claim against iFind for any losses, damages, costs or expenses resulting from the provision or failure to provide Retailer Information to Subscribers, whether such failure results from -
      1. technical failure (including but not limited to errors, malfunctions, interruptions or delays in the provision of Retailer Information to Subscribers);
      2. a change of any law or regulation, or the imposition of any new law or regulation applicable to iFind; or
      3. any other cause.
  1. Fee
    1. The Retailer shall pay the periodic fee stipulated by iFind from time to time in respect of each period (whether such a period is a month, a year or another period) and each part of a period during which the Retailer Information is listed in the iFind Directory.
    2. The fee shall be paid by the Retailer in the manner and on the dates stipulated in the Retailer Registration Form.
    3. Non-payment of the fee will entitle iFind to immediately remove the Retailer Information relating to the defaulting Retailer from the iFind Directory, until such time as all amounts due to iFind have been paid in full.
  1. Amendments
    1. These standard terms and conditions may be unilaterally amended by iFind.
    2. Any amendment of these standard terms and conditions will become binding on the Retailer on the first day of the month following the month during which the relevant amendment was published on the website of iFind (www.34600.co.za).
  1. Duration and termination
    1. The agreement between iFind and the Retailer shall endure for the initial period stipulated in the Retailer Registration Form.
    2. Provided that the initial period stipulated in the Retailer Registration Form has expired, either party may terminate the Agreement between them by giving 1 (one) calendar month's written notice of such termination.
    3. Notwithstanding the aforegoing -
      1. the Retailer may terminate the Agreement on 14 (fourteen) days' written notice if iFind makes a material amendment to these standard terms and conditions that is to the detriment of the Retailer. It is recorded that increases in the monthly fee in an amount of less than 15% (fifteen percent) per annum shall not be deemed to be to the detriment of the Retailer; and
      2. iFind may terminate the Agreement at any time without further notice if -
        1. the Retailer has failed to pay any fee within 14 (fourteen) days of receipt by such Retailer of a written notice from iFind to do so; or
        2. iFind has reason to believe that the Retailer Information is not accurate and/or reliable and/or legal and the Retailer has failed to confirm the Retailer Information within a period of 7 (seven) days of receipt by such Retailer of a written request to do so.
  1. Governing law
    These standard terms and conditions and the Agreement between iFind and the Retailer shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.



Competitions

  1. iFind (Proprietary) Limited ("iFind") operates competitions for users of the iFind service.
  2. Employees of iFind and their relatives and any of their agents are ineligible to enter.
  3. iFind's decision is final and no correspondence will be entered into.
  4. Prizes may not be exchanged for cash.
  5. Entries will be judged after the closing date and winners will be notified telephonically within 10 days.
  6. Prizes will be sent out within 28 days of notification.
  7. Entry will cost the user R2 per SMS.