Terms and Conditions for BreezyTides Online Business Directory
Welcome to BreezyTides! Before you start using our services, please take the time to carefully read these Terms and Conditions ("T&Cs"). We've divided these T&Cs into two parts: Section A covers the terms that apply to everyone using BreezyTides, while Section B specifically addresses the terms for those who wish to advertise on our platform.
By accessing and using our website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please refrain from using our website.
SECTION A
1. Please note
1.1 This section outlines the legally binding Terms and Conditions ("T&Cs") that govern your usage of our online platform located at https://www.breezytides.com (our "Site") and subsequent pages as well as the array of services, features, content, and applications provided by Breezytides (PTY) Ltd (collectively encompassing our "Service"). Before you delve into the offerings provided by Breezytides, take a moment to familiarize yourself with these T&Cs. Your use of the Service signifies your acceptance of these terms.
2. Our Directory at a Glance
2.1. Our online business directory was created with a clear mission – to provide an up-to-date and comprehensive resource for homeowners in our area. We're dedicated to ensuring that homeowners have access to reliable service providers and businesses, all conveniently located within our coastal region. Each listing in our directory includes valuable references, giving homeowners the confidence to make informed decisions.
2.2. Breezytides (PTY) Ltd operates this directory. We're a registered company within the Republic of South Africa, and our headquarters are located at 24 Salvia Road, Betty’s Bay, Western Cape.
3. Acceptance of Our Terms
3.1. By utilizing our online directory and the associated services, you are acknowledging your agreement with the terms and conditions outlined here. We encourage you to carefully review these terms before proceeding. This document outlines the binding terms and conditions governing your use of our platform.
3.2. Your engagement with our services, including browsing our website or using any features within, constitutes acceptance of our terms. This acceptance also encompasses our privacy policy, which is detailed in our Privacy Policy, as well as any additional rules, policies, or procedures that we may introduce from time to time. Please note that we reserve the right to update these terms without prior notice, with any modifications effective as soon as they are published on our website. If you access or utilize our services after any changes have been implemented, it signifies your acceptance of the revised terms. These terms are applicable to all users of our platform, whether you are contributing content, seeking information, or representing an establishment listed on our directory. For the purpose of this document, "Content" includes various forms of information, such as location details, images, videos, blogs, comments, data, and interactive features provided by Breezytides.
3.3. Your compliance with these terms is essential. If at any point you violate our terms, we hold the right to suspend your access to our site. Please bear in mind that your use of our services does not grant you any ownership or intellectual property rights related to our platform.
4. Listings and Advertisements
4.1 Contractors and Service Providers: BreezyTides provides listings and advertisements for various contractors and service providers. While we strive to showcase reputable businesses, we do not endorse or guarantee the services provided by these entities. Users are encouraged to conduct their own research and due diligence before engaging with any listed contractors or service providers.
4.2 References and Recommendations: While some listings may include references and recommendations, BreezyTides is not responsible for verifying the authenticity or accuracy of these references. Users should independently verify the quality and suitability of services before making any decisions.
4.3 User Reviews: BreezyTides may allow users to submit reviews and ratings for contractors and service providers. Users are solely responsible for the content of their reviews. Please also note negative reviews will be investigated and only once it has been proven that By submitting a review, you grant BreezyTides the right to display, reproduce, and modify the review for promotional purposes.
4.4 Negative Reviews: In the event of the submission of negative reviews, a thorough investigation will be conducted. If the veracity of the claims is established and both parties have made genuine efforts to resolve the matter, the advertiser (contractor, service provider, and establishment) in question may be removed from the directory. It is important to note that we retain the discretion to withhold the posting of a negative review if our assessment determines it to be unwarranted and if the advertiser has taken all appropriate measures to address the concerns.
5. Communication
5.1. As an integral part of these Terms and Conditions, you acknowledge that our Service includes the provision of profile or marketing-related information to you via Email at monthly intervals.
6. Usage and Guidelines
6.1. In utilizing our directory service, you commit to adhering to our terms and conditions. Your interactions with the Service are governed by these rules, which are designed to ensure a respectful and effective experience. Additionally, you are expected to comply with all applicable local, national, and international laws and regulations, as well as any industry-specific codes of conduct or self-regulatory guidelines if you represent a business.
6.2. To provide clarity, here are some examples of actions that are not permitted and are prohibited under these Terms and Conditions:
6.3. Indirect actions that are not acceptable include
6.4 We cannot guarantee that all Content or Reviews will be published on the Site or Service. We retain the right to remove, suspend, edit, or modify any Content, including reviews , at our discretion after doing necessary investigations.
6.5. Content that the majority of users (more than 50%) find contentious can be removed. Reporting violations is encouraged, and we may investigate and take action accordingly.
6.6. We may utilize your Referrals and Reviews in various ways, as deemed appropriate by us. By submitting content, you grant us a license to use, edit, and display it.
6.7. Our Service may offer links to other websites or resources. Engaging with these external links is at your own risk, and we are not responsible for their content or legality.
6.8. While we strive to offer accurate and reliable references for service providers, contractors, and establishments on our website, it is important for users seeking their services to conduct their own thorough research. We make every effort to ensure the reliability of the references provided; however, we cannot guarantee the outcomes of any services obtained through our platform. By using our website, you acknowledge and understand that
It is your responsibility as a user to exercise caution, perform due diligence, and make informed decisions when engaging with any service providers or businesses listed on our website. Your use of our platform signifies your agreement to indemnify Breezytides, its directors, employees, and agents from any and all responsibilities related to the services you obtain through our website.
BreezyTides shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of our website or reliance on any information provided. We do not guarantee the availability, accuracy, or completeness of the information on our website.
7. Unsolicited Idea Submission & Feedback
7.1. BreezyTides, its employees, or affiliates do not accept or review unsolicited ideas, which include proposals for new advertising campaigns, promotions, product improvements, technological innovations, enhancements, processes, materials, marketing strategies, or product names. Kindly refrain from submitting unsolicited ideas, creative artwork, suggestions, or other works ("submissions") in any form to BreezyTides, its employees, or affiliates. This policy is intended to prevent potential misunderstandings or disputes when BreezyTides' products or strategies may appear similar to ideas submitted to us. If you choose to submit ideas despite our request to avoid doing so, the following terms will apply to your submissions
7.1.1. By sending us any submissions, you agree that (i) your submissions and their contents will automatically become the property of BreezyTides, which will have unrestricted use of the submissions for any purpose, commercial or otherwise, without compensation or attribution to you; (ii) your submissions do not contain confidential or proprietary information of third parties; (iii) BreezyTides will consider the submissions as non-confidential and non-proprietary; (iv) BreezyTides may have concepts similar to the submissions already under consideration or in development; and (v) BreezyTides will have no obligations, contractual or otherwise, concerning the submissions, including confidentiality.
7.1.2. However, BreezyTides welcomes your feedback about various aspects of its existing operations. If you wish to provide feedback, which we appreciate, kindly direct it to roxanne@breezytides.com. Please focus on specific feedback regarding BreezyTides' current products or marketing strategies, and refrain from including ideas that our policy prohibits us from considering. This approach allows BreezyTides to better understand how to meet your needs. Any feedback you provide to BreezyTides or its employees will be deemed non-confidential, and BreezyTides will have unrestricted use of the feedback for any purpose, commercial or otherwise, without providing compensation or attribution to you.
8. Changes to the Platform
8.1. BreezyTides retains the right to modify or cease, at any given time, any service or aspect of the platform.
9.Intellectual Property and Copyright
9.1. All materials and content present on BreezyTides (including, but not limited to, text, graphics, logos, icons, designs, insignia, colors, layout, trademarks, functionalities, source code, and innovations) constitute the intellectual property of BreezyTides.
9.2. You acknowledge that all information posted publicly or transmitted privately through the platform is the sole responsibility of the individual from whom such content originated. BreezyTides shall not be held liable for any errors or omissions in any content, and the platform cannot ensure the verification of the identity of other users with whom you may interact while using the services.
9.3. Subject to the stipulations of these Terms and Conditions, BreezyTides grants each user of the platform a worldwide, non-exclusive, non-transferable, and non-sub-licensable license to use, modify, and reproduce the content solely for personal, non-commercial purposes. Any use, reproduction, modification, distribution, or storage of content for purposes other than personal, non-commercial use is strictly prohibited without prior written consent from BreezyTides or the copyright holder indicated in the copyright notice of such content. You are prohibited from engaging in the sale, licensing, renting, or exploitation of content for commercial purposes or in any manner that infringes upon the rights of any third party.
10. Warranty Disclaimer and Limitation of Liability
10.1. While BreezyTides strives to offer accurate, current, and truthful information on its platform, neither BreezyTides nor any of its directors, employees, agents, partners, suppliers, representatives, and associates provide any explicit or implicit representations or warranties regarding the operation of the platform, the accuracy of information, the content, materials, or products available on the platform.
10.2. The platform, its services, and content are provided "as is" and "as available." Any implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as warranties implied by performance or trade usage, are expressly disclaimed, except as required by law.
10.3. BreezyTides, along with its directors, employees, agents, representatives, partners, and content providers, does not guarantee: (a) the security or availability of the service at any specific time or place; (b) the correction of defects or errors; (c) the absence of viruses or harmful components in content or software accessed through the service; or (d) that the service's outcomes will meet your needs. Your use of the platform, service, and content is entirely at your own risk.
10.4. All content generated by advertisers, whether publicly posted or privately transmitted, is the sole responsibility of the respective advertiser. BreezyTides cannot ensure the validity of any content or data provided by advertisers about themselves. You recognize that any content accessed through the service is at your own risk, and you are solely accountable for any harm or loss incurred by you or others due to such access. This content, whether added, created, uploaded, submitted, distributed, or posted by advertisers including content linked through third-party websites and services, is collectively termed "advertiser submissions."
10.5. You absolve BreezyTides of any responsibility for acquiring or not acquiring content through the service. The platform may contain or link to information that some individuals might find objectionable or unsuitable. BreezyTides does not endorse or validate the accuracy, copyright compliance, legality, or decency of materials accessed through the service.
10.6. Unless mandated by law, BreezyTides has no fiduciary obligation or unique relationship with you. You acknowledge that BreezyTides bears no responsibility for: user access to the service, the content you access, the effects of such content on you, how you interpret or use content, or the actions you take based on content exposure.
10.7. You release BreezyTides from all liability concerning your connections and interactions with other users. You understand that users are not screened, and their backgrounds or statements are not verified. BreezyTides assumes no responsibility for user behavior or the accuracy of the information they provide. In no event shall BreezyTides be liable for any damages, whether direct, indirect, special, general, compensatory, incidental, or consequential, arising from your use of the service, including bodily injury, emotional distress, and damages resulting from communication or meetings with other users or individuals met through the service. You agree to exercise caution and care in all interactions with individuals, especially if meeting in person. For instance, never disclose financial information to others.
10.8. Any liability of BreezyTides, its directors, employees, agents, representatives, partners, suppliers, or content providers arising from your use of the platform, service, content, or advertisers submissions is expressly excluded to the extent allowed by law. If a court of competent jurisdiction determines liability, the aggregate liability shall be limited to one thousand rand (R1000).
10.9. In compliance with applicable law, BreezyTides, its directors, employees, agents, representatives, partners, suppliers, or content providers shall not be liable under contract, tort, negligence, or any other legal or equitable theory for
11. Indemnification
11.1. You shall safeguard, indemnify, and hold harmless BreezyTides, its affiliates, and all of their respective employees, contractors, directors, suppliers, and representatives from any and all losses, expenses, actions, claims, costs, damages, liabilities, or expenses (including reasonable legal expenses) that arise due to or are connected with your use or misuse of the platform, service, content, or in any way linked to the advertisers submissions. This includes violations of these Terms and Conditions, or any infringement by you or any third party utilizing your account, of any intellectual property or other rights held by any individual or entity (unless a court with suitable jurisdiction determines such a claim arose due to an action or omission by BreezyTides). BreezyTides reserves the right to assume exclusive control and defense of any matter requiring indemnification by you, in which case you will provide assistance and collaborate with BreezyTides in asserting available defenses.
11.1 BreezyTides offers a review and feedback system for service providers, contractors, and establishments listed on the directory. As part of this system
11.2 BreezyTides requires a minimum of 2 to 3 reviews to be submitted before reviews are displayed on the dedicated webpage of each service provider, contractor, or establishment.
11.3 Service providers, contractors, and establishments may invite their clients to post reviews directly on the BreezyTides platform.
11.4 All reviews, both submitted by clients and service providers, contractors, or establishments themselves, will be subject to moderation by the BreezyTides team.
11.5 Prior to publishing any review, our team will review the content for compliance with our review guidelines and terms of use.
11.6 Once a review has been approved for publication, the service provider, contractor, or establishment will receive an email notification containing the content of the review.
11.7 This email notification will provide the service provider, contractor, or establishment an opportunity to address any concerns with the client if the review is negative or requires clarification.
11.8 BreezyTides reserves the right to withhold or remove reviews that violate our review guidelines, terms of use, or applicable laws.
11.9 The review system is intended to provide transparency and reliability to users of the BreezyTides platform, helping them make informed decisions when selecting service providers, contractors, and establishments.
12. Modification of Terms and Conditions
12.1. BreezyTides retains the exclusive right, at its sole discretion, to amend or substitute any of these Terms and Conditions, or alter, pause, or terminate the service (including, but not limited to, the availability of any feature, database, or content) whenever necessary. This will be accomplished by posting a notification on the platform or by transmitting a notice to you through the service or via email. BreezyTides may also establish limitations on specific features and services or restrict your access to certain portions or the entirety of the service without advance warning or liability. It is your duty to periodically review these Terms and Conditions for any updates. Continued utilization of the service after any changes to these Terms and Conditions have been posted signifies your acceptance of these changes.
13. Governing Law
13.1. BreezyTides is crafted, upheld, and overseen within the borders of the Republic of South Africa. Consequently, these terms and conditions, as well as the utilization or incapacity to utilize this platform, are bound by the laws of the Republic of South Africa. The jurisdiction of South African courts presides over any matters pertaining to these terms and conditions and the platform's usage.
14. Agreement
14.1. By engaging with this website, you indicate that you have perused, comprehended, and consent to abide by the provisions of this Agreement.
By using BreezyTides, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, and you consent to the collection, use, and storage of your information in accordance with our Privacy Policy.
SECTION B: ADVERTISERS TERMS AND CONDITIONS (“TERMS”)
Advertisers Agreement with Breezytides
Each individual or entity ("Customer") placing an order or entering into a service agreement (referred to as an "Order") with BreezyTides forms an agreement with BreezyTides. This agreement comes into effect upon the submission of such an Order, and the Customer agrees to adhere to these advertisers Terms and Conditions ("Terms"). Within the context of these Terms, the term "Customer" encompasses not only individuals but also includes employees, independent contractors, agencies, or any other third-party agent representing an entity, where applicable, as well as anyone advertising on our Platform.
1 Advertiser Guidelines and Information
1.1. These Guidelines, coupled with any applicable Orders and all relevant BreezyTides policies, including BreezyTides’ Terms and Conditions, which are incorporated herein by reference, establish a legally binding and enforceable agreement between the Customer(Advertiser) and BreezyTides.
1.2. Every Order placed and all information provided (whether modified by the Customer or in its original form) in connection with an Advertiser Subscription is considered approved by the Customer. The Customer is exclusively responsible for: (i) all content and promotional material ("Creative"), (ii) where applicable, all click URLs, websites, services, landing pages linked or directed to by the Creative, and the advertised services and products (collectively "Customer Services"); and (iii) communications directed to third parties.
1.3. BreezyTides retains the right to modify the services provided under Advertiser Subscriptions without incurring liability. Should such a modification take place, with or without prior notice, Customer's sole recourse and BreezyTides' sole liability for such alteration shall be that the Customer can choose to cancel the remaining part of the affected placement without any penalties, as outlined in the "Termination" section below.
1.4. The Customer shall refrain from, and shall not allow any third party to: (a) generate automated, fraudulent, or invalid impressions, inquiries, conversions, clicks, likes, blocks, or other actions (collectively referred to as "User Actions"); (b) use automated methods or data extraction to access, query, or collect BreezyTides Advertiser Subscription or advertising-related information from the Service unless expressly permitted by BreezyTides; or (c) advertise anything illegal or partake in illegal or fraudulent business practices. BreezyTides may modify the entirety or portions of the Customer's Creative as needed to adhere to BreezyTides' policies or this Agreement. Such modifications will be limited to deletion of the Creative in its entirety, resizing, or reformatting, strictly in the context of a BreezyTides Advertiser Subscription. BreezyTides or its partners may reject or remove any Creative that does not comply with these Guidelines, or if, in the sole reasonable judgment of BreezyTides, it violates applicable laws, regulations, or other legal orders.
1.5.. The Customer affirms that it possesses and hereby grants BreezyTides all necessary rights (including but not limited to any copyright, trademark, patent, publicity, or other intellectual property rights) and licenses to use all Creative and Customer Services as required for BreezyTides to operate the BreezyTides Advertiser Subscription(s) on the Customer's behalf. This includes rights or licenses essential to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and generate derivatives or algorithms from Creative. It also covers using, reproducing, displaying, distributing, and disclosing the Customer's trademarks and brand identifiers, in accordance with these Guidelines ("Usage").
1.6. The Customer affirms that: (i) all information provided by or on behalf of the Customer to BreezyTides in connection with its participation in any Advertiser Subscription is accurate, complete, and current; and (ii) neither the Customer's Creative, nor its Customer Services, nor any authorized Usage thereof by BreezyTides, will breach or promote the breach of any applicable laws, regulations, codes of conduct, or third-party rights (including intellectual property rights). A breach of the above may lead to immediate termination of these Guidelines or the Customer's Advertiser Subscription(s) without notice, and the Customer may be subject to legal penalties and consequences.
1.7. False or misleading advertising is prohibited. Only images or text representing the Customer's establishment(s) and services are permissible.Also any photos shown by contractors and service providers of their clients homes, must have their permission to do so.
1.8. BreezyTides retains the right to decline any advertising images or text submitted to the platform.
2. Advertisers Subscription Pricing
2.1. Advertiser Subscription pricing is R 200 for standard listing and R 600 for banner listings.
2.2. Breezytides reserves the right to change the Advertising Subscription pricing whenever it sees fit. At BreezyTides, we consistently aim to uphold an equitable pricing structure that guarantees a substantial return on investment for all our Customers. Changes to Advertiser Subscription prices will be communicated to Customers with a minimum notice period of 30 days.
2.3 After an Advertiser Subscription has been activated and the payment has been processed, BreezyTides cannot provide refunds under any circumstances or for any reasons. However, in certain exceptional cases, BreezyTides may choose to waive this policy at its own discretion.
3. Termination
3.1. This Agreement is effective until terminated..
3.2. Cancellation from either Breezytides or the Advertiser needs to be done in writing 30 days before termination.
4. Indemnification
As an Advertiser, you acknowledge and agree to indemnify BreezyTides, its directors, and related parties against any claims, disputes, emotional harm, financial damages, and loss of money that may arise from interactions between you and clients who have engaged with your services through our platform. This obligation to indemnify aligns with the principles set out in Section 4 - "Indemnification" of our Terms and Conditions.
You commit to being our safeguard within the realm of business. In cases where disputes arise between you and your clients, you undertake to provide support and shield BreezyTides, along with its affiliates, officers, directors, employees, and agents, from claims, losses, damages, liabilities, and expenses, including legal fees. This signifies having a protective ally by our side, ready to shield BreezyTides from any conflicts between contractors, service providers, establishments, and their respective clients.
4.1. By becoming an Advertiser, you are committing to not only defend but also indemnify BreezyTides, our partners, agents, affiliates, and licensors against any third-party claims or liabilities. These claims could encompass emotional harm, financial damages, or loss of money resulting from your promotional endeavors, the content of your Creative, or the services you offer under the Advertiser Subscription. Additionally, this indemnification encompasses any breaches of the terms stated in this Agreement.
It's crucial to understand that our partners are recognized as third-party beneficiaries of the aforementioned indemnity clauses. This arrangement underscores our dedication to providing a secure and dependable platform for both Advertisers and users alike.
5. Miscellaneous
5.1. These Terms will be construed as if both parties jointly wrote them. It forms an agreement between Breezytides and all advertisers advertising on our platform.
5.2. These stipulations, inclusive of any specific policies and Orders specifically integrated herein, establish the complete and singular agreement between the involved parties concerning the pertinent subject matter. They supersede and substitute any other prior agreements, terms, and conditions relevant to the subject at hand, excluding those explicitly merged by reference. Should any inconsistency arise between these provisions and an Order, the terms stated in the Order shall hold precedence over any differing or additional conditions outlined in these provisions.
5.3. Communication directed towards BreezyTides should be accomplished by sending an email to roxanne@breezytides.com. Such correspondence is considered delivered upon being received by email.
5.4. Should these stipulations expire or be terminated, BreezyTides assumes no responsibility to return any promotional materials to the Advertiser.
6. Payments
6.1 Depending on the package you choose, either the standard option at R200 or the banner option at R600, you will receive a monthly billing on the 15th of each month. If this date happens to fall on a Saturday or Sunday, the billing will occur on the preceding Friday. An invoice will be sent to you monthly via email. Furthermore, a payment link will be provided through both email and WhatsApp, facilitated by the Yoco payment gateway. It's worth noting that every transaction is fortified by 3D-Secure technology to ensure the utmost security for both parties involved. We prioritize your safety and ours in every step. Additionally, payments can also be conveniently made through standard electronic funds transfer (EFT) into our designated bank account.
6.2 We will make two attempts to request payment. If the payment is not settled, we retain the right to remove the advertiser from our listing.