TERMS AND CONDITIONS  FOR  Mom’s Directory SA Website & App
Here are our general terms of use governing your use of this Website/App and our services. By accessing, using our “Ask the experts” forum, signing up to our newsletter or reviews, entering competitions or any other service you hereby agree to the following legally binding terms and conditions of Mom’s Directory SA.
Welcome to the Mom’s Directory SA Website/App (www.momsdirectorysa.co.za ) This Website/App, the information, content contained herein and products and services it makes available (collectively are referred to as the “Website/App”), is provided to you by Mom’s Directory SA, with its principal office in Cape Town, South Africa (“Mom’s Directory SA” or “We”). These Terms of Use (this “Agreement”) set out the terms and conditions governing your use of this Website/App.
Modifications to this Agreement
Mom’s Directory SA may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website/App, and specifying the effective date of the new version of the Agreement. Your continued use of the Website/App following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website/App you should check to see if a new version of the Agreement has been posted.
Contact Information
If you have any questions or concerns with respect to this Agreement or the Website/App you may contact a representative of Mom’s Directory SA at askus@momsdirectory.co.za
Website/App Intended Audience
This Website/App is operated by Mom’s Directory SA from its office in Cape Town, South Africa. This Website/App is intended for adults across the worldwide web and is not intended for children under the age of eighteen.
We describe our current practices related to personally identifiable information collected throughout the Website/App in our Privacy Policy and that we may update our policies and practices from time to time as we may deem appropriate.
Data protection and information gathering
Our Privacy Policy sets out how Mom’s Directory SA uses and protects any information you give us when you use this Website/App. As a rule, we don’t disclose any personal information to third parties, unless we have your permission or are specifically required to by law. However, on rare occasions where there appears to be a clear need to safeguard the welfare of a User and/or his/her family, it may be necessary to contact relevant authorities about a clearly identifiable member and their conduct and User Content on Mom’s Directory SA.
Your Use of Content and Information — Disclaimer with Respect to Content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Website/App. Some of the Content is provided by Mom’s Directory SA or its independent suppliers, and other Content is provided by persons who use the Website/App (“Users”), such as User opinions and views provided via posts to our Discussion Forum, comments on news articles, links to blogs, notice boards, etc. While Mom’s Directory SA strives to keep the Content that it posts on the Website/App accurate, complete and up-to-date, Mom’s Directory SA cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Mom’s Directory SA or its suppliers, or by Users of the Website/App. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, reviewers etc. are those of the respective User or other third party and not of Mom’s Directory SA. Mom’s Directory SA does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website/App.
Mom’s Directory SA will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.
We hereby state that all Users should seek independent, professional advice from your healthcare provider regarding any medical condition before starting any new treatment or changes to existing treatment.
We hereby state that all users should seek medical advice from your midwife, doctor or health visitor regarding any potential condition experience by yourself or your child(ren). This Website/App is not intended to replace medical advice.
User-Submitted Content
Representations Made and Rights Granted
We may now or in the future permit Users to post, upload, transmit through, or otherwise make available on the site (collectively, “submit”) messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). We have the right to publish, edit or reject any User Content that you send us either via email, via the Website/App or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to you – unless we have specifically agreed otherwise in writing prior to submission.
You are responsible for all User Content that you submit, post, or otherwise make available to or through the Website/App. By doing so, you represent and warrant to Mom’s Directory SA that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such User Content.
Mom’s Directory SA makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Website/App and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Mom’s Directory SA and its affiliates a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
With respect to User Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Website/App (e.g. not intended as a private communication), you automatically grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, record, sell, lease, reproduce, modify, adapt, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) worldwide via the Website/App as Mom’s Directory SA in its sole discretion, deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Subject to the rights and license you grant to us under these Terms of Use, you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.You agree that you will not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that: impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable; violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity; violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity; contains a formula, instruction, or advice that could cause harm or injury; whereby the licensed use by us hereunder would result in us having any obligation or liability to any party.
4. You agree that you will not post unsolicited, self-promotional or business posts that constitute Spam; including but not limited to blogs, charity pages, selling or any other promotion or campaign that does not adhere to these Terms of Use. You will submit a request to have any such post approved to getlisted@momsdirectory.co.za and Mom’s Directory SA will use its sole discretion to authorise any such post.
We rely on you to present us with User Content that contains accurate and factual material. We assume no responsibility for the accuracy of information provided on the Mom’s Directory SA Website/App.
Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
Ownership and Intellectual Property Rights
Ownership & Copyright
This Website/App and its contents are copyright owned by Mom’s Directory SA, all rights reserved. All rights to, title to, and interest in the Content available via the Website/App, the Website/App’s look and feel, the designs, logos, trademarks, service marks, and trade names displayed on the Website/App, and the Website/App URLs, are the property of Mom’s Directory SA and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Reproduction of all or any substantial part of the contents in any form is prohibited. No part of the site may be distributed or copied for any commercial purpose without express approval.
License to Use Content
Mom’s Directory SA grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website/App only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website/App in any other manner or for any other purpose without the prior written permission of Mom’s Directory SA. All rights not expressly granted in this Agreement are expressly reserved to Mom’s Directory SA.
Trademark Notices
All trademarks, service marks, logos and designs used on this Website/App, whether registered or unregistered, are owned by Mom’s Directory SA or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Mom’s Directory SA or its affiliates without our prior written consent.
Your Contact with Advertisers or Other Third Parties and Other Website/Apps
Your dealings with advertisers or other third parties found on or accessible through the Website/App are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Mom’s Directory SA of content, items, or services on those third-party Website/Apps. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
Mom’s Directory SA does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Mom’s Directory SA will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website/App.
Disclaimer of Warranties With Respect to Website/App
The Mom’s Directory SA Website/App is provided on an “as is” and “as available” basis.
We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation to any warranties of merchantability, fitness for a particular purpose and non-infringement.
Mom’s Directory SA does not make any warranty that the Website/App will meet your requirements, or that access to the Website/App will be uninterrupted, timely, secure or error-free, or that defects, if any will be corrected. Mom’s Directory SA makes no warranties as to the results that may be obtained from the use of the Website/App or as to the accuracy, quality or reliability of any information obtained through the Website/App.
Limitations of Liability
Mom’s Directory SA and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content available via the Website/App. You agree to take personal responsibility to evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. You specifically acknowledge that Mom’s Directory SA is not liable for defamatory, offensive or illegal conduct of Users or third parties.
Additionally, Mom’s Directory SA and its affiliates will be liable for any special, indirect or incidental, punitive or consequential damages, including but not limited to, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, of inability to use the Website/App; (2) the cost of procurement of substitute services, items or Website/Apps; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third part on the Website/App, or; (5) any other matter relating to the Website/App, these limitations will apply whether or not Mom’s Directory SA has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify and hold harmless Mom’s Directory SA, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable legal fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Website/App.
Complaints Regarding Content
With respect to complaints regarding Content please email Karolien@momsdirectorysa.co.za. We take all complaints seriously and endeavor to respond as soon as possible. All complaints will be dealt with on a case by case basis in conjunction with these Terms of Use and Privacy Policy hereto.
Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your Mom’s Directory SA account, monitoring all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).
Modification or Suspension of the Website/App
Mom’s Directory SA may at any time modify, discontinue, or suspend its operation of this Website/App, or any part thereof, temporarily or permanently, without notice to you.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website/App. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Website/App shall be governed by and construed in accordance with English law. Any legal action or proceeding between Mom’s Directory SA and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction in South Africa, and you agree to submit to the personal and exclusive jurisdiction of such courts.