Terms and Conditions
http://www.Kompare.co.za (the "Website") is owned and operated by Trudon (Pty) Ltd, registration number: 1992/002329/07 (hereinafter referred to as "Kompare").
By using this Site, you agree to be bound by, and to comply with these Terms and Conditions and any additional terms for special promotions, unless you offer different terms in writing that are accepted by Kompare. You also agree to comply with any guidelines or rules posted on the Site regarding any Product or Service. All such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site.
PLEASE NOTE: We reserve the right at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes, unless you offer different terms that are accepted by Kompare.
Parties "You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to Kompare.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Site.
"Kompare Content" means Content that we create and make available in connection with the Site.
"Third Party Content" means Content that originates from parties other than Kompare or its users, which is made available in connection with the Site.
"Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Kompare Content.
When you visit Kompare, purchase products or services through the Site, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, merchants, publications, publicists; or have been gathered from public-domain sources. The intention of Kompare is that all information on the website should be as accurate and up-to-date as possible. However, Kompare cannot guarantee the reliability or the accuracy of the information contained within its pages. We urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. All the actions taken by the user of the website are the responsibility of the individual. Kompare cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.
Relationship with Merchants
Merchants listed on the Kompare site are independent third parties and Kompare is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any merchant you contact through this site is solely between You and the merchant. You agree not to hold Kompare liable for any loss or damage of any sort incurred as the result of any business conducted with our merchants or as the result of the content provided by such merchants through the Site.
If you want to report an error or have any questions please contact: Kompareinfo@kompare.co.za
There is no charge payable to Kompare for use of the site during the continuance of these Terms and Conditions. Kompare shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
In the event of Kompare enabling you to add content to the site in the form of reviews, contests or other features, Kompare shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. Kompare will not permit the publishing of content that may be illegal under applicable law.
Kompare reserves the right to change, suspend, or discontinue, at its sole discretion, all or any aspects of the content, design, services provided or any other aspect of the Kompare website at any time without prior notice.
Your use of the site
Dos and Don'ts
You agree to use the Site only for lawful purposes. You may only use this site as a general guide to make product and price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Kompare and its affiliates, licensors, and service providers.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Kompare;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Kompare;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Kompare’s technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Framing, Linking etc.
No person, business or web site may link to any page on this Website, or use any technology to search and gain information from the Website, without the prior written permission of Kompare. Such permission could be obtained by contacting Kompare.
In addition, no person, business or web site may use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website content, reformat or frame this site or any of the pages on this Website in any way whatsoever.
Monitoring Site Usage
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Kompare will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that: (i) you have the legal capacity to agree to these terms and use this Site; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all.
This site is the copyrighted property of Kompare and/or its various third party providers and distributors, and directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of Kompare and/or its third parties. However, this does not apply to downloading, copying and saving information from the website for personal use. The trademarks, logos and service marks displayed on this site are registered and/or common law Trademarks of Kompare, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Kompare or such other party that may own the Trademarks. Kompare does not claim to own any of the third party or affiliate merchants, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Rights To Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us worldwide, non-exclusive, royalty-free, sub licensable, transferrable rights to use Your Content for any purpose.
You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.
Finally, you irrevocably waive, and cause to be waived, against Kompare and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
Disclaimers and limitation of liability
This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by Kompare, its third party providers or distributors of the contents of such other web sites. Kompare has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Kompare makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Indemnity and Release
The material that you read on the site is provided solely for information purposes. By using the Site web sites you agree to indemnify Kompare and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Kompare or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you. Kompare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Kompare's defense of such claim.
Disclaimer of Warranties and Limitation of Liability
By using the Site, the Products and Services, or submitting any ideas and/or related materials to us, you are hereby agreeing to release Indemnities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO, THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Any claim relating to Kompare shall be governed by the laws of South Africa without regard to its conflict of law provisions.
The information contained on Kompare is provided by the stores themselves, and it is their responsibility alone. If you have any problems with the data presented on the site, please send us a message and we will get onto it.