/Terms of Service

Terms of Service

Victoria Falls Town Directory – Terms and Conditions of Service

The following is our agreement with you for the use of our site.

While you should read it in full – here are a few points to note.

  • You are responsible for adding content that is accurate.  Your content is in the open domain and can be used, shared and linked to by others.
  • You will be responsible and professional with your comments and posts and stick to the reason for this site – to connect folk so that all can benefit and to build your brand or business.
  • You will use English only.
  • You will not add false reviews or pay others to write positive reviews for you.  If you build a good relationship with your customers and give a good service, the reviews will be honest and genuine.  And more importantly, helpful to others in the community who could then decide if they too need your services.  (Should someone give a negative review – strive to fix the problem offline, rather than giving reasons and long explanations.  Once the issue is resolved, encourage the reviewer to return to the site and state that things were sorted out.
  • If you are not able to comply with the following Terms and Conditions of Service, please refrain from using the site.

These terms and conditions are effective immediately.

These terms and conditions (the “Terms”) govern your access to and use of Victoria Falls Town Directory website that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and Conditions and are bound by them should you choose to use the services on this Site.

  1. 1. DEFINITIONS
  2. a. 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 Victoria Falls Town Directory.

  1. b. Content

“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. “Victoria Falls Town Directory 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 Victoria Falls Town Directory 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 Our Content.

  1. 2. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  1. 3. LANGUAGE OF THE SITE

Please note that only English is to be used on the site.  As our town is a tourist destination, we would like it to be user friendly and consistent.

  1. 4. USING THE SITE
  2. Eligibility

To submit content to the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms that govern listings. You may not access or use the Site if you have previously been banned from the Site or have closed your account. An account is only needed if you are in a position to add a listing.

  1. a. Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Strict controls will be in place, so the likelihood of the above mentioned is slim – but obviously not impossible.

  1. b. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  1. c. User Accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Victoria Falls Town Directory. Please read our Privacy Policy for more information.

  1. d. Communications from Victoria Falls Town Directory and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighbourhood. You can opt-out of non-essential communications by changing the settings in your account profile.

  1. 5. CONTENT
  2. Responsibility for Your Content

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 authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Victoria Falls Town Directory.

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.

  1. a. Our Right 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 world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that 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 Victoria Falls Town Directory 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 and display, reproduce, distribute, modify, translate, remove, analyse, commercialise, and prepare derivative works of Your Content.

  1. b. Ownership

As between you and Victoria Falls Town Directory, you own Your Content. We own the Victoria Falls Town Directory Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Victoria Falls Town Directory Content are retained by us.

  1. c. Advertising

Victoria Falls Town Directory may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  1. d. Subscribe to Notifications

We make some of the Site Content available to a wider audience through a Newsletter.  You will be asked if you would like notifications from Victoria Falls Town Directory.  By clicking on this you are agreeing to receive our Newsletter and other communications.  It is a great way to add promoted listings, events or other general news to the town and tourists alike.   Victoria Falls Town Directory reserves all rights to the Newsletter Content and may terminate the Newsletter at any time.

  1. e. Other

User Content (including any that may have been created by users employed or contracted by Us) does not necessarily reflect the opinion of Victoria Falls Town Directory. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

  1. 6. RESTRICTIONS

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:
  • i.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;
  • ii. 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;
  • iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • iv. 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 Victoria Falls Town Directory;
  • v. 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;
  • vi. Solicit personal information from minors, or submit or transmit pornography; or
  • vii. Violate any applicable law.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

  1. 7. GUIDELINES AND POLICIES
  2. Content Guidelines

You represent that you have read and understood our Content Guidelines.

  1. a. Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of Zimbabwe, you consent to having your personal data transferred to and processed in Zimbabwe.

  1. 8. VICTORIA FALLS TOWN DIRECTORY PACKAGES AND ADVERTISING

If you purchase a Package or Advertising on Victoria Falls Town Directory, the terms of your purchase will be governed by the Victoria Falls Town Directory General Terms for Packages and Advertising. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Our General Terms for Packages and Advertising and these Terms, the Victoria Falls Town Directory General Terms for Packages and Advertising will prevail.

Similarly, if you create a business owner’s account on the Site or purchase advertising from Us, the Victoria Falls Town Directory Advertising Agreement will apply. In the event of any conflict between the Victoria Falls Town Directory Advertising Agreement and these Terms, the Victoria Falls Town Directory Advertising Agreement will prevail.

  1. 9. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Victoria Falls Town Directory and its users any claims and assertions of any moral rights contained in such Feedback.

  1. 10. THIRD PARTIES

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third-Party Site. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third-Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.

  1. 11. INDEMNITY

You agree to indemnify, defend, and hold Victoria Falls Town Directory, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Victoria Falls Town Directory Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Victoria Falls Town Directory reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of Victoria Falls Town Directory. Victoria Falls Town Directory will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. 12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE VICTORIA FALLS TOWN DIRECTORY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE VICTORIA FALLS TOWN DIRECTORY ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE  ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE VICTORIA FALLS TOWN DIRECTORY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

  • a. THE VICTORIA FALLS TOWN DIRECTORY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE VICTORIA FALLS TOWN DIRECTORY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
  • b. THE VICTORIA FALLS TOWN DIRECTORY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE VICTORIA FALLS TOWN DIRECTORY’S ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
  • c. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
  • d. THE VICTORIA FALLS TOWN DIRECTORY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE VICTORIA FALLS TOWN DIRECTORY ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
  • e. THE VICTORIA FALLS TOWN DIRECTORY ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

Zimbabwe law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Victoria Falls Town Directory (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE LOCAL COURTS LOCATED WITHIN VICTORIA FALLS TOWN, ZIMBABWE.

  1. 14. TERMINATION
  2. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Victoria Falls Town Directory with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.
  3. a. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
  4. b. In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 – 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

Copyright © 2019 Victoria Falls Town Directory, Phumula Centre Victoria Falls, Zimbabwe.