- This Agreement was last updated on 03 September 2014.
- “Content” means all text, photos, video and other content you post on the Neighbourhood Group Site;
- “Neighbour” means other residents in your neighbourhood who are also registered users of the Services;
- “Neighbourhood Associations” means civic associations of a neighbourhood which may include Ratepayer’s
Associations and/or “neighbourhood watch/security/community” groups;
- “Neighbourhood Group Site” means the site made accessible to you which corresponds with the physical address
provided by you;
- “Services” means the online platform provided to you and other Neighbours which allows you to communicate
with each other simultaneously;
- “Third Party Supplier” means the cloud based supplier contracted by Our Hood to process and/or store the
Data on our behalf;
- “Use” means any use of the Neighbourhood Group Site, including but not limited to posting Content on the
Neighbourhood Group Site; and
- “Verification Code” means the unique code provided by OurHood to you which enables you to access your
Neighbourhood Group Site.
UNLESS OTHERWISE EXPRESSLY AGREED BY US IN WRITING, THE SERVICES ARE PROVIDED "AS-IS", WITHOUT ANY WARRANTY OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, TO THE
MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, OR ACCURACY OF THE
SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED, CURRENT OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SERVICES.
YOU RELEASE US AGAINST ANY CLAIM, DEMAND, SUIT OR PROCEEDING MADE OR BROUGHT AGAINST US BY A THIRD PARTY ARISING
FROM OR BASED ON YOUR BREACH OF YOUR RESPONSIBILITIES UNDER THIS AGREEMENT AND/OR A DISPUTE WITH A NEIGHBOUR OR
AGAINST ANY CLAIM WHICH ARISES OUT OF THE ACTIONS OF THIRD PARTY SUPPLIERS AND/OR NEIGHBOURHOOD ASSOCIATIONS
OVER WHICH WE HAVE NO REASONABLE CONTROL (A "CLAIM AGAINST US"), AND SHALL INDEMNIFY US FOR ANY DAMAGES,
ATTORNEY FEES AND COSTS FINALLY AWARDED AGAINST US AS A RESULT OF, OR FOR ANY AMOUNTS PAID BY US UNDER A
COURT-APPROVED SETTLEMENT OF, A CLAIM AGAINST US; PROVIDED THAT WE (A) PROMPTLY GIVE YOU WRITTEN NOTICE OF THE
CLAIM AGAINST US, (B) GIVE YOU SOLE CONTROL OF THE DEFENSE AND SETTLEMENT OF THE CLAIM AGAINST US (PROVIDED THAT
YOU MAY NOT SETTLE OR DEFEND ANY CLAIM AGAINST US UNLESS YOU UNCONDITIONALLY RELEASE US OF ALL LIABILITY), AND
(C) PROVIDE TO YOU ALL REASONABLE ASSISTANCE, AT YOUR EXPENSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OF PROFITS OR REVENUES OR FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED, WHETHER IN CONTRACT, DELICT OR UNDER ANY OTHER THEORY OF
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OUR SOFTWARE OR THE SERVICES. THIS CLAUSE DOES
NOT EXCLUDE LOSS SUFFERED DUE TO OUR GROSS NEGLIGENCE.
Each person can only have one account per residence, and you may not share your Verification Code with anyone
else (even a family member sharing your home). You must use your real name, not a pseudonym.
You retain all ownership rights to your Content. We can publish your Content in your Neighbourhood Group Site or
to other nearby Neighbourhood Group Sites as described in clause 11 below.
You undertake, represent and warrant that:
- you have submitted accurate registration information;
- your Use of the Neighbourhood Group Site and/or the Services does not infringe any copyright, IP, or any
other rights of any other person;
- by using the Neighbourhood Group Site and/or the Services you are not acting in breach of any applicable
law, contract or any other obligations of whatsoever nature to any third party;
- you have the requisite legal capacity and competency to enter into this Agreement;
- you will not post anyone's identification documents or sensitive financial information on the Neighbourhood
- you will not Use the Neighbourhood Group Site or the Services or for any illegal, immoral or offensive
purpose and you will not to Use the Neighbourhood Group Site or the Service to communicate any material
which is (in our sole discretion) obscene, defamatory, offensive, abusive, illegal or otherwise
- you will not use our copyrights or trademarks or any confusingly similar marks, except with our prior
written permission; and
- if you move your account from one neighbourhood to another you will notify us thereof by sending an email to
- We can remove any Content or information you post on the Neighbourhood Group Site if we believe that it
violates this Agreement.
- We can terminate or suspend your account or otherwise refuse service to you, if you breach this Agreement,
infringe IP repeatedly or otherwise engage in behaviour that in our opinion harms a Neighbour.
VERIFICATION OF DATA
We are not required to and do not check or verify Data provided to us and will not be responsible for any
incorrect or inaccurate Data provided to us. Save where caused by the our gross negligence and notwithstanding
clause 11.4, we will not be liable for any errors, omissions, loss, deletion, theft, destruction or unauthorised
access or alteration relating to Data provided to us by you.
OurHood is committed to protecting your privacy. This clause explains our data processing practices and your
options regarding the ways in which your Personal Information is used. If you have any requests concerning
your Personal Information or any queries with regard to our processing please contact us.
- "Data" means any data, including personal information as defined in the Promotion of Access to
Information Act, 2000 and any other applicable legislation in the jurisdiction where the Services are to
be provided, irrespective of the media or form, and specifically includes all data provided by you to
us, which are processed and/or stored by us.
- "Personal Information" means information relating to an identifiable, living, natural person, and where
it is applicable, an identifiable, existing juristic person, including, but not limited to –
- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social
origin, colour, sexual orientation, age, physical or mental health, well-being, disability,
religion, conscience, belief, culture, language and birth of the person;
- information relating to the education or the medical, financial, criminal or employment history of
- any identifying number, symbol, e-mail address, physical address, telephone number or other
particular assignment to the person;
- the blood type or any other biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential
nature or further correspondence that would reveal the contents of the original correspondence;
- the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if
the disclosure of the name itself would reveal information about the person.
OurHood collects the details provided by you on registration together with Data we learn about you from your
Use of our Services and your visits to our web site and other sites accessible from it. We also collect Data
about the transactions you undertake. We may collect additional Data in connection with your participation
in any promotions or competitions offered by us and Data you provide when giving us feedback or completing
profile forms. We also monitor customer traffic patterns and website use, which enables us to improve the
Services we provide.
Use of Data and your preferences:
- We will use your Data to provide and personalise our Services.
- We will also use your Personal Information to communicate with you.
- If you elect to “opt in”, we may use your Data for advertising/marketing purposes, including sending you
offers and news about OurHood’s products and Services. Should you no longer wish to receive such
advertising/marketing materials, you will be able to “opt out” by sending an email to
- We like to hear your views to help us improve our Services. From time to time, we may contact you by
email to ask your opinions. If you do not want to be contacted for this purpose, please let us know at
[email protected]. Please note that there may be instances
where it may be necessary for us to communicate with you, in any event, for administrative or
operational reasons relating to our Services.
- We will not make unauthorised use of your Data and will take all reasonable steps to safeguard your
Disclosures of your Personal Information
We will never disclose or sell your Personal Information to anyone else, except for any successors in title
to our business and Third Party Suppliers. By providing any Data to us, you consent to such Data being made
available to Third Party Suppliers in order for the Third Party Suppliers to process and/or store the Data
on our behalf. Your application for registration as a member of Our Hood for your neighbourhood is deemed to
include your specific consent to receive an invitation from your local Residents' Association to become a
member thereof. We may also use and disclose information in aggregate (so that no individual customers are
identified) for marketing and strategic development purposes.
Other web sites
The Neighbourhood Group Site may contain links to other web sites which are outside our control and are not
covered by this clause. If you access other websites using the links provided, the operators of these sites
differ from ours.