User Agreement

Welcome to LocalBlock! This agreement describes your rights and responsibilities as a LocalBlock member and what you can expect from us.

Eligibility and Address Verification. Each person can only have one account per residence, and you may not share your account password with anyone else (even a family member sharing your home). You must use your real name, not a pseudonym. If you are under 13 years old, do not use our services or provide any data to us. We may deny account registrations if we think you would harm a LocalBlock member or neighbourhood.

It is not OK to submit inaccurate registration information. Providing false registration information violates our norms and could constitute a crime. Although we make efforts to verify members’ neighbour status, please do not assume our verification processes are perfect. Government entities (such as city offices or police or fire departments) have restricted-functionality accounts; among other restrictions, they can only access messages sent to them, not messages between neighbours in the neighbourhood. You can opt-out of receiving messages from government entities at https://localblock.co.za/settings?tab=notifications. Government entities may get the names of neighbourhood Leads and have the ability to communicate directly with them, and we provide government entities with some aggregated statistics about neighbourhood activity and size.

We automatically subscribe you to messages both for your neighbourhood and nearby neighbourhoods.

Third Party Marketing. We know that you do not want marketing from third parties just because you join a neighbourhood website, so we do not turn over your personally identifiable information to third party marketers without your express consent. See our full privacy policy.

Content. You retain all ownership rights to the text, photos, video and other content you submit to LocalBlock (collectively, your “Content”). We can publish your Content in your neighbourhood or to nearby neighbourhoods as described in our privacy policy. You may not provide us with any Content you don’t have the right to publish or that is defamatory, infringing, illegal or otherwise tortious. If you believe Content on LocalBlock infringes your copyright, you can reach our notification agent at Infomerger, Pty (Ltd), 91A Brampton Rd, Lynnwood Manor, Pretoria. Phone: 012 348 0870. Fax: 086 558 4413. Email: copyright@localblock.co.za. Your notice must satisfy the requirements enumerated in the Copyright Act, 98 of 1978. Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. You can find some current providers of such protections at http://kids.getnetwise.org/tools/.

Restrictions from Our Licensors. Some parcel location and boundary information on neighbourhood maps is licensed from AfriGIS for use on our service only. You may not sublicense, resell, or otherwise such data to any third party; it is only for your internal personal use.

You have a non-transferable license to use the LocalBlock iPhone app, on an iOS Product that you own or control, only as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple does not have any obligation to furnish any maintenance and support services with respect to the LocalBlock iPhone app. You must comply with any applicable third party terms of agreement when using the LocalBlock iPhone app.

Account Termination. We can terminate or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, infringe IP repeatedly, or otherwise engage in behavior that we think harms a LocalBlock neighbourhood.

Text Messaging Service. If you use our text messaging service, note that text message alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone, that may be used to contact emergency services.

Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather.

You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.

Liability Limits.  WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE LocalBlock SERVICE, OUR SOFTWARE OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN R100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

To the maximum extent permitted by applicable law, Apple does not have any warranty obligation with respect to the LocalBlock iPhone app. Apple is not responsible for addressing any claims by you or any third party relating to the LocalBlock iPhone app or your possession or use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the LocalBlock iPhone app does not conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any infringement of a third party’s intellectual property rights.

Governing Law/Arbitration.
(a) This agreement is governed by South African law as it applies to agreements entered into and to be performed entirely within South Africa between South Africa residents.

(b) Any disputes or claims between you and LocalBlock shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

(c) EITHER OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LocalBlock AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER LocalBlock MEMBERS.

(d) The arbitration will be conducted by the Arbitration Foundation of Southern Africa ("AFSA") under its rules and procedures, including the AFSA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this agreement. You can find the AFSA's rules, and a form for initiating arbitration proceedings, at www.arbitration.co.za.

(e) The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is R10,000 or less, you or LocalBlock may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LocalBlock (subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant). Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise.

(f) The arbitrator will decide the substance of all claims in accordance with the laws of South Africa, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in prior arbitrations involving different LocalBlock users but is bound by rulings in prior arbitrations involving the same LocalBlock user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(g) Payment of all filing, administration, and arbitrator fees will be governed by the AFSA's rules except as expressly stated otherwise. If the value of the relief sought is R10,000 or less, at your request, LocalBlock will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by LocalBlock should be submitted by mail to the AFSA along with your Demand for Arbitration, and LocalBlock will make arrangements to pay all necessary fees directly to the AFSA. If the value of the relief sought is more than R10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LocalBlock will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that your claims are frivolous, you agree to reimburse LocalBlock for all fees associated with the arbitration paid by LocalBlock on your behalf that you otherwise would be obligated to pay under the AFSA's rules.

(h) Except with respect to subsection (c) of this Section, if a court decides that any part of this arbitration section is invalid or unenforceable, the other parts of the arbitration section shall still apply. If a court decides that any provision in subsection (c) is invalid or unenforceable, then the entire arbitration provision shall be null and void (but subsections (a) and (i) shall remain in effect).

(i) To the extent any claim or dispute regarding LocalBlock isn’t arbitrable (or eligible for small claims court), it will be resolved exclusively by a court located in Gauteng, South Africa. You submit to the personal jurisdiction of courts located in San Francisco, South Africa for litigating such claims or disputes.

Integration. This agreement and our privacy policy (which is hereby incorporated into this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement or the privacy policy by posting an amendment notice in your neighbourhood’s news feed, which means we’ll also send a message to you unless we let you opt-out of such notifications and you’ve done so; and you can deactivate your account if you disagree with the new terms. Otherwise, this agreement may be amended only by a writing physically signed by both us and you.

Apple, its subsidiaries and our other suppliers are third-party beneficiaries of this agreement, but no one else is. Without limiting the foregoing, (1) upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third party beneficiary, and (2) Apple is not a party to this agreement and is not responsible for the LocalBlock iPhone app or its contents.

No Warranty. LOCALBLOCK AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

If you have a dispute with a neighbour, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control. You represent and warrant that you are not (i) located in a country that is subject to a South African Government embargo or has been designated by the South Africa Government as a “terrorist supporting” country; and (ii) listed on any South African Government list of prohibited or restricted parties.