1. Introduction and acceptance

1.1 These Terms of Use (Terms) govern access to and use of the LUSOLINK website, business directory, accounts, submission facilities and related services available at www.lusolink.co.za (collectively, the Platform).

1.2 The Platform is owned and operated by the South African Portuguese Chamber of Commerce, a South African non-profit company (SAPCC, we, us or our), registration number 2014/142246/08, with its principal place of business at 11 Smith Street, Bedfordview, Gauteng, 2007, South Africa.

1.3 By accessing or using the Platform, creating an account, or submitting, claiming or updating a Listing, you agree to these Terms. If you submit information for a business or another person, you warrant that you are authorised to bind that business in relation to the submission and to provide the relevant personal information.

1.4 If you do not agree to these Terms, you must not create an account, submit a Listing or continue to use any functionality that requires acceptance of these Terms.

1.5 These Terms must be read with the LUSOLINK Privacy Notice and, where applicable, the Listing Submission Declaration. If there is a conflict, the Listing Submission Declaration applies to the specific Listing and these Terms apply to all other use of the Platform.

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2. Definitions

2.1 Business means the enterprise, organisation, professional practice, sole proprietor or other undertaking to which a Listing relates.

2.2 Business Content means all names, logos, trade marks, photographs, descriptions, contact details, website links and other information submitted for, or displayed in, a Listing.

2.3 Listing means a business profile displayed or proposed for display on the Platform.

2.4 Submitter means the person who submits, claims, verifies or updates a Listing.

2.5 User means any person who accesses or uses the Platform, including a Submitter.

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3. Purpose and nature of the Platform

3.1 LUSOLINK is a business mapping and directory initiative intended to increase the visibility of Portuguese-owned or Portuguese-operated businesses and eligible professionals in South Africa and to facilitate business connections.

3.2 Listings are provided free of charge. Inclusion does not require SAPCC membership and does not create any entitlement to continued publication, prominence, ranking, referrals, business opportunities or any other benefit.

3.3 The Platform is a directory and information service only. SAPCC is not a party to dealings between Users and listed Businesses and does not act as their agent, representative, partner, adviser, guarantor or intermediary.

3.4 A Listing is not an endorsement, accreditation, verification of quality, recommendation or warranty by SAPCC. Users must conduct their own enquiries before dealing with a listed Business.

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4. Eligibility and accounts

4.1 You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or submit a Listing.

4.2 You must provide accurate and current account information and keep your login credentials confidential. You are responsible for activity conducted through your account unless caused by SAPCC’s own breach of law or security obligations.

4.3 You must notify SAPCC promptly at admin@sapcc.co.za if you suspect unauthorised access to your account.

4.4 SAPCC may require reasonable evidence of identity, authority, association with a Business or eligibility before approving or changing a Listing. Sensitive identification documents should only be provided through a method specifically approved by SAPCC.

 

5. Listing eligibility and approval

5.1 A Business may be eligible if it is lawfully established or operating in South Africa and has a genuine Portuguese ownership, management, operational, professional, heritage or commercial connection consistent with the purpose of LUSOLINK.

5.2 All submissions are subject to administrative review. SAPCC has discretion, exercised reasonably and consistently, to approve, refuse, edit, categorise, suspend or remove a Listing, including where eligibility cannot be verified or the Listing creates legal, reputational, security or operational risk.

5.3 SAPCC may make minor editorial changes for spelling, consistency, formatting, categorisation, accessibility and presentation without changing the material meaning of Business Content.

5.4 SAPCC may contact the Business or a named representative to confirm a submission. Approval does not amount to independent verification of every statement in a Listing.

5.5 A Submitter must promptly notify SAPCC of any change that makes a Listing inaccurate, misleading or no longer eligible.

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6. Submitter warranties

6.1 The Submitter warrants on submission and throughout publication that:

• the Submitter is authorised by the Business to make the submission and grant the rights in these Terms;

• all Business Content is accurate, current, lawful and not misleading;

• publication will not infringe copyright, trade mark, privacy, confidentiality, personality, contractual or other rights;

• the Submitter has informed every identifiable contact person whose details are supplied and has a lawful basis and authority for their publication;

• the Business holds all registrations, licences, permits and professional approvals legally required for its activities; and

• the Listing does not falsely claim SAPCC membership, endorsement, accreditation, affiliation or approval.

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7. Licence to SAPCC

7.1 The Business and Submitter retain ownership of their Business Content. They grant SAPCC a non-exclusive, worldwide, royalty-free licence, for as long as the Listing remains published and for a reasonable archival period thereafter, to host, store, reproduce, format, resize, crop, adapt for accessibility, display and communicate the Business Content for operating, promoting and publicising LUSOLINK and the relevant Listing.

7.2 The licence includes use on the Platform, SAPCC websites, newsletters and SAPCC-controlled social-media channels, but does not permit SAPCC to sell the Business Content as a standalone asset or imply an endorsement that has not been granted.

7.3 The Submitter waives no moral rights and SAPCC will not knowingly distort Business Content in a manner prejudicial to the reputation of its author or owner.

7.4 Removal of a Listing does not require SAPCC to retrieve content already distributed in newsletters, social-media posts, backups, lawful records or third-party caches beyond SAPCC’s reasonable control.

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8. Prohibited conduct and content

8.1 A User must not:

• submit false, fraudulent, defamatory, discriminatory, unlawful, offensive or misleading

• content;

• impersonate another person or Business or submit information without authority;

• upload malicious code or attempt to interfere with the Platform, its accounts or security;

• harvest or use contact details for spam, phishing, harassment or unlawful direct marketing;

• copy, scrape, extract, mirror, republish or commercially exploit substantial parts of the directory without SAPCC’s prior written consent;

• use automated means that impose an unreasonable load, bypass access controls or evade technical restrictions; or

• use the Platform or a Listing in breach of applicable law, professional rules or third-party rights.

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9. Directory information and third-party dealings

9.1 Business information may be supplied by Businesses, their representatives, public sources or existing SAPCC records. Although SAPCC may moderate submissions, it does not guarantee that Listings are complete, current, error-free or suitable for a particular purpose.

9.2 Users contact and transact with listed Businesses at their own discretion and risk. SAPCC is not responsible for goods, services, advice, quotations, contracts, payment, performance, conduct or disputes involving a listed Business.

9.3 External links are provided for convenience. SAPCC does not control or assume responsibility for third-party websites, privacy practices or content.

 

10. Corrections, complaints and takedowns

10.1 A person may request that a Listing be claimed, corrected, restricted or removed by emailing admin@sapcc.co.za and identifying the Listing, the issue, the requested outcome and supporting information.

10.2 Intellectual-property or impersonation complaints should identify the protected right, the allegedly infringing content, the complainant’s authority and contact details, and a statement that the complaint is made in good faith.

10.3 SAPCC may temporarily restrict content while investigating. It may seek information from affected parties and decide whether to restore, amend or remove content. Nothing in this clause limits rights under POPIA, PAIA or other applicable law.

10.4 SAPCC may preserve relevant records where reasonably required for a complaint, legal claim, investigation or statutory obligation.

 

11. Intellectual property in the Platform

11.1 Except for Business Content and third-party material, the Platform, LUSOLINK name and branding, selection and arrangement of content, original text, graphics, interfaces and software are owned by or licensed to SAPCC and are protected by applicable intellectual-property laws.

11.2 No right is granted to use SAPCC or LUSOLINK names, logos or branding except for ordinary reference to the Platform or with SAPCC’s prior written consent.

11.3 Users may view and make a reasonable number of extracts for personal or internal business reference. Any systematic reproduction, republication or creation of a competing directory requires SAPCC’s prior written consent, subject always to rights that cannot lawfully be restricted.

 

12. Privacy and communications

12.1 SAPCC processes personal information as described in the LUSOLINK Privacy Notice.

12.2 Operational communications about an account, submission, verification, complaint or material service change are not marketing communications.

12.3 SAPCC will send electronic direct marketing only where permitted by law. Where consent is relied upon, marketing consent must be voluntary, specific and separate from acceptance of these Terms, and may be withdrawn at any time.

 

13. Availability and changes

13.1 SAPCC aims to maintain the Platform but does not guarantee uninterrupted or error-free availability. It may maintain, modify, suspend or discontinue features or the Platform, subject to applicable law.

13.2 SAPCC may update these Terms. Material changes will be communicated by a prominent website notice, account notification or email where appropriate. The effective date will be updated, and renewed acceptance may be required for material changes affecting Submitters.

13.3 Changes do not retrospectively deprive a User of accrued statutory rights.

 

14. Suspension and termination

14.1 A User may stop using the Platform and request account closure or Listing removal, subject to lawful retention of necessary records.

14.2 SAPCC may suspend or terminate access or remove a Listing where these Terms are breached, information is unlawful or materially inaccurate, authority is disputed, security is threatened, eligibility ceases, or continued publication creates material legal or reputational risk.

14.3 Where reasonably practicable, SAPCC will give notice and an opportunity to respond, except where urgent action is appropriate to protect persons, systems, evidence or legal rights.

 

15. Disclaimers and limitation of liability

15.1 Nothing in these Terms excludes or limits any warranty, right or liability that cannot lawfully be excluded or limited, including applicable rights under the Consumer Protection Act 68 of 2008.

15.2 To the maximum extent permitted by law, the Platform and Listings are provided “as is” and “as available”. SAPCC gives no warranty that a Business is reputable, solvent, licensed, available or suitable, or that a User will obtain business, referrals, investment or any particular result.

15.3 To the maximum extent permitted by law, SAPCC is not liable for indirect, special or consequential loss, loss of profit, revenue, opportunity, goodwill or data arising from use of or inability to use the Platform, reliance on a Listing, or dealings with a listed Business.

15.4 Where SAPCC is legally liable and liability may lawfully be limited, SAPCC’s aggregate liability arising from a particular event or series of related events is limited to R5,000. This limitation does not apply to liability caused by gross negligence, wilful misconduct, fraud, or any liability that applicable law prohibits SAPCC from limiting.

15.5 Users are responsible for maintaining appropriate security, backups and independent verification of information material to their decisions.

 

16. Indemnity

16.1 To the extent permitted by law, the Submitter and Business indemnify SAPCC and its officers, employees and service providers against third-party claims, losses, damages and reasonable legal costs arising from Business Content, lack of authority, infringement of third-party rights, unlawful processing or publication of personal information supplied by them, or their material breach of these Terms.

16.2 The indemnity does not apply to the extent that the claim was caused by SAPCC’s own unlawful conduct, gross negligence or wilful misconduct.

 

17. Notices and contact details

17.1 Legal and operational notices to SAPCC may be sent to admin@sapcc.co.za or delivered to 11 Smith Street, Bedfordview, Gauteng, 2007, South Africa, marked for the attention of LUSOLINK/SAPCC.

17.2 SAPCC may send notices to the most recent email address associated with a User’s account or submission. Users must keep their contact details current.

 

18. General

18.1 These Terms are governed by South African law. Subject to any mandatory consumer jurisdiction, the parties submit to the jurisdiction of the courts of South Africa, and SAPCC may institute proceedings in any court with competent jurisdiction.

18.2 If any provision is unlawful or unenforceable, it will be severed or read down to the minimum extent necessary, without affecting the remaining provisions.

18.3 A failure or delay to enforce a right is not a waiver. No User may transfer rights or obligations under these Terms without SAPCC’s written consent. SAPCC may transfer operation of the Platform to a successor or affiliated non-profit entity on notice, subject to applicable privacy law.

18.4 These Terms and the documents expressly incorporated into them constitute the agreement concerning use of the Platform, without excluding fraudulent misrepresentation or statutory rights.