Terms and Conditions for Listings and Visitors of The Mom Archive

Last Updated: 01/12/2025

Welcome to The Mom Archive, South Africa’s first comprehensive online directory and community platform created to simplify parenthood. Our purpose is to connect parents with trusted products, services, resources, and places, while offering inspiration and support. 

By accessing, browsing, or using our website, you consent to these Terms and Conditions (“Terms”). If you do not agree, please discontinue use of the platform immediately.

1. Acceptance of Terms

By using The Mom Archive, registering an account, or submitting a business listing, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. Updates to Terms

The Mom Archive may modify these Terms at any time. Updated Terms will be posted on this page with a new “Last Updated” date. Continued use of the platform after changes means you accept the updated Terms.

3. User Registration

Certain features may require account registration.
Users agree to:

• Provide accurate, complete information
• Keep login details secure
• Update information when necessary
  We reserve the right to suspend or terminate any account containing false or misleading information.

4. User Conduct

Users and businesses agree NOT to:

• Use the site for unlawful purposes
• Submit false, misleading, or deceptive information
• Harass, threaten, defame, or abuse others
• Upload viruses, malware, or harmful code
• Attempt to interfere with the website’s functionality
• Post inappropriate, discriminatory, pornographic, violent, or offensive material
• Misrepresent themselves or impersonate another individual or business
• Violation of these rules may result in suspension or permanent removal from the platform.

5. Business Listings

Businesses listed on The Mom Archive submit their own information, images, descriptions, and links.
By submitting content, businesses agree that:

• All information is truthful, accurate, and lawful
• Content does not infringe copyrighted materials, trademarks, or third-party rights
• All images and materials are owned or licensed by the business
• The Mom Archive reserves the right to:
• Edit, decline, or remove listings that violate our guidelines or values
• Modify layout or placement for user experience or platform updates

6. Subscription Cancellation

• Businesses must provide a minimum of one (1) month’s written noticeto cancel their subscription.
• Cancellations take effect at the end of the next billing cycle following the notice period.
• No refundsare issued for partial months or early cancellation.
• Subscriptions must be cancelled via yourdashboard under “Subscriptions.”

7. Subscription Payment & Listing Removal

• If monthly subscription payments fail, the business listing will be automatically removeduntil payment is successfully processed.
• All payments are securely processed through PayFast, our approved payment partner.
• The Mom Archive is not responsible for payment delays caused by banks, PayFast, or user error.

8. Intellectual Property Rights

All content on The Mom Archive—including text, graphics, images, logos, icons, and software—is the property of The Mom Archive or its licensors and is protected by South African copyright and trademark laws.

You may not:

• Copy, reproduce, distribute, or modify any content without written permission
• Use our trademarks, branding, or proprietary assets without authorisation
• All rights not expressly granted are reserved.

9. Listings, Verification & Third-Party Disclaimer

The Mom Archive is an online directory platform that provides listings for informational and convenience purposes only.

9.1 Nature of the Platform

The Mom Archive acts solely as a platform to connect users with independent businesses and service providers.
We are not a party to any agreement, transaction, or interaction between users and listed businesses.

9.2 Verification of Listings

The Mom Archive may conduct a basic verification process to confirm that a business exists and operates as represented at the time of listing approval.

However, such verification:

• Is limited in scope and conducted at a single point in time
• Does not constitute an endorsement, accreditation, or recommendation
• Does not guarantee the quality, reliability, safety, legality, pricing, or performance of any business, service, or product
• Does not include ongoing monitoring of business practices, conduct, or compliance

Any verification conducted by The Mom Archive does not reduce or limit the disclaimers and limitations of liability set out below.

9.3 No Endorsement or Warranty

The Mom Archive does not endorse, recommend, or guarantee any listed business, service, or product.

All listings are provided “as is” without any representations or warranties, whether express or implied, including but not limited to accuracy, completeness, reliability, or fitness for purpose.

9.4 User Responsibility

Users are solely responsible for conducting their own due diligence before engaging with any listed business or service provider.

All interactions, communications, and transactions with listed businesses are undertaken at the user’s own risk.

9.5 Limitation of Liability

To the fullest extent permitted by applicable law, The Mom Archive shall not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including but not limited to:

• Losses, damages, or personal injury
• Service failure, delays, or non-performance
• Misconduct, negligence, or omissions by listed businesses
• Errors, inaccuracies, or misrepresentations in listings
• Disputes or claims arising between users and businesses

10. Indemnification

By using the platform, you agree to indemnify and hold harmless The Mom Archive, its owners, employees, affiliates, and partners from any claims, damages, losses, liabilities, and expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your interaction with listed businesses

11. Ownership & Communication

The Mom Archive is solely owned by Anneen Henze and Rudi Henze.
For all platform-related queries, please contact:
📩 office@themomarchive.co.za

12. Governing Law

These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any disputes will be resolved in the applicable South African courts.

13. Website Use & Content Submission Rules

This website is intended for personal, non-commercial use unless otherwise authorised by The Mom Archive.

By submitting content (photos, text, links, videos, graphics), you:

• Grant The Mom Archive a worldwide, non-exclusive, royalty-free licenceto use, publish, display, reproduce, or adapt that content
• Waive any moral rights in the content submitted
• Confirm the content does not infringe any third-party rights
• The Mom Archive may, at its sole discretion:
• Remove or edit content without notice
• Suspend user accounts violating our content rules
• Monitor or moderate submitted materials to ensure compliance
• We do not endorse user-generated opinions or submissions.

14. Right to Suspend or Remove Content

We may remove or suspend any listing, comment, or material that we believe:

• Violates these Terms
• Is harmful, offensive, or unlawful
• Interferes with the website’s performance
• Damages our brand integrity
• Removal may occur without prior notice.

15. Limitation of Liability

The Mom Archive is provided “as is,” without warranties of any kind.
We are not liable for:

• Website downtime or technical issues
• Loss of data
• Loss of business or revenue
• Errors in listings provided by businesses
• Damages arising from use or inability to use the platform