THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE METROSMAG,SA WEBSITE OR ANY PART THEREOF (THE METROSMAG,SA WEBSITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE METROSMAG,SA WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
DEFINITIONS AND INTERPRETATION
a. References herein to the Metrosmag,SA website or content shall include any part thereof;
b. References herein to User(s) means any person who access the Metrosmag,SA website, notwithstanding the fact that such a person only visited the home page of the Metrosmag,SA website;
c. References herein to the singular includes the plural and vice versa; and
d. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
1. GENERAL
1.1 Metrosmag,SA, South Africa’s leading online news service, provides groundbreaking and need to know information within South Africa. With an emphasis on South African and African news, Metrosmag,SA provides comprehensive English of general news, business, sport and other major interest areas. In addition to high-quality news, Metrosmag,SA provides a range of additional interactive services.
1.2 Agencies not affiliated to Maphorisainitiatives Ltd and Metrosmag,SA have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the Metrosmag,SA website originates from such agencies.
2. ALLOWED USE AND LICENSE
2.1. Metrosmag,SA licenses the User to view, copy, download and print the content of the Metrosmag,SA website, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the Metrosmag,SA website includes the following copyright notice: © Metrosmag,SA 2003. ALL RIGHTS RESERVED.
2.2 Content from the Metrosmag,SA website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Metrosmag,SA.
2.3 Users may only access and use the Metrosmag,SA website for legal purposes.
2.4 Use of content from the Metrosmag,SA we site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1 does not copy or provide the whole article, as it appears on the Metrosmag,SA website, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Metrosmag,SA as the source of the content;
2.4.3 provides a correct and working hyperlink to the source of the content or article on the Metrosmag,SA website;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Metrosmag,SA website; and
2.4.5 includes the date upon which the content was sourced from the Metrosmag,SA website in the summary of the content.
2.5 The caching of the Metrosmag,SA website shall only be allowed if :
2.5.1 The purpose of the caching is to make the onward transmission of the content from the Metrosmag,SA website more efficient;
2.5.2 The cached content is not modified in any manner whatsoever;
2.5.3 The cached content is updated at least every 12 (twelve) hours; and
2.5.4 The cached content is removed or updated when so required by Metrosmag,SA.
2.6 If any person uses content from the Metrosmag,SA we site in breach of the provisions detailed herein:
2.6.1 Metrosmag,SA reserves the right to claim damages from such person; and
2.6.2 Metrosmag,SA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
2.7 Hyperlinks to the Metrosmag,SA website from any other source shall be directed at the home page of the Metrosmag,SA website. Metrosmag,SA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Metrosmag,SA website, if such content was accessed through a hyperlink not directed at the home page of the Metrosmag,SA website. Persons that wish to link to content beyond the home page of the Metrosmag,SA website shall do so at their own risk and undertake to indemnify Metrosmag,SA against any loss, liability or damage that may result from content on the Metrosmag,SA website, if such content was accessed through a hyperlink not directed at the home page of the Metrosmag,SA website.
Metrosmag,SA’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the Metrosmag,SA website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.9 No person may frame the Metrosmag,SA website, in any manner, without the prior written consent of Metrosmag,SA.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Metrosmag,SA website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Metrosmag,SA website for any purposes, without the prior written consent of Metrosmag,SA.
2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Metrosmag,SA at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Metrosmag,SA website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Metrosmag,SA and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the Metrosmag,SA website are expressly reserved.
3.2 “Metrosmag,SA” is a registered trademark and Users agree not to use the Metrosmag,SA trademark, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Maphorisainitiatives Ltd at the cost of the User.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the Metrosmag,SA website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Metrosmag,SA website is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and Metrosmag,SA has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Metrosmag,SA, a division of Maphorisainitiatives Ltd, Reg. No. 1950/038385/06;
5.2 Street address: Naspers Centre, Heerengracht 40, Cape Town, 8000;
5.3 Postal address: PO Box 2271, Cape Town, 8000;
5.4 Physical address for receipt of legal service: Metrosmag,SA, 14th floor, Naspers Centre, 40 Heerengracht, Cape Town, 8000;
5.5 Main business: The main business of Metrosmag,SA and Maphorisainitiatives Ltd is the provision of news, education and entertainment content;
5.6 The website addresses of the Metrosmag,SA website are: www.Metrosmag,SA.com and www.metrosmag.co.za;
5.7 Membership of self-regulatory or accreditation bodies: Metrosmag,SA is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
5.8 Codes of conduct to which the Metrosmag,SA website subscribes: Metrosmag,SA’s editorial policy is aligned to practices of the constitution of the Republic of South Africa;
5.9 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Metrosmag,SA website may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;
5.10 Management: The identities and contact details of the Metrosmag,SA management team are available from: http://www.Metrosmag,SA.com;
5.11 Management information of Maphorisainitiatives Ltd is available from:
http://www.Maphorisainitiatives.co.za/;
5.12 Costs: Access to content on the Metrosmag,SA website is free to any person who subscribes to these terms and conditions. Access to some pages on the Metrosmag,SA website may be restricted to persons who registered through the “Sign me in” function and/or persons who are subscribers to Beeld, Die Burger or Volksblad. Notwithstanding the aforegoing, Metrosmag,SA may, in future, charge fees for access to the Metrosmag,SA website;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to the Metrosmag,SA website;
5.13.2 the inability to access the Metrosmag,SA website;
5.13.3 the services and content available from the Metrosmag,SA website; or
5.13.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.14 Cooling-off period: As far as practically possible, Users have the right to return services provided from the Metrosmag,SA website within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.15 User may lodge complaints concerning the Metrosmag,SA website with Metrosmag,SA, Maphorisainitiatives Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
Metrosmag,SA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Metrosmag,SA website;
6.3 discontinue any aspect of the Metrosmag,SA we site or service(s) available from the Metrosmag,SA website; and/or
6.4 change the software and hardware required to access and use the Metrosmag,SA website.
7. PRIVACY
7.1 Metrosmag,SA shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
7.2 Metrosmag,SA may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.3 gender;
7.2.4 country of residence;
7.2.5 closest city;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address; and
7.2.8 IP address.
7.3 Metrosmag,SA collects, stores and uses the above-mentioned information for the following purposes:
7.3.1 to greet the User when he/she accesses the Metrosmag,SA website;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Metrosmag,SA website;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from Metrosmag,SA and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses the Metrosmag,SA website or the websites of Metrosmag,SA partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Metrosmag,SA website.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 The User may elect not to receive any communications from Metrosmag,SA and/or its partners / affiliates.
7.6 Metrosmag,SA may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Metrosmag,SA shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Metrosmag,SA shall disclose information without the User’s consent only through due legal process; and
7.6.3 Metrosmag,SA may compile, use and share any information that does not relate to any specific individual.
7.7 Metrosmag,SA owns and retains all rights to non-personal statistical information collected and compiled by Metrosmag,SA.
8. HYPERLINKS TO THIRD PARTY SITES
Metrosmag,SA may provide hyperlinks to websites not controlled by Metrosmag,SA or Maphorisa Initiatives and such links do not imply any endorsement, agreement on or support for the content of such target sites. Metrosmag,SA does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9. SECURITY
9.1 Metrosmag,SA shall take all reasonable steps to secure the content of the Metrosmag,SA website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Metrosmag,SA does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Metrosmag,SA is under no legal duty to encrypt any content or communications from and to the Metrosmag,SA website and is also under no legal duty to provide digital authentication of any page on the Metrosmag,SA website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Metrosmag,SA website or the server and computer network that support the Metrosmag,SA website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Metrosmag,SA website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Metrosmag,SA harmless against any and all liability, damages and losses Metrosmag,SA and its partners / affiliates may suffer as a result of such damaging code.
9.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Metrosmag,SA and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
10. DISCLAIMER AND LIMITATION OF LIABILITY
. 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Metrosmag,SA (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Metrosmag,SA website;
10.1.2 access to websites linked to the Metrosmag,SA website;
10.1.3 inability to access the Metrosmag,SA website;
10.1.4 inability to access websites linked to the Metrosmag,SA website;
10.1.5 content available on the Metrosmag,SA website;
10.1.6 services available from the Metrosmag,SA website;
10.1.7 any other reason not directly related to Metrosmag,SA’s gross negligence.
10.2 The Metrosmag,SA website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Metrosmag,SA, that the content and services available from and through the Metrosmag,SA website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Metrosmag,SA website should not be regarded as professional advice or the official opinion of Metrosmag,SA and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Metrosmag,SA website.
10.4 This website is directed primarily at Users in the Republic of South Africa and therefor Metrosmag,SA shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
10.5 Metrosmag,SA sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and Metrosmag,SA only serves as an electronic distribution platform for such third party content. Therefore Metrosmag,SA shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Metrosmag,SA website not created by Metrosmag,SA or its employees.
10.6 Metrosmag,SA does not make any warranties or representation that content and services available from the Metrosmag,SA website will in all cases be true, correct or free from any errors. Metrosmag,SA shall take all reasonable steps to ensure the quality and accuracy of content available from the Metrosmag,SA website.
10.7 Metrosmag,SA does not make any warranties or representations that the Metrosmag,SA website will be available at all times. Users acknowledge that the Metrosmag,SA website may be unavailable due to updates or other causes beyond the reasonable control of Metrosmag,SA, including, but not limited to virus infection, power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Metrosmag,SA website to Metrosmag,SA and Metrosmag,SA undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. POSTINGS
These Terms and Conditions of Use constitute the entire agreement between Metrosmag,SA™ and you, the user of this website. Any failure by Metrosmag,SA™ to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
12.1 Users may post their personal opinions, messages and ideas to the Metrosmag,SA website and discussion forums available on the Metrosmag,SA website.
12.2 Users undertake not to post content to the Metrosmag,SA website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Metrosmag,SA reserves the right to remove such content in terms of clause 11 above.
12.3 Metrosmag,SA does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
12.4 The User indemnifies and holds Metrosmag,SA harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Metrosmag,SA website.
13 . INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Metrosmag,SA’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Metrosmag,SA website or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.
14. . ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between Metrosmag,SA and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Metrosmag,SA from the User.
14.2 Any failure by Metrosmag,SA to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Metrosmag,SA agree that:
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the Metrosmag,SA website for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
15.2 data messages (as defined in the ECT Act) addressed by the User to Metrosmag,SA shall only be deemed to have been received by Metrosmag,SA if Metrosmag,SA responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by Metrosmag,SA shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 data messages (as defined in the ECT Act) addressed by the User to Metrosmag,SA shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Metrosmag,SA; and
15.6 the User agrees and warrants that data messages that are sent to Metrosmag,SA from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
The Metrosmag,SA website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Metrosmag,SA website, its content, services and these terms and conditions.
17. LEGAL COSTS
Metrosmag,SA shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© maphorisainitiatives.co.za These terms and conditions may not be used or reproduced without the prior consent of Maphorisainitiatives Ltd