Part A: General Information and Terms
1. General Information
For your convenience, we have listed below some general information about ourselves:
- “We” are part of Media24 and “us” and “our” have a corresponding meaning herein.
- Our postal address is PO Box 16368, Vlaeberg, 8018, South Africa
- Our address of establishment is at 5th Floor ABSA Centre, 4 Adderley Street, Cape Town, South Africa and we will accept service of all legal documents there;
- Our telephone and facscimile numbers are Tel: 021 408 3525, Fax: +27 21 408 3808
- Our e-mail address is WHOnline@media24.com
- We are members of the following professional bodies: Online Publishers Association whose details can be found at http://www.opa.org.za/.
- We subscribe to the following codes of conduct: http://www.opa.co.za/about/
- Our webmaster can be contacted at WHOnline@media24.com
- Account means your subscription account for use of our services;
- Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
- Contributor Guidelines means our guidelines for making content contributions to this web site, which is set out here in Section D of these Terms and Conditions;
- ECT Act means the Electronic and Communications Act 25 of 2005;
- User means any User of this web site, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;
- We, us and our means Touchline Media (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
- You mean a User of this website;
- The singular includes the plural and vice versa; and
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;
3. General Conditions of Use for this Web Site
- Please be aware that the Content on this web site, including without limitation, as may emanate from our mentorship program and as may be found in the blogs, forums, chat groups, comment sections and bulletin boards of the web site, does not amount to professional advice, diagnosis or treatment of any kind, be it medical, legal, professional, personal or otherwise, and we recommend Users seek their own advice from a professional in their area. If you choose to rely on such content you do so entirely at your own risk and you accept that we will have no liability to you in this regard. We do not generally monitor, edit, control or filter the content posted by our Users. You acknowledge that content submitted to this web site by other Users do not necessarily represent our views and that we have not authorized nor endorsed such content. We do not endorse any events, products or services posted, promoted and/or listed by Users on our site and our display of such events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services.
- You agree not to use our web site for any unlawful purpose, and, specifically, you agree not to post or transfer to our web site (nor include in any message sent to our web site) any material that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party.
- We have to protect our business and secure our systems. Consequently, by subscribing to our web site you agree that we may intercept and monitor any communication that you may send to or receive via our web site to the maximum extent allowed by law and you understand and agree that we may use, publish and disclose such communications for any lawful purpose. Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
- We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our web site and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms.
- You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. If you submit any data, materials, comments, ideas, feedback or suggestions to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such data in any manner of form. Framing of the content on this site without our written consent is expressly prohibited.
- You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer for the purpose of viewing same. Any other use of the trademarks without prior written consent is strictly prohibited.
- We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on this site and we shall not be bound in any manner whatsoever by the information contained on this web site, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this web site is thus done at the User’s sole discretion and risk and the User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
- You use our web site at your own risk. We exclude any and all liability that we, our subsidiaries, officers and employees may incur for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data obtained from or transmitted using this web site, to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and/or employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You may be required to choose a User name and a password to register for use of our subscription services. You are responsible for keeping your User name and password secret. You will be required to enter your Username and password every time you want to use one of our subscription services. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as User names, passwords and access codes) secure or from you permitting anyone else to use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account.
Part B: Competition Rules
- Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
- All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise.
- Anyone working for us or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this web site.
- No cash alternative is available to any prize unless expressly stated otherwise.
- The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
- Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
- The judges decision will be final. We will not enter into correspondence.
- Where entry by SMS is applicable, SMSs are charged. Premium rates apply. Free rates do not apply.
- We reserve the right to cancel any competition without notice at any time.
- Multiple winners may be subject to tie-break to decide an outright winner.
- We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
- Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
- Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
- Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
- Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
- We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges discretion, void entries.
- If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
- Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
- Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
- Touchline Media(Pty) Ltd, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.
2. Personal Information
3. Your Consent
3.1 You do not have to give us personal information in order to visit or access the freely available sections of our web site. Some services on our web site may, however, be restricted to subscribers only (including but not limited to the placing of orders, promotional features and competitions). In order for you to use such subscriber services we will need some personal information about you. The information will be collected when you register with us or when you choose to use one of the subscriber services available via our web site. We may also collect information regarding your use of our web site to enable us to improve our services and to assess your compliance with the terms applicable to such use.
4. Personal Information Shared
4.1 We will not sell, rent or otherwise disclose your personal information to any third party without your consent, provided that by using our website and/or subscribing for any of our services, you provide your express and informed consent for us to disclose your personal information to third parties as follows –
4.1.1 to third party companies employed by us to provide services for us, including for example, website hosting, administration, maintenance and development. These companies require access to your personal information to perform their functions and not for any other purposes;
4.1.2 to transfer our customer database/s, including personal information contained therein, to any third party who acquires all or substantially all of the assets or shares in our company or our web site service whether by sale, merger, acquisition or otherwise;
4.1.3 to governmental agencies, exchanges and other regulatory or self-regulatory organisations if we are required to do so by law or if we believe that such action is necessary to –
18.104.22.168 comply with the law or with any legal process;
22.214.171.124 protect and defend our rights and property or that of our customers and companies in our group;
126.96.36.199 prevent fraud or abuse, misuse or unauthorised use of our website; and/or
188.8.131.52 protect the personal safety or property of our customers or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we will disclose such information to the appropriate regulatory bodies and commercial entities); and
4.1.4 if applicable, to personalise your experience on our web site, to help you log on in future and to continue to use the web site, to reply to queries you might have, to provide you with support and to help us select services or materials for inclusion on our web site which may be of interest to you.
4.2 We reserve the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers on our website or business associates and partners. You will not be identifiable from such data as such. We are not responsible and cannot be held liable for the privacy practices of such third parties.
5. Use of Your Personal Information
5.1. We and our commercial partners may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone.
5.2. We may also make available your personal information to our affiliates and business partners (who may be located outside South Africa) in order to enable them to offer goods and services that they think will interest you. By using our services and by submitting your personal details, you consent to this transfer.
5.3. We may receive information about you from reliable third parties and add it to our database. We shall ensure that such third parties operate a similar policy to us in relation to your privacy. When we receive such information, we shall use it to improve the personalisation of our service.
5.4. If you do not want to receive the information as set out in clause 5.2 above then please send an e-mail to us at email@example.com or contact our Customer Care Centre on 021 408 4800.
6. Feedback and Complaints
7. Shopping and Competitions
7.1. If you order anything from us we may need your name, e-mail address, delivery address and payment information (such as credit card details) to process that order. We will also take your telephone number so that we can contact you in the event of any problems with this order and we may give this number to couriers who deliver the order. This information may be used in accordance with clauses 4 and 5 above.
7.2. When you enter a competition or other promotional feature, we will require your name, telephone number, postal address and/or e-mail address so that we can notify you if you have won. We will require your physical address to deliver any prizes you win. We may use this personal data in the same way as explained in clauses 4 and 5 above.
8. Information Protection
We may protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, we may sometimes ask for proof of identity before we disclose personal information to you.
A cookie is a piece of information that is deposited by our computer server when you visit our website which is stored on your computer’s hard drive by your web browser. On revisiting the website, our computer server will recognise the cookies, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features of our website.
10. Data Profiles
10.1 We may also utilise a personal profile page, which will enable you to update your personal information. This will allow us to maintain accurate and up-to-date personal data. You will have the right to require its correction or removal from our records at any time. If you wish to be deleted from our database entirely, then please send an email to us at firstname.lastname@example.org stating just that.
10.2 If you want to update any of your personal information held by us, you can either make certain changes on-line by amending your account details (if enabled) or you can send an e-mail detailing the required amendments to email@example.com. If your account details are password protected, you can help to preserve your privacy by never sharing your password with anyone else.
11. IP Addresses
Every time you connect to our website we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical purposes and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
Part D: Contributor Guidelines
To be a part of our community, make comments and/or engage with other users on our site, there are two non-negotiable rules we enforce to protect Users and ourselves:
Rule 1: Whilst we appreciate constructive criticism we expect all Users to treat others with respect. Users must also be at least 18 years old to post comments, chat or blog on this site.
Rule 2: We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. We must insist that your content not include or be linked to any of the following, which we are likely to find unacceptable:
- Hate speech, racism, discrimination, or content that is libellous, defamatory, false or misleading or misrepresents another person – particular if obvious or deliberate.
- Any writings that include swear words or obscene or inappropriate language.
- Activities that constitutes stalking, harassment or abuse, or is considered threatening towards a person or other people.
- Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication.
- Anything that contains information contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion.
We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on 021 408 8000 or email us at firstname.lastname@example.org
Part E: Complaints and General
- We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the email address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise. Please provide us with the following as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description of the feature or component of our web site which is the cause of your complaint
- The rights that you allege to be infringed by such feature or component
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
- Please incorporate your signature into the complaint
- Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law.
- You will not have the right to subcontract, cede, delegate, transfer and assign any of your rights, obligations or duties hereunder to any other person and/or entity without our prior written consent. We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and transfer.
- We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.
- Each provision of these terms and conditions is severable, the one from the other, and, if at any time any provision is or becomes or is found to be illegal, invalid, defective or unenforceable for any reason by any competent court, the remaining provisions shall be of full force and effect and shall continue to be of full force and effect.