GENERAL TERMS AND CONDITIONS OF USE OF WEBSITES
THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE Vaalweekblad WEBSITE OR ANY PART THEREOF 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 Vaalweekblad WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND 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 Vaalweekblad web site or content shall include any part thereof;
b. References herein to User(s) mean any person who accesses the Vaalweekblad website, notwithstanding the fact that such a person only visited the home page of the Vaalweekblad 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.
1.1 Vaalweekblad is a weekly community newspaper distributed across the southern suburbs, Atlantic seaboard and city bowl area of Cape Town. Published on a Tuesday, it has ten zoned editions and a print order totalling 317 495 across its ten editions. The newspaper prides itself on “Telling it as it is” and seeks to continuously serve its readership with forthright journalism that meets high professional and ethical standards
2. ALLOWED USE AND LICENSE
2.1. Vaalweekblad licenses the User to view, download and print the content of the Vaalweekblad website, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.2 Content from the Vaalweekblad website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Vaalweekblad.
2.3 Users may not access and use the Vaalweekblad website for any illegal purposes.
2.4 Use of content from the Vaalweekblad website 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 Vaalweekblad website, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Vaalweekblad 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 Vaalweekblad web site;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Vaalweekblad web site; and
2.4.5 includes the date upon which the content was sourced from the Vaalweekblad website in the summary of the content.
2.5 The caching of the Vaalweekblad web site shall only be allowed if :
2.5.1 The purpose of the caching is to make the onward transmission of the content from the Vaalweekblad 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 Vaalweekblad.
2.6 If any person uses content from the Vaalweekblad website in breach of the provisions detailed herein:
2.6.1 Vaalweekblad reserves the right to claim damages from such person; and
2.6.2 Vaalweekblad 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 Vaalweekblad website from any other source shall be directed at the home page of the Vaalweekblad web site. Vaalweekblad shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Vaalweekblad web site, if such content was accessed through a hyperlink not directed at the home page of the Vaalweekblad web site. Persons that wish to link to content beyond the home page of the Vaalweekblad web site shall do so at their own risk and undertake to indemnify Vaalweekblad against any loss, liability or damage that may result from content on the Vaalweekblad web site, if such content was accessed through a hyperlink not directed at the home page of the Vaalweekblad web site. Vaalweekblad’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 Vaalweekblad web site 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 Vaalweekblad web site, in any manner, without the prior written consent of Vaalweekblad.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Vaalweekblad web site 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 Vaalweekblad web site for any purposes, without the prior written consent of Vaalweekblad.
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 Vaalweekblad at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Vaalweekblad web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Vaalweekblad 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 Vaalweekblad web site are expressly reserved.
3.2 “Vaalweekblad” is a registered trademark and Users agree not to use the Vaalweekblad trademark.
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 Vaalweekblad web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Vaalweekblad web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the Act and Vaalweekblad has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Vaalweekblad, a division of Media24 Ltd, Reg. No. 1950/038385/06;
5.2 Street address: Old Mutual Building, Main Road, Tokai, 7945;
5.3 Postal address: PO Box 30261, Tokai, 7966;
5.4 Physical address for receipt of legal service: Vaalweekblad, Old Mutual Building, Main Road, Tokai, 7945
5.5 Main business: The main business of Vaalweekblad and Media24 Ltd is the provision of news, education and entertainment content;
5.6 The web site addresses of the Vaalweekblad web site are: www.vaalweekblad.com andwww.vaalweekblad.com;
5.7 Membership of self-regulatory or accreditation bodies: Medai24 is a member of the Digital Media and Marketing Association (DMMA) and subscribes to the standards as set out by Advertising Standards Authority;
5.8 Codes of conduct to which the Vaalweekblad web site subscribes: Vaalweekblad's editorial policy is aligned to practises 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 Vaalweekblad web site may be downloaded from:http://www.naspers.com/pdfs/access_eng.pdf;
5.10 The contact details for Vaalweekblad are available on the Vaalweekblad website:http://www.vaalweekblad.com;
5.11 Management information of Media24 Ltd is available from:http://www.media24.co.za/;
5.12 Costs: Access to content on the Vaalweekblad web site is free to any person who subscribes to these terms and conditions. Access to some pages on the Vaalweekblad web site may be restricted to persons who registered through the website. Vaalweekblad may, in future, charge fees for access to the Vaalweekblad web site;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to the Vaalweekblad web site;
5.13.2 the inability to access the Vaalweekblad web site;
5.13.3 the services and content available from the Vaalweekblad web site; 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 web site: http://www.arbitration.co.za;
5.15 User may lodge complaints concerning the Vaalweekblad web site with Vaalweekblad, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
Vaalweekblad 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 Vaalweekblad web site;
6.3 discontinue any aspect of the Vaalweekblad web site or service(s) available from the Vaalweekblad web site; and/or
6.4 change the software and hardware required to access and use the Vaalweekblad web site.
7.1 Vaalweekblad 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 Vaalweekblad may electronically collect, store and use personal information of Users.
7.3 Vaalweekblad collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to greet the User when he/she accesses the Vaalweekblad web site;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Vaalweekblad web site;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from Vaalweekblad and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses the Vaalweekblad web site or the web sites of Vaalweekblad partners / affiliates; and
7.3.5 to compile statistical information about browsing habits, click-patterns and access to the Vaalweekblad web site.
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 Vaalweekblad and/or its partners / affiliates.
7.6 Vaalweekblad may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Vaalweekblad shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Vaalweekblad shall disclose information without the User’s consent only through due legal process; and
7.6.3 Vaalweekblad may compile, use and share any information that does not relate to any specific individual.
7.7 Vaalweekblad owns and retains all rights to non-personal statistical information collected and compiled by Vaalweekblad.
8. HYPERLINKS TO THIRD PARTY SITES
Vaalweekblad may provide hyperlinks to web sites not controlled by Vaalweekblad or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Vaalweekblad 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.
9.1 Vaalweekblad shall take all reasonable steps to secure the content of the Vaalweekblad web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Vaalweekblad does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Vaalweekblad is under no legal duty to encrypt any content or communications from and to the Vaalweekblad web site and is also under no legal duty to provide digital authentication of any page on the Vaalweekblad web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Vaalweekblad web site or the server and computer network that support the Vaalweekblad web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Vaalweekblad web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Vaalweekblad harmless against any and all liability, damages and losses Vaalweekblad 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 Vaalweekblad 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, Vaalweekblad (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 Vaalweekblad web site;
10.1.2 access to web sites linked to the Vaalweekblad web site;
10.1.3 inability to access the Vaalweekblad web site;
10.1.4 inability to access web sites linked to the Vaalweekblad web site;
10.1.5 content available on the Vaalweekblad web site;
10.1.6 services available from the Vaalweekblad web site;
10.1.7 any other reason not directly related to Vaalweekblad’s gross negligence.
10.2 The Vaalweekblad web site 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 Vaalweekblad, that the content and services available from and through the Vaalweekblad web site 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 Vaalweekblad web site should not be regarded as professional advice or the official opinion of Vaalweekblad and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Vaalweekblad web site.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor Vaalweekblad 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 Vaalweekblad 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 Vaalweekblad only serves as an electronic distribution platform for such third party content. Therefore Vaalweekblad shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Vaalweekblad web site.
10.6 Vaalweekblad does not make any warranties or representation that content and services available from the Vaalweekblad web site will in all cases be true, correct or free from any errors. Vaalweekblad shall take all reasonable steps to ensure the quality and accuracy of content available from the Vaalweekblad web site.
10.7 Vaalweekblad does not make any warranties or representations that the Vaalweekblad web site will be available at all times. Users acknowledge that the Vaalweekblad web site may be unavailable due to updates or other causes beyond the reasonable control of Vaalweekblad, 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 Vaalweekblad web site to Vaalweekblad and Vaalweekblad 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.
These Terms and Conditions of Use constitute the entire agreement between Vaalweekblad™ and you, the user of this website. Any failure by Vaalweekblad™ 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 Vaalweekblad web site and discussion forums available on the Vaalweekblad web site.
12.2 Users undertake not to post content to the Vaalweekblad web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Vaalweekblad reserves the right to remove such content in terms of clause 11 above and Vaalweekblad may remove and ban a user from future activities reserved for register users without having to explain or justify the action.
12.4 The User indemnifies and holds Vaalweekblad harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Vaalweekblad web site.
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 Vaalweekblad’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Vaalweekblad web site 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 Vaalweekblad and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Vaalweekblad from the User.
14.2 Any failure by Vaalweekblad 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 Vaalweekblad 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 Vaalweekblad web site for the first time or immediately after the User indicated consent as required during the “login” process;
15.2 data messages (as defined in the ECT Act) addressed by the User to Vaalweekblad shall only be deemed to have been received by Vaalweekblad if Vaalweekblad responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by Vaalweekblad 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 Vaalweekblad 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 Vaalweekblad; and
15.6 the User agrees and warrants that data messages that are sent to Vaalweekblad 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 Vaalweekblad web site 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 Vaalweekblad web site, its content, services and these terms and conditions.
17. LEGAL COSTS
Vaalweekblad shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.