TERMS AND CONDITIONS
1. Acceptance of these Terms and Conditions
1.1 You are not allowed to use this Web Site (which is accessible at www.knysnaplettherald.com, “The Web Site” and “This Website” and is made available by Group Editors Co (Pty) Ltd on behalf of it’s affiliates, subsidiaries, holding companies & partners (“the Owner”)) and/or Web Site Content unless You agree to these Terms and Conditions. If You do not agree to these Terms and Conditions You must immediately delete all copies of the Web Site Content in Your possession or under Your control. This includes, but is not limited to, any Web Site Content which has been copied or cached by You.
1.2 These terms and conditions, including any additional document incorporated by reference (“Terms and Conditions”), apply to any person or entity who uses, accesses, refers to, or views any part of this Web Site (“You” and “Your”). These Terms and Conditions and any restrictions of the Use of this Web Site or the Web Site Content will also apply to any part of this Web Site Content which is cached when Using this Web Site or the Web Site Content.
1.3 These Terms and Conditions regulate the terms and conditions upon which You may "Use" (which includes but is not limited to use, access, refer to, or view this Web Site and the information, content, products or services available on or through this Web Site (“the Web Site Content”), whether or not the Web Site Content is provided by or belongs to the Owner, it’s affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Web Site Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, ring tones, ring back tones, SMS tones, art work trade names, logos, designs, trade marks and service marks which are displayed on or incorporated in this Web Site. The terms “Literary Works”, “Artistic Works”, “Sound Recordings” “Cinematograph Films”, “Program-Carrying Signals”, “Public Editions”, and “Computer Programs” shall bear the meanings assigned to such terms in the Copyright Act 98 of 1978.
1.4 The Owner is entitled and reserves the right to, without notice and in its sole discretion, vary or amend these Terms and Conditions from time to time (“Amended Terms and Conditions”). These Amended Terms and Conditions will be displayed on this Web Site and included in the Terms and Conditions. On the first occasion on which You use this Web Site after the Amended Terms and Conditions have been displayed on this Web Site, if you continue to Use this Web Site after having had a reasonable opportunity to review the Amended Terms and Conditions, the Amended Terms and Conditions will immediately be treated as being effective and binding on you. The Owner may further and at any time impose additional terms and conditions relating to any service, the content, products, facilities or functionality which is made available by the Owner or the Owner’s affiliates, subsidiaries, holding companies or partners, by way of this Web Site or otherwise (“the Additional Terms and Conditions”). If You wish to Use such services, content, products, facilities of functionality, You must agree to the Additional Terms and Conditions (if any) in terms of paragraph 1.5 below.
1.5 Using, accessing, referring to or viewing this Web Site or clicking/checking the “I Agree” button, signifies Your agreement to comply with and be bound by these Terms and Conditions. These Terms and Conditions shall also apply whenever the Web Site Content is provided by or belongs to The Owners, Clients, Affiliates, Subsidiaries, Holding Companies, Partners, Third Party providers or to any other party.
1.6 If You have any difficulty printing these Terms and Conditions or require assistance in obtaining a copy of these Terms and Conditions or of Additional Terms and Conditions, You should contact Angelique Potgieter at telephone 044 874 2424 or email@example.com.
1.7 It is Your responsibility to access and familiarise Yourself with the Terms and Conditions and any amendments thereto on each occasion that You make Use of this Web Site or the Web Site Content.
1.8 The operation of this Web Site or any of the Web Site Content; and/or Your right to use this Web Site or any of the Web Site Content may at any time and for any reason, and in the sole discretion of the Owner, be suspended or terminated without prior notice.
1.9 It is solely Your responsibility to obtain and maintain any facilities, services, products and equipment which may be required by You for purposes of Use of this Web Site or the Web Site Content.
1.10 Rights granted to You in terms of these Terms and Conditions are not capable of transfer to and may not be transferred to any other person or entity and The Owner may grant the same, similar, additional or different rights to any other person or entity.
2. Using the Website
2.1 You may use this Web Site only for lawful, personal and non-commercial purposes and only to:
i. browse and print the Web Site Content;
ii. leave comments, where applicable; and
iii. Participate in any competition or promotion conducted through this Web Site,
iv. Create and publish on this Website classified advertisements and display advertisements.
(the Allowed Use).
2.2 You may not, without the Owner’s prior written consent
2.2.1 alter or modify the Web Site Content in any way; and/or
2.2.2 frame, link to, and/or incorporate any part of the Web Site Content in any other work or publication; and/or
2.2.3 distribute, commercialise and/or exploit the Web Site Content in any way ; and/or
2.2.4 make (and You may not allow or assist any third party to make) any reference to the Owner, the Web Site or the Web Site Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the Owner in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party; and/or
2.2.5 perform any other act which may not be considered fair use; and/or
2.2.6 In any way Use or access or in any way alter or interfere with the source code of this Web Site or of the source code of any software or computer program that forms part of this Web Site Content ; and/or
2.2.7 Use this Web Site to gather or obtain or distribute or disseminate:
126.96.36.199 material protected by laws relating to intellectual property rights or any other laws or copyrighted material without the permission of the Owner;
188.8.131.52 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
184.108.40.206 material which is defamatory, unlawful or contains hate speech;
220.127.116.11 bulk e-mail, whether solicited or unsolicited.
(Collectively the “Prohibited Acts”).
2.3 Requests for consent to perform a Prohibited Act must be submitted to Nicole Rimbault at telephone 044 874 2424 or .The Owner may, in it’s sole discretion, withhold or grant consent to perform a Prohibited Act and impose any conditions to any consent granted.
2.4 You are not allowed to and must not :
2.4.1 post, transmit or otherwise make available, through or in connection with the Web Site anything that, in the sole discretion of the Owner, is or may be unlawful, harmful, abusive, defamatory, vulgar, invasive of another’s privacy, hateful, threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;
2.4.2 harvest or collect personally identifiable information about other users of the Web Site;
2.4.3 restrict or inhibit any other person from using the Web Site (including hacking or defacing any portion of the Web Site);
2.4.4 use the Web Site to advertise or offer to sell or buy any goods or services without the Owner’s express consent and complying with all requirements set for such advertising;
2.4.5 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Web Site;
2.4.6 create a database by systematically or otherwise downloading and storing all or any Web Site Content;
2.4.7 interfere or jeopardize the functionality of the operation of any part of this Web Site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Web Site;
2.4.8 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.4.9 publish or transmit anything that infringes any patent, trademark, trade secret, copyright or any other proprietary right of any other party.
2.5 You are strictly prohibited from Using this Web Site for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
2.6 You require the express consent of the Owner to download or copy content on the Web Site, which consent will be subject to the conditions that You:
2.6.1 maintain all intellectual property notices (including but not limited to copyright and trade mark notices) contained therein;
2.6.2 acknowledge the Owner as the source of the content;
2.6.3 acknowledge writers, journalists, photographers and third parties as they are acknowledged on the Owner’s Web Site; and
2.6.4 include the date upon which the content was sourced from the Owner’s Web Site; and any further conditions which the Owner may, in its sole discretion, impose.
2.7 The copyright notice “Copyright Group Editors Co (Pty) Ltd - All rights reserved” must appear prominently on every page of Web Site Content which You print.
2.8 You undertake to refrain from performing or attempting to perform any of the following or facilitating the performance or attempted performance of the following by other persons:
2.8.1 any action that violates or may have the effect of violating any of these Terms and Conditions;
2.8.2 fraud, including without limitation to its common law meaning, solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”; and
2.8.3 violation or infringement of any intellectual property rights contained in paragraph 4 below.
2.9 You may not intercept any information transmitted to or from the Owner or this Web Site which is not intended by the Owner to be received by You.
2.10 You must respect other users of this Web Site at all times.
3. Exclusion of liability for Use of this Web Site and the Web Site Content and Exclusion of Warranties and Representations
3.1 Use of this Web Site and the Web Site Content is entirely at Your own risk. You hereby indemnify the Owner against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from Your Use of or reliance on this Web Site or the Web Site Content, or any actions or transactions resulting there from, even if the Owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
3.2 The Owner will, subject to the provisions of the Electronic Communications and Transaction Act, No 25 of 2002 (:the ECT Act”) and to the fullest extent allowed by Law, not have any liability whatsoever in relation to this Web Site and/or the Web Site Content, nor does The Owner accept any responsibility for any errors or omissions on this Web Site or the Web Site Content. Subject to the provisions of the ECT Act, the Owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of the Web Site, nor will the Owner incur any liability arising from or in any way related to any unavailability, interruption, downtime, malfunction, or failure of this Web Site or the Web Site Content for any reason whatsoever.
3.3 Should any competent court, arbitrator or authority hold any of the limitations of the liability of the Owner in these Terms and Conditions to be invalid or unenforceable, under no circumstances will the total cumulative liability of the Owner to You exceed R1000 (one thousand Rand).
3.4 For the purpose of this paragraph 3, any reference to the Owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the Owner
3.5 This Web Site and Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, which includes, but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content.
3.6 The Owner gives no warranty , nor makes any representation, whether express or implied, that the Web Site Content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile service, or Your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm of otherwise impede in any manner the operation or the content of a computed system, computer network, any handset or mobile device, or Your hardware or software.
3.7 You must not rely on any warranty or representation which allegedly induces You to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.
3.8 This Web Site and the Web Site Content is not intended to, and does not, constitute advice or any recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product.
3.9 You should always obtain independent expert advice prior to making any financial, commercial or other decisions. You must not enter into any transactions, make any investments, make decisions of any nature, including without limitation, any purchases or any financial or commercial decisions based partly or wholly on the Web Site Content.
3.10 Any information contained on this Web Site related to any stock exchanges, financial markets, financial products. securities, derivatives, units, funds, currencies and/or exchange rates may not be accurate or complete. You acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way.
3.11 References or links on this Web Site to other web sites (“Other Web Sites”) and to the products, opinions or services of third parties are not intended to be, and should not be interpreted as endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products or services of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at Your own risk, and The Owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.
3.12 This Web Site may act as a venue allowing parties to advertise to sell goods and/or services. The Owner has no control over the truth or accuracy of such advertisements, the quality, safety or legality of goods or services advertised, or the ability of advertisers nor parties who respond to advertisements to perform. Should you have a dispute of whatsoever nature with any party who advertises any goods or services on the Web Site, you indemnify The Owner against any claims and damages of every kind and nature arising out of or in any way connected with such disputes.
3.13 Views and opinions expressed on this Web Site or in advertisements on this Web Site are not those of The Owner unless clearly stated to be so and the party stating them to so be the views and/or opinions of The Owner being authorized to make such a statement.
4. Intellectual Property
4.1 The Web Site Content, including (without limitation) any software, icons, text, links, graphics, photographic images, sound clips, music, ring tones, ring back tones, SMS tones, video clips, artwork, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, trade names. Logos. Trade marks and service marks (collectively “the Products”) are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the Owner and/or our licensors. Any unauthorized Use of the Web Site Content is prohibited.
4.2 Subject to these Terms and Conditions, You will not acquire any right, title or interest in or to this Web Site or the Web Site Content other than those rights expressly granted to You in these Terms and Conditions, which rights of Use are subject to these Terms and Conditions.
4.3 Where any of the Web Site Content has been licensed to the Owner or belongs to a third party, Your rights of Use will also by subject to comply with any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with any terms and conditions so imposed by such licensor or third party.
5. Required Registration
5.1 Prior to accessing certain
i. services offered by the Owner and/or
ii.areas of the Web Site; the Owner may require that you register in a prescribed manner.
5.2 Should such registration require or involve a password, username or email address, the Owner may refuse to grant You, and You may not use, a password, user name or e-mail address:
i. that is already being used by someone else or may belong to another person;
ii. that may be construed as impersonating another person;
iii. that violates the intellectual property or any rights of any person;
iv. that is offensive; or
v. that the Owner rejects for any other reason in it’s sole discretion.
5.3 In order to register the Owner may require that You provide certain information. You undertake to provide only true and correct information during any registration process and further undertake to complete all details required during any registration. Should You fail to complete all details required during registration, or provide any details or information that is incorrect, false or misleading in any way, the Owner may refuse Your registration. Should You successfully register and it later comes to light that You did not provide all details or information as required by the Owner for registration, or that You provided incorrect, false or misleading information, Your registration will immediately and without any notice to you be cancelled. The Owner will incur no liability due to cancellation of Your registration for any reason, nor any failure of attempted registration. The Owner shall also incur no liability in any way arising from or connected to anything related to Your registration where it, at a later stage, becomes apparent that You were registered in contravention to these terms and conditions.
5.4 When you visit, register or use the services on the Website, you may be asked to provide certain information about yourself. The Owner may also collect information about your use of this Website and will retain access to all personal information that it has collected from you. When you use the Website the Owner saves the details you provide and may use them to enable it to personalize the service it offers you.
Your information will enable The Owner to provide you with access to parts of this Website and to supply the services and features that you have requested. Information collected may be used by The Owner in its marketing and to help it develop, administer, support and improve its services on and regarding The Website. The Owner may use your information to contact you for your views on its services and to notify you occasionally about important changes and developments to this Website or its services.
This Website and The Owner use “cookies” to enable it to personalize your visits to this Website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this Website. The Owner’s servers also automatically record ‘log files’ containing information about the volume and characteristics of the Website traffic, for example IP address, numbers of pages viewed, length of time spent on site. The Owner uses log files to build pictures of how the Website is used that helps it to monitor and improve service.
When The Owner’s service is available via the Websites of its partners, those partners may have access to your information. Their use of your personal information is governed by their privacy policies. The Owner is not responsible for the privacy policies and practices of any other websites, even if you access them using links from this Website or if you can access the Website or use our services from them. It is recommended that you read the policy of each site that you visit before providing any personal information.
If The Owner’s business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to such new business partners or owners.
The Owner will not otherwise disclose, sell or distribute your information to any third party without your permission unless The Owner is required to do so by law.
5.5 It is Your responsibility to protect and maintain the confidentiality of any user name/password required to access the Web Site. You agree not to make available Your password or user name, or lend or otherwise transfer Your Use of or access to the Web Site, to any third party. Any user name and/or password issued on registration are for Your personal use and not for use by any other person and You are fully responsible for all interaction with, and use of the Web Site that occurs in connection with Your password or user name. You agree to immediately notify the Owner of any unauthorized use of Your password or user name or any other breach of security related to Your registration or the Web Site, and to ensure that You “log off”/exit from Your account with the Web Site (if applicable) at the end of each session. The Owner shall not by liable for any loss or damage arising from Your failure to comply with any of the aforegoing.
6. Competition rules
6.1 Competitions conducted through the Web Site (“the Competitions”) shall be subject to these Terms and Conditions and the following rules (unless specifically excluded in respect of a specific competition) as well as any other rules, terms and conditions specified in respect of any competition:
6.1.1 Only persons who are
i. natural persons;
ii. 18 years or older; and
iii. either South African citizens or are permanently resident in South Africa may enter and participate in the Competitions.
6.1.2 No employees, directors, members, partners or agents of the Owner and/or its affiliated and associated companies, nor any member of such person's immediate family, are eligible to participate in the Competitions;
6.1.3 All information, rules or conditions relating to the Competitions, published in any publication or in any promotional or advertising material in any media, will form part of these Terms and Conditions;
6.1.4 Participation in the Competitions and any prizes redeemed are subject to these Terms and Conditions and rules, as well as any other rules, terms and conditions specified in respect of any competition, which will be interpreted by the Owner in its sole and absolute discretion;
6.1.5 Prizes redeemed pursuant to the Competitions are not transferable and/or negotiable;
6.1.6 In the event of any dispute related to any Competition, the decision of the Owner will be final and binding in relation to all aspects of the Competitions, and no correspondence will be entered into;
6.1.7 The Owner reserves the right to amend these Terms and Conditions and Competition Rules at any time, without notice. The Owner will not be required to provide any reasons for any alteration of amendment of these Terms and Conditions, and no person will have any claim whatsoever against the Owner, its associated companies and advertising and promotion agencies;
6.1.8 You indemnify the Owner, its associated companies, advertising and promotion agencies, and its directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever related to Your participation in any of the Competition.
7. Blog posts, bulletin boards, opinion polls and similar opportunities for commentary
7.1 Should blog posts, bulletin boards, opinion polls and similar opportunities for commentary from time to time be made available on the Web Site, You may only use such blog posts, opinion polls and/or bulletin boards and/or other opportunities for commentary for personal, non-commercial purposes. You agree that the Owner and/or any other competent authority may intercept any of Your communications (as provided for in the Regulation of Interception of Communications Act 70 of 2002 (as amended).
7.2 By You posting or publishing any content or comment on the blog posts, opinion polls and/or bulletin boards, You grant the Owner a non- exclusive, transferable, sub licensable, royalty free, irrevocable, world-wide license to use, publish, disseminate, distribute, reproduce, adapt and/or sub-license such content on the Web Site to any of its affiliated publications and/or web sites and to use the content for, amongst others, its promotional, marketing and research purposes.
7.3 The Owner reserves the right, in its sole discretion and for any reason, to delete, edit or relocate any content or comment posted by You on any blog post, opinion poll and/or bulletin board. The Owner is further entitled, in its sole discretion and for any reasons, to prohibit You from posting any comment on the blog posts, opinion polls and/or bulletin boards.
7.4 Any personal information which You may disclose in any of the comments posted by You, or which may become available to third parties due to your use /participation/viewing or any other action related to such blog posts, bulletin boards, opinion polls and similar opportunities for commentary, may be viewed, collected and/or used by any other party Using the Web Site. You agree that the Owner shall not be obliged to protect Your personal information or any other interest in law or otherwise, and You indemnify the Owner from any loss (whether direct, indirect or consequential) You may suffer as a result of any party being privy to Your personal information irrespective of the manner in which such third party obtained Your personal information.
7.5 Use of blog posts, bulletin boards, opinion polls and similar opportunities for commentary is subject to these Terms and Conditions and further conditional thereon that You agree not to post or publicise:
7.5.1 any content which may be considered to be abusive, obscene, defamatory, pornographic or illegal;
7.5.2 off-topic content, or the same content in multiple blog posts;
7.5.4 any content that in the opinion of the Owner is deemed to be a solicitation of funds or advertising of goods or services.
7.6 The Owner shall incur no liability of any nature and arising from whatever cause in any way related to the Use of any blog post, opinion poll and/ore bulletin board and/or similar opportunities for commentary. The Owner shall further incur no liability of any nature due to the suspension, unavailability and/or malfunction of any blog post, opinion poll and/or bulletin board and/or similar opportunities for commentary.
8. Online Advertisements
8.1 The Web Site may allow you to request advertising space on the Web Site, draft advertisements, submit advertisements for publication on the Web Site and pay for these and related services online.
8.2 Without derogating from anything else contained in these Terms and Conditions, the following shall, in addition to everything else contained herein, apply where you make use of the facility to create and publish on the Website classified and/or display advertisements:
8.2.1 You remain solely liable for the correctness of the content, lay-out and design of your advertisement and The Owner shall under no circumstances be liable to you or any third party for any loss or damage, howsoever caused, nor mistakes of any nature, in any classified or display advertisement which you submit for publication on the Web Site.
8.2.2 Should your classified advertisement or display advertisement fail to appear on the Website or fail to appear on the date(s) which you selected for it’s publication, due to an act or omission on the part of The Owner the liability of The Owner will be limited to the amount paid by you for that advertisement only, and there shall be no liability in any event beyond the amount paid for such advertisement.
8.2.3 All transactions on this Website are in South African Rand. No advertisement submitted for publication will appear on the Website before The Owner receives the payment due in respect of such advertisement. Refunds may occasionally be offered at the discretion of The Owner.
8.3 Should you make use of the facility to create and/or publish an advertisement on the Web Site you must comply with all these terms and conditions and further provide complete, true and correct information about yourself and the goods and/or services advertised.
8.4 You may not use the facility to create and/or publish an advertisement of the Web Site to publish anything which in the sole discretion of The Owner is or may be unlawful, harmful, abusive, defamatory, vulgar, invasive of another’s privacy, hateful, threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable, and You indemnify The Owner against any claims of whatsoever nature arising from the content of any advertisement you submit for publication on or publish on The Web Site.
8.5 The Owner may or may not pre-screen any advertisements submitted for publication and you acknowledge that The Owner (or its assignees) shall have absolute discretion to pre-screen, refuse, edit, move or remove any advertisement created or submitted for publication of the Web Site.
8.6 The Owner has no control over nor does is warrant the ability of any party who advertises goods or services or who reacts to any advertisement to perform.
8.7 The Owner is in no way involved in any transaction or negotiation between any party who advertises goods or services or who reacts to any such advertisement. If you advertise goods and/or services in the Web Site and any dispute of whatsoever nature arises between you and any party who reacts to such advertisement, or if you react to any advertisement published on the Web Site and any dispute of whatsoever nature arises between you and the party who so advertised on the Web Site, you indemnify The Owner against any claims, of whatsoever nature, arising out of or in any way connected with such disputes.
8.8 The Owner reserves the right to refuse to publish your advertisement without being obliged to provide reasons for such refusal.
9. Variation of certain deeming provisions in the ECT Act
9.1 By using this Web Site, You agree that these Terms and Conditions create a binding agreement between the Owner and You, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:
9.1.1 the agreement will be deemed to have been concluded at the Owner’s physical address detailed in paragraph 11 below on the date on which You fist made any Use of the Web Site.
9.1.2 an electronic signature is not required by You or the Owner for purposes of agreeing to these Terms and Conditions. You agree that by using this Web Site or the Web Site Content this will be sufficient evidence of Your agreement to these Terms and Conditions;
9.1.3 Any data message sent by You to the Owner will be deemed to have been sent from the Owner’s physical address detailed in paragraph 11.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa;
9.1.4 Any data message sent by the Owner to You will be deemed to have been received by You at the Owner’s physical address detailed in paragraph 11.1 below if neither Your usual place of business nor residence is located within the Republic of South Africa;
9.1.5 Any communication sent to You by an information system programmed to operate automatically on behalf of the Owner will not be a data message attributable to the Owner or authorized by the Owner;
9.1.6 Subject to the provisions hereof, any data message sent by You to the Owner will only be deemed as having been received by the Owner when an acknowledgement of receipt is sent by the Owner by a person who had authority to act on behalf of the Owner in respect of that data message; and
9.1.7 This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.
10. Disputes, claims and legal proceedings
10.1 Any dispute declared by You and any claim which You may have against the Owner arising out of or in connection with these Terms and Conditions or the Use of the Web Site of the Web Cite Content, at any time before or after termination, cancellation or amendment of these Terms and Conditions will, subject to paragraph 10.4 below, be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
10.2 Should the Owner declare a dispute with You or institute any claim or legal proceedings against You arising out of or in connection with these Terms and Conditions or Your Use of the Web Site or of the Web Site Content, the Owner reserves the right, subject to paragraph 10.4 below, to deal with the matter in a forum of its choice, which will include, but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms and Conditions.
10.3 You agree that the Owner is entitled, but not obligated, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Web Site or the Web Site Content, in any Magistrate’s Court in the Republic of South Africa having jurisdiction over You, even though the cause of action in question exceeds the
jurisdiction of that court.
10.4 Neither You nor the Owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings in terms of the above.
10.5 You shall be liable for any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the Owner due to or arising out of Your use of this Web Site or the Web Site Content, or a breach of these Terms and Conditions.
10.6 While none of Your rights and obligations in these Terms and Conditions may be ceded, assigned or transferred without the prior consent of the Owner, The Owner is entitled to cede, assign or transfer any of the Owner’s rights and obligations in these Terms and Conditions without Your prior written consent and without notice to You.
10.7 The paragraph headings in these Terms and Conditions have been inserted for convenience and reference only and will not be taken into consideration in the interpretation of these Terms and Conditions.
10.8 Any reference in these Terms and Conditions to the singular includes the plural and vice versa. Any reference in these Terms and Conditions to natural persons includes legal persons. References to any gender include references to the other gender and vice versa.
10.9 Unless the content requires otherwise or it is expressly stated to the contrary, any words and phrases:
10.9.1 defined in these Terms and Conditions will bear the same meaning throughout these Terms and Conditions;
10.9.2 not defined in these Terms and Conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
10.10 In the event that any of the Terms and Conditions are at any time found to be invalid and unenforceable, such term or terms will be severable from the remaining Terms and Conditions, which will continue to be valid and enforceable.
10.11 References to “writing” or notices “in writing” by the Owner in these Terms and Conditions only includes writing on paper signed in ink by an authorized representative of the Owner and specifically excludes any writing which may be in electronic form.
10.12 No relaxation or indulgence which the Owner may grant to You will be deemed to be a waiver of any of the Owner’s rights in terms of these Terms and Conditions or in law, nor shall such relaxation or indulgence alter these Terms and Conditions in any way.
10.13 In the event of any conflict between these Terms and Conditions and any Additional Terms and Conditions, the Additional Terms and Conditions will prevail.
10.14 The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or the Owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of You or the Owner nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.
11. Miscellaneous matters
11.1 Except where stated otherwise in the Terms and Conditions, the Owner’s address for the service of any notice is:
Postal address: P O Box 806, George 6530, South Africa
Physical address: 72 York Street, George, South Africa
11.2 All notices of legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the Owner and also delivered to the physical address of the Owner and must be marked for the attention of Nicole Rimbault.
11.3 Notices given to the above addresses will only be deemed to have been duly given:
10.3.1 14 days after posting of registered post to the Owner’s postal address; and
10.3.2 3 days after delivery by hand to the Owner’s physical address.
11.4 Any queries and/or comments relating to the Website must be directed to: Angelique Potgieter at Group Editors, email address- firstname.lastname@example.org or telephone number 044 874 2424.