THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE DUMELANG NEWS WEBSITE OR ANY PART THEREOF (THE DUMELANG NEWS 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 DUMELANG NEWS 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 Dumelang News website or content shall include any part thereof;
b. References herein to User(s) means any person who access the Dumelang News website, notwithstanding the fact that such a person only visited the home page of the Dumelang News 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 Dumelang News provides groundbreaking news from around the world. With an emphasis on Free State Province and South African news, Dumelang News provides comprehensive English coverage of general news, business, sport and other major interest areas.
2. ALLOWED USE AND LICENSE
2.1. Dumelang News licenses the User to view, copy, download and print the content of the Dumelang News 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 Dumelang News website includes the following copyright notice: © Dumelang News 2014. ALL RIGHTS RESERVED.
2.2 Content from the Dumelang News website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Dumelang News.
2.3 Users may only access and use the Dumelang News website for legal purposes.
2.4 Use of content from the Dumelang News 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 Dumelang News website, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Dumelang News 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 Dumelang News website;
2.4.4 acknowledges writers, photographers and third party agencies as they are acknowledged on the Dumelang News website; and
2.4.5 includes the date upon which the content was sourced from the Dumelang News website in the summary of the content.
2.5 The caching of the Dumelang News 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 Dumelang News 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 Dumelang News.
2.6 If any person uses content from the Dumelang News we site in breach of the provisions detailed herein:
2.6.1 Dumelang News reserves the right to claim damages from such person; and
2.6.2 Dumelang News 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 Dumelang News website from any other source shall be directed at the home page of the Dumelang News website. Dumelang News shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Dumelang News website, if such content was accessed through a hyperlink not directed at the home page of the Dumelang News website. Persons that wish to link to content beyond the home page of the Dumelang News website shall do so at their own risk and undertake to indemnify Dumelang News against any loss, liability or damage that may result from content on the Dumelang News website, if such content was accessed through a hyperlink not directed at the home page of the Dumelang News website.
Dumelang News’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 Dumelang News 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 Dumelang News website, in any manner, without the prior written consent of Dumelang News.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Dumelang News 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 Dumelang News website for any purposes, without the prior written consent of Dumelang News.
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 Dumelang News at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Dumelang News website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Dumelang News 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 Dumelang News website are expressly reserved.
3.2 “Dumelang News” is a registered trademark and Users agree not to use the Dumelang News trademark or the “24” mark as an element of a domain name or sub domain name, 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 Media24 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 Dumelang News website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Dumelang News 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 Dumelang News has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Dumelang News, a division of Dumelang Travel Magazine PTY Ltd, Reg. No. 2012/132993/07;
5.2 Street address: Unit 6, 52 Kellner Street, Westdene, Bloemfontein, 9300;
5.3 Postal address: PO 3699, Bloemfontein, 9300;
5.4 Main business: The main business of Dumelang News and Dumelang Media is the provision of news, education and entertainment content;
5.5 The website addresses of the Dumelang News website are: www.dumelangnews.co.za;
5.6 Codes of conduct to which the Dumelang News website subscribes: Dumelang News’s editorial policy is aligned to practices of the constitution of the Republic of South Africa;
5.7 Costs: Access to content on the Dumelang News website is free to any person who subscribes to these terms and conditions. Notwithstanding the aforegoing, Dumelang News may, in future, charge fees for access to the Dumelang News website;
5.8 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.8.1 access to the Dumelang News website;
5.8.2 the inability to access the Dumelang News website;
5.8.3 the services and content available from the Dumelang News website; or
5.8.4 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 Bloemfontein 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;
5.9 Cooling-off period: As far as practically possible, Users have the right to return services provided from the Dumelang News website within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.10 User may lodge complaints concerning the Dumelang News website with Dumelang Media, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
Dumelang News 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 Dumelang News website;
6.3 discontinue any aspect of the Dumelang News we site or service(s) available from the Dumelang News website; and/or
6.4 change the software and hardware required to access and use the Dumelang News website.
7.1 Dumelang News 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 Dumelang News may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.4 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 Dumelang News collects, stores and uses the above-mentioned information for the following purposes:
7.3.1 to greet the User when he/she accesses the Dumelang News website;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Dumelang News website;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from Dumelang News and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses the Dumelang News website or the websites of Dumelang News partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Dumelang News 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 Dumelang News and/or its partners / affiliates.
7.6 Dumelang News may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Dumelang News shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Dumelang News shall disclose information without the User’s consent only through due legal process; and
7.6.3 Dumelang News may compile, use and share any information that does not relate to any specific individual.
7.7 Dumelang News owns and retains all rights to non-personal statistical information collected and compiled by Dumelang News.
8. HYPERLINKS TO THIRD PARTY SITES
Dumelang News may provide hyperlinks to websites not controlled by Dumelang News or Dumelang Media (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Dumelang News 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 Dumelang News shall take all reasonable steps to secure the content of the Dumelang News website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Dumelang News does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Dumelang News is under no legal duty to encrypt any content or communications from and to the Dumelang News website and is also under no legal duty to provide digital authentication of any page on the Dumelang News 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 Dumelang News website or the server and computer network that support the Dumelang News website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Dumelang News website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Dumelang News harmless against any and all liability, damages and losses Dumelang News 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 Dumelang News 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, Dumelang News (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 Dumelang News website;
10.1.2 access to websites linked to the Dumelang News website;
10.1.3 inability to access the Dumelang News website;
10.1.4 inability to access websites linked to the Dumelang News website;
10.1.5 content available on the Dumelang News website;
10.1.6 services available from the Dumelang News website;
10.1.7 any other reason not directly related to Dumelang News’s gross negligence.
10.2 The Dumelang News 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 Dumelang News, that the content and services available from and through the Dumelang News 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 Dumelang News website should not be regarded as professional advice or the official opinion of Dumelang News and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Dumelang News website.
10.4 This website is directed primarily at Users in the Republic of South Africa and therefor Dumelang News 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 Dumelang News 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 Dumelang News only serves as an electronic distribution platform for such third party content. Therefore Dumelang News shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Dumelang News website not created by Dumelang News or its employees.
10.6 Dumelang News does not make any warranties or representation that content and services available from the Dumelang News website will in all cases be true, correct or free from any errors. Dumelang News shall take all reasonable steps to ensure the quality and accuracy of content available from the Dumelang News website.
10.7 Dumelang News does not make any warranties or representations that the Dumelang News website will be available at all times. Users acknowledge that the Dumelang News website may be unavailable due to updates or other causes beyond the reasonable control of Dumelang News, 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 Dumelang News website to Dumelang News and Dumelang News 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 DUMELANG NEWS™ and you, the user of this website. Any failure by DUMELANG NEWS™ 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 Dumelang News website and discussion forums available on the Dumelang News website.
12.2 Users undertake not to post content to the Dumelang News website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Dumelang News reserves the right to remove such content in terms of clause 11 above.
12.3 Dumelang News 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 Dumelang News harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Dumelang News 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 Dumelang News’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Dumelang News 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 Dumelang News and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Dumelang News from the User.
14.2 Any failure by Dumelang News 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 Dumelang News 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 Dumelang News 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 Dumelang News shall only be deemed to have been received by Dumelang News if Dumelang News responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by Dumelang News 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 Dumelang News 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 Dumelang News; and
15.6 the User agrees and warrants that data messages that are sent to Dumelang News 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 Dumelang News 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 Dumelang News website, its content, services and these terms and conditions.
17. LEGAL COSTS
Dumelang News shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© Dumelang News. These terms and conditions may not be used or reproduced without the prior consent of Dumelang Media