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- RAMSAY MEDIA , HIGHBURY MEDIA AND CTP PUBLISHERS AND PRINTERS LIMITED
I. GENERAL TERMS AND CONDITIONS OF USE OF WEBSITES1. INTRODUCTION1.1 These are the general terms and conditions (“terms and conditions”) of use of the websites conducted by Highbury Media (Pty) Limited, a company incorporated in accordance with the laws of South Africa under registration number 2004/031056/07, all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents (“Highbury Media”). These terms and conditions apply to all our websites, and any other entities and/or websites in which Highbury Media holds an interest, and to which these terms and conditions have been extended.
1.2 Please read the following terms and conditions very carefully, as your use of this website (the “Site”), and all other websites belonging to Highbury Media, is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both –
1.2.1 third party users of the Site, which may advertise, publish or otherwise submit content onto the Site; and
1.2.2 users, who may browse the contents of the Site and the third party content displayed thereon,
or either party, as the context may indicate.
1.3 These terms and conditions are to be read with Highbury Media’s Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published by Highbury Media from time to time and/or published on the Site (all of which are included in the definition of “terms and conditions”). By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.
1.4 Further to the aforementioned, Highbury Media may, in its sole and absolute discretion, amend these terms and conditions from time to time.
1.5 Reference to Highbury Media in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.
2. SUBMISSION OF CONTENT AND USE OF THE SITE
2.1 You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable laws.
2.2 You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –
2.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law;
2.2.2 any content that constitutes an invasion of privacy;
2.2.3 any content that is an infringement of any intellectual property right;
2.2.4 any content that contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
2.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”.
2.3 Although Highbury Media does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.
2.4 You agree that in using the Site in any way, and/or in any content you provide to Highbury Media, you will not-
2.4.1 create liability for Highbury Media or cause Highbury Media to lose (in whole or in part) the services of our ISPs or other suppliers;
2.4.2 link directly or indirectly to or include descriptions of goods or services that are prohibited under the and conditions you do not have a right to link to or include;
2.4.3 consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of Highbury Media’s system or the content on the site without Highbury Media’s prior written consent; and
2.4.4 provide content to the site which is competitive with Highbury Media.
2.5 At any time, without notice, for any or no reason, Highbury Media reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions
2.6 Should you breach this clause or any other clause in these terms and conditions, Highbury Media may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.
2.7 In using the Site, you warrant that –
2.7.1 you own or otherwise control all rights to the content that you may submit to the Site;
2.7.2 any use of such content will not cause injury or harm to any person or entity; and
2.7.3 you indemnify Highbury Media, its directors, officers and employees, for all claims resulting from any submitted content.
2.8 By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to Highbury Media for posting on the Site, you automatically grant Highbury Media a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.
2.9 The following activities on or through the Site are expressly prohibited –
2.9.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, or to data-mine the same without the prior written authority of Highbury Media;
2.9.2 the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site or for any other non-personal purpose that is not expressly authorised;
2.9.3 any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and
2.9.4 incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to Highbury Media and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) (“ECT Act”) are reserved.
2.10 You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.
2.11 Some of the services offered on the Site, specifically those relating to subscribing to any of Highbury Media’s publications, and participating in e-commerce activities and the purchase and driving of vehicles are only available to persons 18 years or older. By registering with Highbury Media for such services, you warrant that you are 18 years or older.
2.12 From time to time Highbury Media will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, Highbury Media’s General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.
3. THE USE OF THIRD PARTY CONTENT
3.1 Highbury Media hosts information, pricing, opinions, advertising, directory services, event information, property inventory, vehicle inventory and other content supplied by third parties (“Third Party Content”) on the Site. Highbury Media has no editorial or other control, over such content.
3.2 Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to Highbury Media. Highbury Media does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by Highbury Media by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by Highbury Media unless otherwise expressly stated. You use Third Party Content at your own risk.
3.3 It is your responsibility to evaluate Third Party Content available on and through the Site. Highbury Media is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.
3.4 In addition to the aforementioned, Highbury Media is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, Highbury Media is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008. Highbury Media does, however, provide the contact details of all third party suppliers on the Site. You may contact the third party suppliers by using such contact details in such an event.
3.5 Highbury Media does not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site. Highbury Media is not responsible for the content of any third party website linked to or from the Site. The third party websites are provided solely for your convenience. Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by Highbury Media unless otherwise expressly stated. You use third party websites at your own risk.
3.6 If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Highbury Media.
4. PURCHASES OF MAGAZINE OR OTHER PUBLICATION SUBSCRIPTIONS
4.1 The price and potential availability for each magazine on the Site is listed on that particular magazine’s page.
4.2 Highbury Media will not be responsible for any incorrect pricing due to typographical errors. That said, however, Highbury Media undertakes to rectify any incorrect pricing listed on the Site as soon as it becomes aware of such errors.
4.3 You acknowledge and agree that the provisions of Section 44 of the ECT Act do not apply to the sale of newspapers, periodicals, magazines and books as contemplated by Section 42(h) of the ECT Act. Accordingly, you are not entitled to cancel without reason and without penalty any transaction and any related credit agreement relating to your Highbury Media magazine or other publication subscription/s purchased by means of the Site.
4.4 To the full extent permissible by applicable law, Highbury Media does not provide a warranty of any kind, whether expressly or implied as to the ware of the magazines or other publications advertised, or that they will be suitable for any particular purpose or for use under any specific conditions.
5. PROPERTY LISTINGS
5.1 Highbury Media provides the Site for the convenience of buyers, sellers, tenants, investors and users interested in immovable property, and collects content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties they are marketing. Highbury Media is not itself an estate agent.
5.2 Further to the provisions of 3 above, the details of the properties available on the relevant website are provided to Highbury Media by third parties, private sellers and Highbury Media’s affiliated estate agents, for your information only. Highbury Media cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.
6. VEHICLE LISTINGS
6.1 Highbury Media provides the Site for the convenience of buyers, sellers, dealers, owners, traders and investors and users interested in auto and vehicle-related contents, and collects content in the form of advertisements from private sellers, subscribing auto dealers and traders and third party websites, as well as related parties, to display vehicles and auto products they are marketing, trading and dealing in. Highbury Media is not itself an auto dealer or trader.
6.2 All of the information contained on this Site is provided to you for information purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle. You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, finance rates and valuations, as a substitute for the information that is available to you from the seller. If any of the information on the Site does not correspond with the information given by the Seller, you must always rely on the Seller’s information instead of the information on the Site.
6.3 If you wish to buy or sell a vehicle we will assist you to get in touch with the seller of the vehicle. If you decide to buy or sell a vehicle please confirm that the details indicated on this Site are correct with the seller/buyer of the vehicle.
6.4 All information, pictures, colours, specifications or any other data contained within the Site in relation to new vehicles are presented only as a general guide to products and accessories offered by motor manufactures. Although every effort has been made to ensure that all such information is correct and up to date, no guarantee is provided that all such information is reliable, complete, accurate or without error. In some cases pictures of various foreign models may be shown as a guide. All information should be verified by an official dealership.
6.5 Many of the vehicles displayed by this Website are used or second hand. These vehicles are typically sold “as is” or “voetstoots”. Please ask the Seller to detail all the defects that the seller is aware of in the vehicle before you buy it.
6.6 Further to the provisions of 3 above, the details of the vehicle and auto products available on the website are provided to Highbury Media by third parties, private sellers and Highbury Media’s auto dealers and traders, for your information only. Highbury Media cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.
7. DIRECTORY SERVICES, SPECIALS AND LISTINGS
7.1 Highbury Media provides the Site for the convenience of buyers, sellers and users interested in directory services, events and deal listings, and collects content in the form of advertisements from these users.
7.2 Further to the provisions of 3 above, the details of products and services available on the Site are provided to Highbury Media by third parties, private sellers and Highbury Media’s customers, for your information only. Highbury Media cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.
8. CHARGES
8.1 Using Highbury Media’s websites is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your advertisement.
8.2 Our fees are quoted in South African Rands, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
8.3 Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay, we may limit your ability to use the services. We reserve the right to recover unpaid fees from you.
9. VOUCHERS AND COUPONS
9.1 You may use promotional coupons as payment for regular priced products on the Site.
9.2 We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
9.3 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
9.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
9.5 We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
9.6 Conditions for the redemption of promotional coupons are as follows-
9.6.1 from time to time we may release, at our discretion, promotional coupons that may be used on the Site, which we will send to you by email. Promotional coupons can only be redeemed on the Site;
9.6.2 promotional coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional coupons; and
9.6.3 individual brands may be excluded from coupon promotions.
10. ADVERTISING
10.1 You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of Highbury Media shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.
10.2 Highbury Media shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.
10.3 Highbury Media cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of Highbury Media.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All content included on the Site by Highbury Media, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Highbury Media or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Highbury Media and is protected by South African and international copyright laws.
11.2 None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Highbury Media or the copyright owner, except as permitted by the fair use exception or other similar provisions under the South African copyright laws or without the prior written permission of Highbury Media or the copyright owner. © Copyright reserved in all content.
11.3 You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Highbury Media.
11.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Highbury Media, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Highbury Media logo or other proprietary graphic or trademark as part of the link without the express permission of Highbury Media or its content suppliers.
11.5 All trademarks are the exclusive property of Highbury Media.
11.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
12. LIMITATION OF LIABILITY
12.1 The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an “as is” basis. Highbury Media makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing –
12.1.1 Highbury Media does not warrant that the Site, will be error-free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that it will be continuously available or that you will have uninterrupted access to the Site; and
12.1.2 whilst Highbury Media has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
12.2 To the full extent permissible by applicable law, Highbury Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Highbury Media will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user’s reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
12.3 Use of this site is at the user’s sole risk.
12.4 No advice or information, whether oral or written, obtained by you from Highbury Media or its services shall create any warranty
12.5 If you make unlawful use of this Site and as a result of this a third party sues or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of the terms and conditions.
13. JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.
14. TERMINATION
14.1 Highbury Media may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.
14.2 Such termination shall not affect any right to relief to which Highbury Media may be entitled.
14.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Highbury Media.
15. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT
15.1 In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.
15.2 These terms and conditions, including any documents referenced herein, represent the entire agreement between you and Highbury Media regarding your relationship with Highbury Media and the use of the Site and supersedes any prior statements or representations.
15.3 When you visit the site or send Highbury Media e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15.4 Highbury Media may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.
15.5 Data Messages (as defined in the ECT Act) will be deemed to have been received by Highbury Media if and when Highbury Media responds to the Data Messages.
15.6 Data Messages sent by Highbury Media to you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.
15.7 You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and Highbury Media.
15.8 You warrant that Data Messages sent to Highbury Media by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.- 15.9 Subject to the Regulation of Interception of Communications Act No 70 of 2002 (“RICA”), you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act and RICA for consent in “writing”. You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.
15.10 To the extent that we are required under s43 of the ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.
16. Cookies- Highbury Media uses cookies, including similar technologies. The word “cookie” refers to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, Highbury Media will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history. Cookies allow us to provide you with an enhanced experience and customised content and services. We are able to provide our advertisers with an ability to direct relevant advertisements to their audiences. We are able to track the responses to advertising. You are able to control advertising cookies and remove them through the tools on your web browser. If you require more information on this aspect you may visit www.allaboutcookies.org
17. GENERAL- 17.1 The terms and conditions constitute the complete and exclusive statement of the agreement between you and Highbury Media. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any Highbury Media’s employee or agent and the terms and conditions (other than modifications to the terms and conditions executed in writing by Highbury Media), the terms and conditions will prevail. These terms and conditions, related agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.
17.2 Highbury Media’s failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of Highbury Media’s right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. Highbury Media shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Highbury Media.
17.3 You agree that Highbury Media may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party.
PLEASE NOTE: THE CONTENTS OF THIS WEBSITE ARE PROPRIETARY TO HIGHBURY MEDIA AND MAY NOT BE COPIED, REPRODUCED OR OTHERWISE UTILISED IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF HIGHBURY MEDIA. © 2016
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