IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002, THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS AND/OR USE THE MEDIA24 ARCHIVE WEB SITE OR ANY PART THEREOF.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE MEDIA24 ARCHIVE WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “Media24 Archive web site” means the Media24 Archive site located at http://220.127.116.11/index.html and includes any part or element thereof;
b) “Media24” means the Media24 Ltd, Reg. no. 1950/038385/06 of Naspers Centre, Heerengracht, Cape Town, South Africa;
c) “User” means any person who enters or uses the Media24 Archive web site, notwithstanding the fact that such a person only visited the home page of the Media24 Archive web site;
d) References herein to the singular includes the plural and vice versa; and
e) 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 determination of the validity and interpretation of these terms and conditions.
Media24 operates and maintains the Media24 Archive consisting of a web enabled database of articles from the following sources:
· Die Burger: http://www.media24.com/eng/newspapers/dieburger.html;
· Volksblad: http://www.media24.com/eng/newspapers/volksblad.html;
· City Press: http://www.media24.com/eng/newspapers/citypress.html;
· Sunday Sun: http://www.media24.com/eng/newspapers/sundaysun.html;
· Daily Sun: http://www.media24.com/eng/newspapers/dailysun.html; and.
· Landbouweekblad: http://www.media24.com/eng/mags/landbou.html.
2.1 Media24 licenses the User to view, download and print the content of the Media24 Archive web site, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Articles archived on the Media24 Archive web site are also subject to the license and terms of the article’s rights owners and Users are encourages to view those licenses and terms at the following locations:
2.2.1 Die Burger: http://www.news24.com/Images/Die_Burger/Images/gebruiks_button.gif;
2.2.2 Beeld: [TO BE P[ROVIDED]
2.2.3 Volksblad: [TO BE P[ROVIDED]
2.2.4 Rapport: [TO BE P[ROVIDED]
2.2.5 City Press: [TO BE P[ROVIDED]
2.2.6 Sunday Sun: [TO BE P[ROVIDED]
2.2.7 Daily Sun: [TO BE P[ROVIDED]
2.2.8 Landbouweekblad: http://www.landbou.com/LandbouWeekblad/Components/Landbou_SpecialComponent/1,,,00.html?Type=Landbou_Disclaimer; and
2.3 Content from the Media24 Archive web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Media24.
2.4 Users may only access and use the Media24 Archive web site for legal purposes.
2.5 The caching of the Media24 Archive web site shall only be allowed if:
2.5.1 The purpose of the caching is to make the onward transmission of the content from the Media24 Archive web site 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 Media24.
2.6 If any User uses content from the Media24 Archive web site in breach of the provisions detailed herein:
2.6.1 Media24 reserves the right to claim damages from the User;
2.6.2 Media24 reserves the right to institute criminal proceedings against the User; and
2.6.3 Media24 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.7 Hyperlinks to the Media24 Archive web site from any other source shall be directed at the home page of the Media24 Archive web site. Media24 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Media24 Archive web site, if such content was accessed through a hyperlink not directed at the home page of the Media24 Archive web site. Persons that wish to link to content beyond the home page of the Media24 Archive web site shall do so at their own risk and indemnify Media24 against any loss, liability or damage that may result from the use of content from the Media24 Archive web site, if such content was accessed through a hyperlink not directed at the home page of the Media24 Archive web site.
Media24’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 Media24 Archive web site only if such quote is placed in inverted commas and acknowledged.
2.9 No person may frame the Media24 Archive web site, in any manner whatsoever, without the prior written consent of Media24.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Media24 Archive web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Media24 Archive web site for any purposes, without the prior written consent of Media24.
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 Media24 at any time without giving reasons therefore.
3.1 All intellectual property on the Media24 Archive web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Media24 Archive and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Media24 Archive web site are expressly reserved.
3.2 “Media24”, “Die Burger”, Beeld”, “Volksblad”, “Rapport”, “City Press”, “Sunday Sun”, “Daily Sun” and “Landbouwekblad” are registered trademarks and Users agree not to use these trademarks as elements 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 at the cost of the User.
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the Media24 Archive web site and/or download content from this web site.
Access to the services, content, software and content downloads available from the Media24 Archive web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Media24 has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Media24 Reg. no. 1950/038385/06 of Naspers Centre, Heerengracht, Cape Town, South Africa
5.2 Street address: Naspers Centre, Heerengracht 40, Cape Town, 8000, South Africa;
5.3 Postal address: PO Box 2271, Cape Town, 8000, South Africa;
5.4 Physical address for receipt of legal service: Naspers Centre, Heerengracht 40, Cape Town, 8000South Africa;
5.5 Main business: see: http://www.media24.com/eng/eng_index.html;
5.6 The web site address of the Media24 Archive web site is: http://18.104.22.168/index.html;
5.7 The official e-mail address of the Media24 Archive web site is: firstname.lastname@example.org;
5.8 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Media24 Archive web site may be downloaded from: http://www.naspers.com/docs/Manual_new_PAIA.doc;
5.9 Management: http://www.media24.com/eng/corporate/corporate_index.html;
5.10 The costs associated with the access and use of the Media24 Archive web site is as follows: free access.
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 access to the Media24 Archive web site;
5.11.2 the inability to access the Media24 Archive web site;
5.11.3 the services and content available from the Media24 Archive web site; or
5.11.4 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 Bellville in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.media24.com/eng/corporate/corporate_index.html;
5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;
5.13 Users may lodge complaints concerning the Media24 Archive web site with Media24 at email@example.com.
Media24 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 Media24 Archive web site;
6.3 discontinue any aspect of the Media24 Archive web site or service(s) available from the Media24 Archive web site; and/or
6.4 change the software and hardware required to access and use the Media24 Archive web site.
7.1 Media24 shall take all reasonable steps to protect the personal information of Users and 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 Media24 may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 Media24 collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this web site; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Media24 Archive web site.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 Media24 may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Media24 shall not disclose personal information from Users unless the User consents thereto;
7.5.2 Media24 shall disclose information without the User’s consent only through due legal process; and
7.5.3 Media24 may compile, use and share any information that does not relate to any specific individual.
7.6 Media24 owns and retains all rights to non-personal statistical information collected and compiled by Media24.
8.1 Media24 may provide hyperlinks to web sites not controlled by Media24 Archive (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2 Media24 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 Media24 shall take all reasonable steps to secure the content of the Media24 Archive web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Media24 does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Media24 is under no legal duty to encrypt any content or communications from and to the Media24 Archive web site and is also under no legal duty to provide digital authentication of any page on the Media24 Archive web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Media24 Archive web site or the server and computer network that support the Media24 Archive web site.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Media24 Archive web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Media24 harmless against any and all liability, damages and losses Media24 and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Media24 reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.6 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 Media24 and its partners / affiliates.
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, Media24 (including its owners, employees, suppliers, Internet service providers, 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 Media24 Archive web site;
10.1.2 access to web sites linked to the Media24 Archive web site;
10.1.3 inability to access the Media24 Archive web site;
10.1.4 inability to access web sites linked to the Media24 Archive web site;
10.1.5 content available on the Media24 Archive web site;
10.1.6 services available from the Media24 Archive web site;
10.1.7 downloads and use of content from the Media24 Archive web site;
10.1.8 any other reason not directly related to Media24’s gross negligence.
10.2 The Media24 Archive web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Media24, that the content available from and through the Media24 Archive web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Media24 Archive web site should not be regarded as professional advice or the official opinion of Media24 and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Media24 Archive web site.
10.4 Media24 does not make any warranties or representation that content and services available from the Media24 Archive web site will in all cases be true, correct or free from any errors. Media24 shall take all reasonable steps to ensure the quality and accuracy of content available from the Media24 Archive web site.
10.5 Media24 does not make any warranties or representations that the Media24 Archive web site shall be available at all times. Users acknowledge that the Media24 Archive web site may be unavailable due to updates or other causes beyond the reasonable control of Media24, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Media24 Archive web site to Media24 and Media24 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.
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Media24’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Media24 Archive web site, its staff and employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Media24 and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Media24 from the User.
13.2 Any failure by Media24 to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 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.
The User and Media24 agree that:
14.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Media24 Archive web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to Media24 shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by Media24 shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to Media24 shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Media24; and
14.6 the User agrees and warrants that data messages that are sent to Media24 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.
The Media24 Archive web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Media24 Archive web site, its content, services and these terms and conditions.
Media24 shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.