Terms and Conditions of UseIT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.
General Acceptance of these Terms and Conditions By using, accessing or viewing this web site user agrees to these terms and conditions.
These terms and conditions include any document that may be incorporated by reference.
This web site is owned by Independent Newspapers (Proprietary) Limited ('the owner') and is operated by its division trading as Independent Online ('IOL').
All content on this web site belongs to the owner, unless it is indicated otherwise. Content of advertisements belong to the advertisers, but the owner owns the compilation.
This web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations. The web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
This web site may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to users and/or entrants at the applicable time.
If the user uses this web site interactively, the user will be required to signify the user's agreement by clicking on the 'I agree' button. The user will not be allowed to continue accessing the web site without such agreement.
The owner may at any time impose further and additional terms and conditions relating to the use of this web site. The user's agreement to these terms and conditions automatically bind the user to the additional terms and conditions.
The use of this site is subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 ('ECTA'), where applicable. A copy of ECTA can be downloaded from
here.
Details of the Owner The web site owner is Independent Newspapers (Proprietary) Limited, Registration number 1989/004672/07, a subsidiary of Independent News & Media (South Africa) (Proprietary) Limited.
The physical address of the owner and IOL is 122, St Georges Mall,
Newspaper House, Cape Town, 8000 and the postal address PO Box 4116, Cape Town, 8001. The registered address of the owner is 47 Sauer Street, Johannesburg.
The VAT Number of IOL is 4350181907.
The details of the directors of the owner are found on the web site.
The owner is a member of the Online Publisher's Association ('OPA'). For further information about the OPA please visit www.opa.org.za.
Use of this web site Subject to these terms and conditions the user may only use this web site and the content in order to view, refer to, or print for lawful purposes and as specifically specified when the user gains access.
The use of this web site does not extend to the source code of this web site or of the source code of any software or computer program that forms part of the web site.
The user is not allowed to republish any information obtained on this web site or distribute it in any manner other than as specifically authorised.
These terms and conditions wil apply to any part of this web site which is cached when using this web site.
If user requires any special usage of the web site content, such as for commercial purposes not allowed in terms of these terms and conditions, the user may request such usage in writing from IOL. The granting or refusing of permission is completely within the discretion of the owner and may be conditional.
Use of this web site is strictly at the sole risk of the user.
Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal use.Â
[Please refer to the provisions regarding copyright specified below.]
The owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
the operation of this web site or withdraw any of the content; or the user's right to use this web site;
This is an open web site and the user has no exclusive rights of use in respect of the web site or its content.
The owner has no responsibility in respect of the user's technical requirements to gain access to this web site and the obligation to ensure that the user's equipment is compatible with the access provided by the owner is entirely the user's.
The owner reserves the right to make amendments to the content and information on this web site, including, but not limited to, amendments to pricing and rates
The user acknowledges that it is the user's duty to familiarise him or herself each time the user uses the web site with any amendments that may have been made since the user last used the web site.
Automated transactions and searches are subject to these terms and conditions.
The use of malicious search technology is prohibited.
The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
Search technology which does not unduly retard the operation of this web site is acceptable but the owner reserves the right to prohibit any specific entity from employing search technology on the web site.
Limitation of Liability Use of this web site is strictly at the sole risk of the user.
Subject to the provisions of ECTA the owner will not have any liability whatsoever in relation to this web site and the content. The user accordingly hereby indemnifies and holds the owner harmless against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from the user's use of or reliance on this web site or the content, or any actions or transactions resulting therefrom, even if the owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
Without limiting the generality of the abovementioned indemnity, it is specifically agreed that the owner shall not be liable for:
The negligent release of the user's information to third parties;
Any decisions made by the user based on the information contained on the web site;
Damage suffered by the user in respect of information disseminated by the user or to the user on or from the web site.
Further without limiting the generality of the abovementioned indemnity, the owner will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this web site or the disappearance of content from the web site for any reason whatsoever.
The owner will not be liable for any viruses, destructive materials or any other data or code ('harmful material') which is able to harm or otherwise impede in any manner the operation of a computer system, network, handset or mobile device and the user accepts the risk associated with the existence of such harmful material.
For the purposes of this clause 4 any reference to the owner will include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the owner.
Privacy and Confidentiality Information regarding the manner in which we respect the privacy of user's personal information is contained in our Privacy Policy.
The owner may monitor and intercept communications made through his web site in order to promote the secure and efficient operation of the web site. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the web site owner.
Copyright and Intellectual Property Rights Copyright in all information, images, icons, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the owner. THE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.
The owner grants to the user a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.
Where any of the content has been licensed to the owner or belongs to any third party, the user's rights of using the content will be subject to any additional terms and conditions which that licensor or third party imposes and the user agrees to comply with such third party terms and conditions.
Exclusion of Warranties and Representations Any views or statements made or expressed on this web site are not necessarily the views of the owner, the owner's affiliates, subsidiaries, holding companies, partners, employees, officers, servants or agents.
The owner reserves the right to change the web site and content without notice.
This web site is provided without any representation or warranty whatsoever.
The owner does not accept any responsibility for any errors or omissions on this web site.
Any representation or warranty which is not recorded in these terms and conditions is specifically excluded and the user may not rely thereon in any manner.
This web site is an information publisher and the owner does not warrant the correctness or value of advice or a recommendation of any nature at all in respect of any institution, investment, service or product advertised on this web site.
If the user enters into any transactions, makes any investments, makes decisions of any nature, including, without limitation, any financial or investment decisions based partly or wholly on the information contained on this web site, the owner recommends that the user obtains independent expert advice prior to making any investment or other decisions and the owner accepts no responsibility for any losses the user may incur as a consequence of using the web site.
Links This web site may contain references or links to other web sites or to the products, opinions or services of others, but such reference or links do not constitute an endorsement thereof and the user's use thereof is entirely at the user's own risk.
The disclaimers referred to in paragraph 4 above apply equally to the user's use of the links or references.
Classified Advertising
Additional terms and conditions in respect of classified advertising are specified on the section of the web site at which online transactions for classified advertising are entered into. While the text of classifieds may be submitted online, the transaction will only be finalised once all the details have been telephonically or otherwise confirmed with a sales representative.
Consumer Rights and Security Under section 42 of ECTA the cooling-off period set out in section 44 of the Act does not apply to
an electronic transaction for the sale of newspapers, periodicals, magazines and books.
an electronic transaction for services which began with the consumer's consent before the end of a period of seven days from receipt of the service.
the situation where audio or video recordings or computer software were unsealed by the consumer.
an electronic transaction for the provision of gaming or lottery services.
Under sections 43(1) and (2) of ECTA the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
Where a transaction has been so cancelled in terms section 44 of ECTA then:
The consumer must return the performance of the supplier or immediately cease using the services performed;
The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
In compliance with section 43(5) of ECTA
This web site does not store any user credit card information;
Transactions are processed through the Meglakor payment gateway using industry standard SSL. Meglakor uses 128-bit digital certificates to activate Secure Sockets Layers (SSL) to ensure that all credit card details are sent encrypted to our merchant server. SSL encrypts information and makes it impossible for anyone to read while in transit.
IOL is registered for VAT and prices reflected on this web site are inclusive of VAT.
Under section 43(6) of ECTA the supplier of goods will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
Automated Searching The owner offers a service whereby headlines featured on the web site may be displayed on a web site using RSS Feeds under an implied license. This service is available at no cost for non-commercial use.
Licences for commercial use of this service will be negotiated by the owner on application. For further information please contact us.
The owner reserves the right in its sole discretion and for whatever reason to require users of the syndication service to immediately cease using it upon receipt of notification in this regard.
Restrictions on Use The user must respect other users of this web site at all times.
The user may not use this web site to obtain or distribute:
copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner;
harmful materials which are able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
material which is defamatory, unlawful or contains hate speech; or
bulk e-mail, whether solicited or unsolicited.
The user must not interfere or attempt to interfere with or jeopardise the functionality or the operation of any part of this web site or any part thereof.
The user shall not use this web site for 'spoofing', 'hacking', 'flaming', 'cracking', 'phishing' or 'spamming' or any other activity designed or aimed at achieving similar purposes.
 The user may not intercept any information transmitted to or from the owner.
This Agreement
Notwithstanding anything contained in ECTA, the user agree that:
These terms and conditions create a binding agreement between the user and owner even though these are wholly or partly in the form of a data message;
The agreement will be deemed as if it was concluded at the owner's physical address;
The date of this agreement will be the user's first access to the web site;
No electronic signature is required by either party for this agreement;
A data message sent by the user to the owner will be deemed to have been sent from the owner's physical address if the user do not have a physical address within the Republic of South Africa;
A data message sent by the owner to the user will be deemed to have been received by the user at the owner's physical address detailed in clause 10.1 below if the user do not have a physical address within the Republic of South Africa;
Communication sent to the user by an information system programmed to operate automatically on behalf of the owner will not be a data message attributable to the owner or authorised by the owner;
A data messages sent by the owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
The owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
A data message sent by the user to the owner will only be treated as having been received by the owner when an acknowledgement of receipt is sent by the owner;
This agreement will be governed by the laws of the Republic of South Africa;
The user consents to the jurisdiction of the South African courts for any dispute in respect of this agreement.
The user is familiar with the South African law relating to electronic communications and transactions as contained in ECTA and specifically the information that the user is entitled to in terms of section 43 of ECTA and the user’s consumer rights in terms of section 44 of ECTA.
A copy of the ECTA can be downloaded.
Subscriptions When making application to become a subscriber, users agree that:
they will be irrevocably bound by the terms and conditions applicable to the use of this web site;
they will provide full and accurate information;
it is the user's responsibility to check and update information pertaining to their user account;
on registration they will provide a username and password;
registration is for a single user and a subscriber's username and password cannot be shared with any other person;
a single username and password cannot be used to allow multiple access to other users over a network.
Subscribers and users further undertake not to;
impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or;
identity of any communications;
modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network ;
make available or upload files that contain software or any other material not owned or licensed to the subscriber;
make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
Publication on this Web Site by User When the user posts any content ('user content') on this web site, whether it be on a blog, chat room, discussion forum or bulletin board, he or she does so in terms of these terms and conditions.
The owner shall have the right to use any user content and re-publish such content entirely within the owner's discretion and for the owner's benefit;
Although the owner is unable to review all user content, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;
The owner accepts no responsibility for the protection of the user's privacy when the user posts user content on the web site;
User content may not be posted for commercial purposes of the user.
User content may not contain abusive, obscene, defamatory, pornographic or illegal material;
The right of the owner to withdraw the user's permission to post user content may be withdrawn at the owner's sole discretion.
General Provisions Notices to the owner must be addressed to Independent Online (Pty) Ltd - www.iol.co.za.
If a notice is given to the owner in anticipation of any legal action or application, it shall be by hand or registered post and addressed to IOL, 122 St George's Mall, Cape Town 8001.
The user may not cede, sub-license or otherwise transfer any rights the user may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
The owner is entitled to cede, assign or transfer any of the own's rights and obligations in these terms and conditions without the user's prior written consent and without notice to the user.
In the event of any part of these terms and conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this agreement.
These terms and conditions contain the whole agreement between the user and the owner and no amendment in favour of the user shall be valid unless agreed to in writing by the owner.
No indulgence granted by the owner to the user or neglect to enforce any right against the user shall be deemed as a waiver by the owner of any right it has in terms of this agreement.
