MEDIA24 - ARCHIVE
Web Site Terms & Conditions
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://152.111.11.6/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.
1.
GENERAL
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;
·
Beeld: http://www.media24.com/eng/newspapers/beeld.html;
·
Volksblad: http://www.media24.com/eng/newspapers/volksblad.html;
·
Rapport: http://www.media24.com/eng/newspapers/rapport.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.
ALLOWED
USE AND LICENSE
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
2.2.9
News24: http://www.news24.com/News24v2/ContentDisplay/genericFrame/0,,disclaimer,00.html.
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.
INTELLECTUAL
PROPERTY RIGHTS AND DOMAIN NAME USE
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.
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 access accounts to access the Internet
and the Media24 Archive web site and/or download content from this web site.
5.
DISCLOSURES
REQUIRED BY SECTION 43 OF THE ECT ACT
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://152.111.11.6/index.html;
5.7
The official e-mail address of the Media24 Archive web site is: argief@media24.com;
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 argief@media24.com.
6.
CHANGES
AND AMENDMENTS
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.
PRIVACY
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.
HYPERLINKS
TO THIRD PARTY SITES
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.
SECURITY
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.
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, 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”.
11.
REMOVAL
AND CORRECTION OF CONTENT
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.
INTERCEPTION
OF COMMUNICATIONS
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.
ENTIRE
AGREEMENT AND SEVERABILITY
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.
14.
AGREEMENT
IN TERMS OF SECTION 21 OF THE ECT ACT
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.
15.
APPLICABLE
AND GOVERNING LAW
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.
16.
LEGAL
COSTS
Media24
shall not be liable for costs incurred by Users to obtain professional advice
relating to these terms and conditions.