| Web
Site Terms & Conditions |
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THESE TERMS AND CONDITION ARE
BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE NEWS24
WEB SITE OR ANY PART THEREOF (THE NEWS24 WEB SITE) 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 NEWS24 WEB SITE 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
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DEFINITIONS AND INTERPRETATION |
| a. |
References herein to the News24 web site or
content shall include any part thereof; |
| b. |
References herein to User(s) means any person
who access the News24 web site, notwithstanding the fact that such
a person only visited the home page of the News24 web site; |
| 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. |
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| 1. |
GENERAL |
| 1.1 |
News24, South Africa's leading online news
service, provides groundbreaking news from around the world around
the clock. With an emphasis on South African and African news, News24
provides comprehensive English and Afrikaans coverage of general news,
business, sport and other major interest areas. In addition to high-quality
news, News24 provides a range of additional interactive services. |
| 1.2 |
News24 content partners within Naspers include
Beeld, Die Burger, Volksblad, Rapport, City Press, Finansies &
Tegniek and Finance Week. Other information providers are The Natal
Witness, Reuters, Associated Press, Sapa, ECNA and AFP (through Sapa),
Pana and African Eye News Service. Agencies not affiliated to Media24
Ltd and News24 have their own terms and conditions of use and Users
are bound to those terms and conditions as far as content on the News24
web site originates from such agencies. |
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| 2. |
ALLOWED USE AND LICENSE |
| 2.1. |
News24 licenses the User to view,
copy, download and print the content of the News24 web site, provided
that: |
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2.1.1 |
such content is used for personal, educational
and/or non-commercial purposes only; and |
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2.1.2 |
any reproduction of content from the News24
web site includes the following copyright notice: © News24 2003.
ALL RIGHTS RESERVED. |
| 2.2 |
Content from the News24 web site
shall not be used or exploited for any commercial and non-private
purposes without the prior written consent of News24. |
| 2.3 |
Users may only access and use the
News24 web site for legal purposes. |
| 2.4 |
Use of content from the News24
web site in electronic clipping services or personalised news services
shall only be allowed if such electronic clipping service or personalised
news service: |
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2.4.1 |
does not copy or provide the whole article,
as it appears on the News24 web site, but only provide a short summary
of the contents of the article; |
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2.4.2 |
acknowledges News24 as the source of the content; |
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2.4.3 |
provides a correct and working hyperlink to
the source of the content or article on the News24 web site; |
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2.4.4 |
acknowledges writers, journalists, photographers
and third party agencies as they are acknowledged on the News24 web
site; and |
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2.4.5 |
includes the date upon which the content was
sourced from the News24 web site in the summary of the content. |
| 2.5 |
The caching of the
News24 web site shall only be allowed if : |
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2.5.1 |
The purpose of the caching is to make the onward
transmission of the content from the News24 web site more efficient; |
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2.5.2 |
The cached content is not modified in any manner
whatsoever; |
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2.5.3 |
The cached content is updated at least every
12 (twelve) hours; and |
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2.5.4 |
The cached content is removed or updated when
so required by News24. |
| 2.6 |
If any person uses
content from the News24 web site in breach of the provisions detailed
herein: |
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2.6.1 |
News24 reserves the right to claim damages
from such person; and |
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2.6.2 |
News24 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
News24 web site from any other source shall be directed at the home
page of the News24 web site. News24 shall not be liable, in any manner
whatsoever, for any damage, loss or liability that resulted from the
use of content from the News24 web site, if such content was accessed
through a hyperlink not directed at the home page of the News24 web
site. Persons that wish to link to content beyond the home page of
the News24 web site shall do so at their own risk and undertake to
indemnify News24 against any loss, liability or damage that may result
from content on the News24 web site, if such content was accessed
through a hyperlink not directed at the home page of the News24 web
site.
News24’s non-liability for deep linking is based on the fact
that deep links bypass these terms and conditions.
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| 2.8 |
Users may quote small
and reasonable amounts of content available from the News24 web site
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 News24 web site, in any manner, without the prior written consent
of News24. |
| 2.10 |
Apart from bona-fide
search engine operators and use of the search facility provided on
the News24 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 News24 web site for any purposes,
without the prior written consent of News24. |
| 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 News24
at any time without giving reasons therefore. |
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| 3. |
INTELLECTUAL PROPERTY RIGHTS AND DOMAIN
NAME USE |
| 3.1 |
All intellectual property on the News24 web
site, including but not limited to content, design elements, software,
databases, text, graphics, icons and hyperlinks are the property of
or licensed to News24 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 News24 web site are expressly reserved. |
| 3.2 |
“News24” is a registered trademark
and Users agree not to use the News24 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. |
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| 4. |
SOFTWARE AND EQUIPMENT |
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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
News24 web site. |
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| 5. |
DISCLOSURES REQUIRED BY SECTION
43 OF THE ECT ACT |
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Access to the services and content
available from the News24 web site 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 News24 has the duty
to disclose the following information: |
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5.1 |
The full name and legal status
of the web site owner: News24, a division of Media24 Ltd, Reg. No.
1950/038385/06; |
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5.2 |
Street address: Naspers Centre,
Heerengracht 40, Cape Town, 8000; |
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5.3 |
Postal address: PO Box 2271, Cape
Town, 8000; |
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5.4 |
Physical address for receipt of
legal service: News24, 14th floor, Naspers Centre, 40 Heerengracht,
Cape Town, 8000; |
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5.5 |
Main business: The main business
of News24 and Media24 Ltd is the provision of news, education and
entertainment content; |
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5.6 |
The web site addresses of the News24
web site are: www.news24.com and
www.news24.co.za; |
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5.7 |
Membership
of self-regulatory or accreditation bodies: News24 is a member of the
Online Publishers Association (OPA) and subscribes to the standards as
set out by Advertising Standards Authority;
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5.8 |
Codes of conduct to which the News24 web site subscribes: News24's
editorial policy is aligned to practises of the constitution of the
Republic of South Africa; |
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5.9 |
The Manual published in terms of
section 51 of the Promotion of Access to Information Act 2 of 2000
of the owner of the News24 web site may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf; |
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5.10 |
Management: The identities and
contact details of the News24 management team are available from:
http://www.news24.com; |
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5.11 |
Management information of Media24
Ltd is available from:
http://www.media24.co.za/;
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5.12 |
Costs: Access to content on the
News24 web site is free to any person who subscribes to these terms
and conditions. Access to some pages on the News24 web site may be
restricted to persons who registered through the “Sigh me in”
function and/or persons who are subscribers to Beeld, Die Burger or
Volksblad. Notwithstanding the aforegoing, News24 may, in future,
charge fees for access to the News24 web site; |
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5.13 |
Alternative dispute resolution:
Subject to urgent and/or interim relief, all disputes regarding: |
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5.13.1 |
access to the News24 web site; |
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5.13.2 |
the inability to access the News24 web site; |
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5.13.3 |
the services and content available from the
News24 web site; or |
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5.13.4 |
these terms and conditions, |
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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 Cape
Town 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.arbitration.co.za; |
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5.14 |
Cooling-off period: As far as practically
possible, Users have the right to return services provided from the
News24 web site within 7 (seven) days if such goods or services are
not listed in section 42 of the ECT Act; and |
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5.15 |
User may lodge complaints concerning
the News24 web site with News24, Media24 Ltd, the Advertising Standards
Authority or the Consumer Affairs Committee. |
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| 6. |
CHANGES AND AMENDMENTS |
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News24 expressly reserves the right,
in its sole and absolute discretion, to do any of the following, at
any time without prior notice: |
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6.1 |
change these terms and conditions; |
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6.2 |
change the content and/or services
available from the News24 web site; |
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6.3 |
discontinue any aspect of the News24
web site or service(s) available from the News24 web site; and/or |
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6.4 |
change the software and hardware
required to access and use the News24 web site. |
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| 7. |
PRIVACY |
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7.1 |
News24 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
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7.2 |
News24 may electronically collect,
store and use the following personal information of Users: |
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7.2.1 |
name and surname; |
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birth date; |
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7.2.3 |
gender; |
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7.2.4 |
country of residence; |
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7.2.5 |
closest city; |
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7.2.6 |
non-personal browsing habits and
click patterns; |
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7.2.7 |
e-mail address; and |
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7.2.8 |
IP address. |
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7.3 |
News24 collects, stores and uses
the abovementioned information for the following purposes: |
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7.3.1 |
to greet the User when he/she accesses
the News24 web site; |
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7.3.2 |
subject to the User’s consent,
inform the User of facts relating to his/her access and use of the
News24 web site; |
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7.3.3 |
subject to the User’s consent,
inform the User about competitions and special offers from News24
and/or its partners / affiliates; |
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7.3.4 |
to provide the User with targeted
advertising when he/she accesses the News24 web site or the web sites
of News24 partners / affiliates; and |
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7.3.5 |
to compile non-personal statistical
information about browsing habits, click-patterns and access to the
News24 web site. |
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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. |
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7.5 |
The User may elect not to receive
any communications from News24 and/or its partners / affiliates. |
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7.6 |
News24 may collect, maintain, save,
compile, share, disclose and sell any information collected from users,
subject to the following provisions: |
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7.6.1 |
News24 shall not disclose personal
information from Users unless the User consents thereto; |
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7.6.2 |
News24 shall disclose information
without the User’s consent only through due legal process; and |
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7.6.3 |
News24 may compile, use and share
any information that does not relate to any specific individual. |
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7.7 |
News24 owns and retains all rights
to non-personal statistical information collected and compiled by
News24. |
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| 8. |
HYPERLINKS TO THIRD PARTY SITES
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News24 may provide hyperlinks to web sites not
controlled by News24 or Media 24 Ltd (target sites) and such links
do not imply any endorsement, agreement on or support for the content
of such target sites. News24 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. |
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| 9. |
SECURITY |
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9.1 |
News24 shall take all reasonable
steps to secure the content of the News24 web site and the information
provided by and collected from Users from unauthorised access and/or
disclosure. However, News24 does not make any warranties or representations
that content shall be 100% safe and secure. |
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9.2 |
News24 is under no legal duty to encrypt any
content or communications from and to the News24 web site and is also
under no legal duty to provide digital authentication of any page
on the News24 web site. |
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9.3 |
Users may not deliver or attempt to deliver,
whether on purpose or negligently, any damaging code, such as computer
viruses, to the News24 web site or the server and computer network
that support the News24 web site. Notwithstanding criminal prosecution,
any person who delivers any damaging code to the News24 web site,
whether on purpose or negligently, shall, without any limitation,
indemnify and hold News24 harmless against any and all liability,
damages and losses News24 and its partners / affiliates may suffer
as a result of such damaging code. |
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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 News24 and its partners / affiliates.
The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf |
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| 10. |
DISCLAIMER AND LIMITATION
OF LIABILITY |
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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, News24 (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: |
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10.1.1 |
access to the News24 web site; |
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10.1.2 |
access to web sites linked to the News24 web
site; |
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10.1.3 |
inability to access the News24 web site; |
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10.1.4 |
inability to access web sites linked to the
News24 web site; |
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10.1.5 |
content available on the News24 web site; |
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10.1.6 |
services available from the News24 web site; |
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10.1.7 |
any other reason not directly related to News24’s
gross negligence. |
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10.2 |
The News24 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 News24, that the content and services available from and through
the News24 web site meet the User's individual requirements and is
compatible with the User's computer hardware and/or software. |
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10.3 |
Information, ideas and opinions
expressed on the News24 web site should not be regarded as professional
advice or the official opinion of News24 and Users are encouraged
to consult professional advice before taking any course of action
related to the information, ideas or opinions expressed on the News24
web site.
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10.4 |
This web site is directed primarily
at Users in the Republic of South Africa and therefor News24 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. |
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10.5 |
News24 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 News24 only serves as an electronic distribution platform
for such third party content. Therefore News24 shall not be liable,
in any manner whatsoever for defamation, privacy infringement, personality
infringement or copyright infringement related to content on the News24
web site not created by News24 or its employees. |
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10.6 |
News24 does not make any warranties
or representation that content and services available from the News24
web site will in all cases be true, correct or free from any errors.
News24 shall take all reasonable steps to ensure the quality and accuracy
of content available from the News24 web site. |
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10.7 |
News24 does not make any warranties
or representations that the News24 web site will be available at all
times. Users acknowledge that the News24 web site may be unavailable
due to updates or other causes beyond the reasonable control of News24,
including, but not limited to virus infection, power failure or other
“acts of God”. |
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| 11. |
REMOVAL AND CORRECTION OF CONTENT |
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Users are encouraged to report untrue, inaccurate,
defamatory, illegal, infringing and/or harmful content available from
the News24 web site to News24 and News24 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. |
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| 12. |
POSTINGS |
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These Terms and Conditions of Use
constitute the entire agreement between NEWS24™ and you, the
user of this website. Any failure by NEWS24™ 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. |
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12.1 |
Users may post their personal opinions,
messages and ideas to the News24 web site and discussion forums available
on the News24 web site. |
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12.2 |
Users undertake not to post content
to the News24 web site that may be illegal, defamatory, infringing,
harassing, obscene, commercial advertising, personal marketing, profane,
untrue, incorrect or harmful and News24 reserves the right to remove
such content in terms of clause 11 above. |
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12.3 |
News24 does not editorially control,
filter or read User postings and shall not be liable, in any manner
whatsoever, for such User postings. |
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12.4 |
The User indemnifies and holds
News24 harmless against any liability, claim, damage or loss that
may result from the User’s posting(s) to the News24 web site. |
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| 13 |
. INTERCEPTION OF COMMUNICATIONS |
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13.1 |
Subject to the provisions of the Regulation
of Interception of Communications (RIC) Act 70 of 2002, the User agrees
to News24’s right to intercept, block, filter, read, delete,
disclose and use all communications send or posted by the User to
the News24 web site or its staff and employees. The RIC Act may be
downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
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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. |
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| 14. |
. ENTIRE AGREEMENT AND SEVERABILITY |
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14.1 |
These terms and conditions constitute the entire
agreement between News24 and the User and shall take precedent over
any disclaimers and/or legal notices attached to any communications
and/or postings received by News24 from the User. |
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14.2 |
Any failure by News24 to exercise or enforce
any right or provision shall in no way constitute a waiver of such
right or provision. |
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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.
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| 15. |
AGREEMENT IN TERMS OF SECTION
21 OF THE ECT ACT |
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The User and News24 agree that: |
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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 News24 web site for the first time or immediately after
the User indicated consent as required during the “Sign me in”
process; |
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15.2 |
data messages (as defined in the ECT Act) addressed
by the User to News24 shall only be deemed to have been received by
News24 if News24 responds thereto; |
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15.3 |
data messages (as defined in the ECT Act) addressed
to the User by News24 shall be deemed to be received by the User as
detailed in section 23(b) of the ECT Act; |
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15.4 |
data messages (as defined in the ECT Act) addressed
by the User to News24 shall be deemed to have been created and send
by the User from within the geographical boundaries of South Africa; |
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15.5 |
electronic signatures, encryption and/or authentication
is not required for valid electronic communications between the User
and News24; and |
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15.6 |
the User agrees and warrants that data messages
that are sent to News24 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. |
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| 16. |
APPLICABLE AND GOVERNING LAW |
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The News24 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 News24 web site, its content, services
and these terms and conditions. |
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| 17. |
LEGAL COSTS |
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News24 shall not be liable for costs incurred
by Users to obtain professional advice relating to these terms and
conditions. |
© 24.com. These terms and conditions may not be
used or reproduced without the prior consent of Media24 Ltd
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