Terms & Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND legally enforceable against ALL PERSONS (USERS) USING THE HOUSEHOLD WEBSITES OR ANY PART THEREOF (THE HOUSEHOLD WEBSITES) UNDER ARTICLE 21 UNDER ARTICLE 21 UNDER ARTICLE 21
THOSE WHO ALWAYS USE THE HOUSEWORK ALSO, SUBJECT THEMSELVES AND AGREE TO THE TERMS, CONDITIONS, AND PRIVACY POLICY OF HOUSEHOLD AS SPECIFIED BELOW:
http://www.polity.org.za/pdf/ElectronicCommunications.pdf
DEFINITIONS AND INTERPRETATION
- Links to the YOU website or content include any part thereof;
- References to the user (s) refer to any person who visits the Home Member website, notwithstanding the fact that such a person only visited the home page of the Home Page website;
- References to the singular include the plural, and vice versa; and
- Except that links within these Terms and Conditions to copyright notices and legislation should be considered part of these Terms and Conditions under Section 11 of the ECT Act, the fact that some or all of these links may not be operational does not play a role in the validity and interpretation of these Terms and Conditions.
- GENERAL
- OU, South Africa’s leading Internet news service, provides the latest news from around the world, 24 hours a day. With an emphasis on South African and African news, YOU offers comprehensive English and Afrikaans coverage of general news, business news, sports news and other major areas of interest. Apart from high-quality news, YOU offers a range of additional interactive services.
- YOU content partnerships within Naspers include Beeld, Die Burger, Volksblad, Rapport, City Press, Finweek. Other information providers include The Natal Witness, Reuters, Associated Press, Sapa, ECNA and AFP (by Sapa), Pana and African Eye News Service. Agencies not affiliated with Media24 have their own terms and conditions, and users are bound by those terms and conditions if content on the YOU website originates from such agencies.
- APPROVED USE AND LICENSE
- YOU authorizes the user to view, copy, download and print the contents of the YOU website, subject to the following conditions:
- Such content may only be used for personal, educational and / or non-commercial purposes; and
- Any reproduction or copy of content from the YOU website includes the following copyright: © YOU 2003. ALL RIGHTS RESERVED.
- Content of the YOU web site may not be used or exploited for any commercial and non-private purposes, without the prior written consent of YOU.
- Users may only use and access the YOU website for legitimate purposes.
- The use of the YOU website’s content in electronic clipping services or personalized news services will only be allowed if such electronic services or personalized news services:
- Does not copy or present the entire article as it appears on the YOU website, and only provides a summary of the article’s content;
- YOU recognized as the source of the content;
- Provides a correct and working link to the source of the content or article on the YOU website;
- Authors, journalists, photographers and third-party agencies as recognized on the YOU website; and
- The date on which the content of the YOU website was used is included in the summary of the content.
- The caching of the YOU website will only be allowed if:
- The purpose of the storage is to make the further distribution of the YOU website content more effective;
- The stored content may not be modified in any way;
- The stored content must be updated at least every 12 (twelve) hours; and
- The stored content will be removed or updated if required by YOU.
- If any person uses content from the YOU website in a manner contrary to the terms set out herein:
- reserves the right to claim damages from such person; and
- YOU shall not be held liable, in any manner whatsoever, for any damage, loss or liability arising from such person or any third party’s use of such content.
- Hyperlinks to the YOU website from any other source will refer to the home page of the YOU website.YOU will not be held liable in any way for any damage, loss or liability arising from the use of YOU content, if access to such content is obtained through a hyperlink that does not link directly to the YOU website .Persons who wish to create links to content that does not appear on the home page of the YOU website do so at their own risk, but they undertake to indemnify YOU against any loss, liability or damage which may result from the use of content on the YOU website, if access to such content is obtained through a hyperlink that does not directly link to the home page of the YOU website.YOU is not liable for deep linking as deep links are not subject to these terms and conditions.
- Users may cite small and reasonable amounts of content available on YOU only under the following conditions: such quotation must be placed in quotation marks; the author must be recognized; and a hyperlink to the quoted content should be placed as a footnote to such a quote.
- No person may in any way frame the YOU website within another website without YOU’s prior written consent.
- Except for bona fide search engine operators and the use of the search facilities offered on the YOU website to users, no person may use or attempt to use any technology or applications, to search or copy content from the YOU website for any purpose, without the prior written consent of YOU.
- All licenses and / or permissions granted in terms of this clause2 are offered on a non-exclusive and non-transferable basis and may be terminated or canceled by YOU at any time without giving any reasons.
- YOU authorizes the user to view, copy, download and print the contents of the YOU website, subject to the following conditions:
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USED
- All intellectual property on the YOU website, including but not limited to: content, design elements, software, databases, text, graphics, icons and hyperlinks, is the property of or licensed to YOU, and as such it is protected against infringement by local and international law and agreements.
Subject to the rights licensed in clause 2, all other intellectual property rights on the YOU website are strictly reserved. - “YOU” is a registered trademark and users undertake not to use the YOU trademark or the “24” trademark as an element of a domain name or subdomain name, despite the fact that such a domain name may be used or the registration thereof may be permitted, in terms of trademark and / or constitutional laws.
If a user is asked to do so, he / she will immediately discontinue the use of such domain names and transfer it to Media24 Ltd, at the user’s expense.
- All intellectual property on the YOU website, including but not limited to: content, design elements, software, databases, text, graphics, icons and hyperlinks, is the property of or licensed to YOU, and as such it is protected against infringement by local and international law and agreements.
- 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 accounts required to access the Internet and the YOU website. - STATEMENTS REQUIRED BY SECTION 43 OF THE ACT
Access to the services and content available on the YOU website is classified as “electronic transactions” in terms of the ECT Act, so users have the rights detailed in Chapter 7 of the Act, and YOU is obliged to declare the following information:- The full name and legal status of the website owner: YOU, a division of Media24 Ltd, Reg. No. 1950/038385/06;
- Street Address: Naspers Center, 40 Heerengracht, Cape Town, 8000;
- Postal Address: PO Box 2271, Cape Town, 8000;
- Physical address for receiving legal services: YOU, 14th floor, Naspers Center, Heerengracht, Cape Town, 8000;
- Core business: YOU and Media24 Ltd’s core business is the provision of news content, educational content and entertainment content;
- The addresses of the YOU website are: www.YOU.com and YOU.co.za;
- Membership of self-regulatory or accreditation entities: YOU is a member of the Online Publishers Association (OPA) and adheres to the standards set by the Advertising Standards Authority (ASO);
- YOU’s codes of conduct: YOU’s editorial policy is consistent with the practices set out in the Republic of South Africa’s Constitution.
- The manual of the owner of the YOU website prepared in accordance with section 51 of the Promotion of Access to Information Act (Act 2 of 2000) can be downloaded at: http://www.naspers.com/pdfs/ access_eng.pdf;
- Management: The identities and contact details of the YOU management team are available at http://www.YOU.com;
- Media24 Ltd’s management information is available at: http://www.media24.co.za/;
- Cost: Access to the content of the YOU website is free for any person who abides by these terms and conditions. Access to some pages on the YOU website may be restricted to persons who have registered through the “I want to subscribe” function and / or persons who are subscribers to Beeld, Die Burger or Volksblad. Notwithstanding the foregoing, YOU may, in the future, charge fees to access the YOU website;
- Alternative dispute resolution: Subject to urgent and / or interim relief, all disputes relating to:
- Access to the YOU website;
- Problems accessing the YOU website;
- The services and content available on the YOU website; or
- These Terms and Conditions,
will be referred to arbitration in terms of the accelerated processes of the Arbitration Foundation of South Africa, and such arbitration proceedings will take place in Cape Town, in English. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on a scale such as that between attorney and own client. The rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
- Cool-down period: As far as practicable, users have the right to return services offered by the YOU website within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
- Users may submit complaints regarding the YOU website to YOU, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.
- CHANGES AND ADDITIONS
YOU reserves the right, at its sole and absolute discretion, to do any of the following, at any time, without prior notice:- To change these Terms and Conditions;
- to change the content and / or services available on the YOU website;
- Cancel any aspect of the YOU website or service (s) available on the YOU website and / or
- change the software and hardware required for access to and use of the YOU website;
- PRIVAATHEID
- YOU will take all responsible steps to protect users’ personal information. For the purpose of this clause, “personal information” will be defined as set out in the Promotion of Access to Information Act (Act 2 of 2000) (PAIA). The WTI can be downloaded at http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
- YOU may collect, store and use the following personal information from users electronically:
- Name and surname;
- Date of birth;
- Gender;
- Residential land
- Nearest town;
- Non-personalized click habits and click patterns;
- Email Address; and
- .IP Address.
- YOU collects, stores and uses the above information for the following purposes:
- To greet the user when he / she visits the YOU website;
- Subject to the user’s consent, to inform the user of facts related to his / her access to and use of the YOU website;
- Subject to the user’s consent, to inform the user of competitions and special offers from YOU and / or its affiliates;
- To provide the User with targeted marketing when he / she visits the YOU website or the website of YOU’s related partners;
- To compile non-personal statistical information regarding reading habits, click patterns and access to the YOU website.
- The information set out above is collected electronically through the use of cookies or is voluntarily provided by the user. Users may determine cookie usage independently through their browser settings.
- The User may choose not to receive communications from YOU and / or its related parties.
- YOU may collect, maintain, save, compile, share, disclose and sell any information of the user, subject to the following conditions:
- YOU will not disclose users’ personal information without the user’s consent;
- YOU will only disclose information according to legal requirements without the user’s consent; and
- YOU may compile, use and share any information not related to one specific individual.
- YOU owns and retains all rights to non-personal statistical information collected and compiled by YOU.
- HIPER LINKS TO THIRD PARTY WEBSITES
YOU may provide hyperlinks to websites that are not controlled by YOU or Media24 Ltd (target websites), and such links do not imply any endorsement or support or recommendation of the content on such target websites. YOU does not have editorial control over the content on such target websites, and will not be held liable in any way for accessing, or having difficulty accessing available content on such target websites. - SEKURITEIT
- YOU will take all reasonable steps to protect the contents of the YOU Website as well as the information collected about users and offered by them, against unauthorized access and / or disclosure. But YOU do not guarantee or imply that the content will be 100% safe and reliable.
- YOU is under no legal obligation to secure content or communications from and to the YOU Web Site by using encryption, nor is it under any legal obligation to provide digital verification of any page on the YOU Web Site.
- Users may not, whether intentionally or through negligence, post any malicious code, such as computer viruses, on the YOU website or the server and computer network that supports the YOU website. Except for criminal prosecution, any person who posts any malicious code on the YOU website, whether intentionally or through negligence, without indemnification for YOU shall indemnify and waive any and all liability, damages and losses that YOU and its affiliates may suffer as a result of such malicious code.
- Any user who commits any of the offenses set out in sections 85 to 88 of the ECT Act will, despite criminal pursuit, be held liable for the consequential liability, loss or damage suffered and / or incurred by YOU and its affiliates. The ECT Act can be downloaded from:
http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
- DISCLAIMER AND LIMITATIONS OF LIABILITY
- Subject to the stipulations in sections 43 (5) and 43 (6) of the ECT Act, if applicable and to the extent permitted by law, YOU (including its owners, employees, suppliers, network technicians, agents and affiliates) parties) shall not be held liable for any damage, loss or liability whatsoever whatsoever, suffered by anyone and as a result of:
- Access to the YOU website;
- Access to websites linked to the YOU website;
- Problems accessing the YOU website;
- accessing websites linked to the YOU website;
- Content available on the YOU website;
- Services available on the YOU website;
- Any other reason not directly related to YOU’s outrageous negligence.
- The YOU website is offered on a “pedestrian” 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 YOU, that the content and services available from and through the YOU website meet the user’s individual requirements and that it is compatible with the user’s computer hardware and / or software.
- Information, ideas and opinions posted on the YOU website may not be regarded as the professional advice or official opinion of YOU, and users are advised to seek professional advice before taking any steps related to the information, ideas or opinions expressed on the YOU website.
- This Website is primarily aimed at users in the Republic of South Africa and, therefore, as far as South African law allows, YOU will not be liable for any infringement, defamation, privacy or copyright infringement, in whatever format , outside the borders of the Republic of South Africa.
- he source of YOU’s content is several third parties, for example newspapers, news agencies and freelance journalists, and YOU does not exercise editorial control over the content provided by such parties. YOU only serves as an electronic distribution platform for such third-party content. Therefore, YOU is not liable, in any manner whatsoever, for any name, privacy, copyright or copyright infringement of the content on the YOU website that was not created by YOU or its employees.
- YOU DOES NOT MAKE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS THAT ALL CONTENT AND SERVICES AVAILABLE ON THE YOU’S WEBSITE WILL BE TRUE, CORRECT AND ERROR-FREE IN ALL CASES. YOU will take all reasonable steps to ensure the quality and accuracy of the content on YOU.
- YOU does not make any guarantees or representations that the YOU website will be available at all times. Users acknowledge that the YOU website may not be available as a result of updates or other reasons beyond the reasonable control of YOU, including but not limited to virus infection, power failure or other natural forces or disasters.
- Subject to the stipulations in sections 43 (5) and 43 (6) of the ECT Act, if applicable and to the extent permitted by law, YOU (including its owners, employees, suppliers, network technicians, agents and affiliates) parties) shall not be held liable for any damage, loss or liability whatsoever whatsoever, suffered by anyone and as a result of:
- REMOVAL AND CORRECTION OF CONTENTS
Users are encouraged to report false, inaccurate, defamatory, illegal, infringing and / or any other harmful content available on the YOU website, and YOU undertakes to correct and / or correct such content or any part thereof. remove, if the person reporting such content provides reasonable grounds to prove the alleged nature of the content. - CONTRIBUTIONS
These Terms and Conditions of Use are the agreement between YOU ™ and you, the user of this website, as a whole. Any failure by HOUSEHOLD ™ to exercise or enforce any right or admission in these Terms and Conditions of Use shall under no circumstances constitute a waiver of such right or provision.- Users may contribute their personal opinions, messages and ideas to the YOU website and discussion forums available on the YOU website.
- Users undertake not to contribute content to the YOU website that is illegal, defamatory, infringing, harassing or obscene, includes commercial or personal marketing, blasphemy, false, inaccurate or harmful, and YOU reserves the right to edit such content in terms of clause 11 above.
- YOU does not filter or exercise editorial control over users ‘contributions and will not be held liable, in any way whatsoever, for users’ contributions.
- The User does not indemnify and hold YOU liable in respect of any liability, claim, damage or loss that may result from the user’s contribution (s) on the YOU website.
- INTERVIEW OF COMMUNICATION
- Subject to the provisions of the Communications Interception Regulation (RIC) Act 70 of 2002, the user consents to YOU’s right to transmit or contribute all communications sent by the user to the YOU website, its staff or its employees, intercept, stop, filter, read, delete, expose and use. The RIC Act can be downloaded from:
http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf - Subject to the provisions of the ECT Act, the user agrees and acknowledges that the consent provided by the user in clause 31.1 meets the “written” requirement.
- Subject to the provisions of the Communications Interception Regulation (RIC) Act 70 of 2002, the user consents to YOU’s right to transmit or contribute all communications sent by the user to the YOU website, its staff or its employees, intercept, stop, filter, read, delete, expose and use. The RIC Act can be downloaded from:
- GENERAL AGREEMENT AND Separability
- These Terms and Conditions of Use constitute the agreement between YOU and the user as a whole, and it will take precedence over any disclaimer and / or legal notices attached to any communication or contributions received from YOU by the user.
- Should YOU fail to exercise or enforce any right or provision, it will not under any circumstances constitute a waiver of such right or provision.
- If any provision or condition set forth herein is found to be unenforceable or invalid, that provision (s) or condition (s) shall be separable from the remainder of these terms and conditions. The terms and conditions that remain remain enforceable and applicable.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ACT
The user and YOU agree that:- The User will be bound by these terms and conditions, and this agreement is concluded in Cape Town at the time when the user first accesses the YOU website or immediately after the user has given consent as required during the “Sign me in” process;
- Data messages (as defined in the ECT Act) from the user addressed to YOU will only be considered received by YOU if YOU respond;
- Data messages (as defined in the ECT Act) addressed to the user by YOU will be regarded as received by the user as set out in section 23 (b) of the ECT Act;
- Data messages (as defined in the ECT Act) from the user addressed to YOU will be deemed created and sent by the user from within the geographical boundaries of South Africa;
- Electronic signatures, encryption and / or authentication are not required for valid electronic communication between the user and YOU; and
- he User agrees and warrants that the data messages sent to News 24 from a computer, IP address or mobile device used or owned by the User are personally sent and / or approved by the User.
- APPLICABLE AND RULING LAWS
The YOU website is operated, controlled and operated from the Republic of South Africa and as such is subject to South African law, applied by the South African courts, and determines the use or problems with the use of the YOU website, its content, services and these terms and conditions. - LEGAL COSTS
YOU will not be held liable for costs incurred by the user to receive professional advice in connection with these terms and conditions.
© YOU. These terms and conditions may not be used or reproduced without the prior consent of Media24 Ltd