UTILISATION AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF “IN AFRICA NETWORK” AS SET OUT HEREIN.
1. TERMS AND CONDITIONS
1.2 The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. “Content/s” refers to and includes but is not limited to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.
1.3 We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
1.4 Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
2. CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS
2.1 InAfricaNetwork owns or is entitled to use all of the Content made available on our Platforms or through our Services.
2.2 You may not, unless with our written and/or consent:
2.2.1 reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
2.2.2 decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
2.2.3 incorporate the Content into any other content for whatever purpose;
2.2.4 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or
2.2.5 frame any portion of a web page that is part of our Platforms or Services.
2.3 You may retrieve, store, cite or refer to or print Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use only, as provided for under South African copyright law.
2.4 Use of Content in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1 does not copy or provide the whole article, as it appears on our Platforms or Services, but only provide a short summary of the contents of the article;
2.4.2 acknowledges us as the source of the Content;
2.4.3 provides a correct and working hyperlink to the source of the Content or article on our Platform;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our Platform; and
2.4.5 includes the date upon which the Content was sourced from our Platforms in the summary of the Content.
2.5 The caching of our Platforms shall only be allowed if:
2.5.1 the purpose of the caching is to make the onward transmission of the Content from our Platform 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 us.
2.6 You may quote small and reasonable amounts of Content available from our Platforms 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.
2.7 Apart from bona fide search engine operators and use of the search facility provided on our Platforms, you may not use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy Content from our Platforms for any purposes, without our prior written consent.
2.8 All licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving reasons therefore.
3. YOUR CONTENT
3.1 You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
3.2 InAfricaNetwork will own all compilations, collective works or derivative works created by us which may incorporate your Content.
3.3 You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
3.4 Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.
3.5 You agree to adhere to our User Rules when posting or transmitting any Content or material to our Platforms or Services.
4. THIRD PARTY CONTENT
4.1 Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).
4.2 You acknowledge that the Third Party Content:
4.2.1 is beyond the control of InAfricaNetwork and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
4.2.2 cannot be verified by InAfricaNetwork, and that InAfricaNetwork cannot be expected to determine its accuracy or reasonableness thereof; and
4.2.3 may contain representations, statements or information which does not represent the views, opinions or beliefs of InAfricaNetwork, its associates, directors or employees.
5.1 You agree that InAfricaNetwork or its affiliates may from time to time send you communications regarding new services or products launched or special offers or discounts which InAfricaNetwork may negotiate for and offer to its users or subscribers.
6. DISPUTE RESOLUTION
6.1 Any dispute between which arises in regard to any of the following shall be submitted to arbitration in terms of this clause 6.
6.2 The arbitration shall be held with only you and your representative and InAfricaNetwork or its affiliates and their representatives. The venue of the arbitration shall be in Johannesburg.
6.3 It is the intention that the arbitration shall, where possible, be held and concluded in 60 days after it has been demanded. We shall use our best endeavours to procure the expeditious completion of the arbitration.
6.4 The arbitration shall be subject to the arbitration legislation for the time being in force in South Africa.
6.5 The arbitrator shall be an impartial admitted commercial attorney or advocate whether practicing or non-practicing of not less than 10 years standing appointed by the parties or, failing agreement we will within 14 days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the Legal Practice Council. If that Society fails or refuses to make the nomination, you or us may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
6.6 A pre-arbitration meeting shall be held in the presence of the arbitrator in order to agree on the process to be followed and the service of pleadings and notices. In the absence of agreement the arbitrator shall make a ruling as to such service and time limits.
6.7 The parties shall keep the evidence in the arbitration proceedings and any other ruling made by any arbitrator confidential unless otherwise contemplated herein.
6.8 The arbitrator shall be obliged to give his award in writing fully supported by reasons.
6.9 The provisions of this clause are several from the rest of this agreement and shall remain in effect even if this agreement is terminated for any reason.
6.10 The arbitrator shall have the powers of a judge of the high court of South Africa.
6.11 The decision of the arbitrator shall be final and binding and may be made an award of the High Court.
6.12 This clause shall not mean or be deemed to mean or interpreted to mean that any of the parties shall be precluded from obtaining an interdict or urgent relief from a court of competent jurisdiction.
6.13 You must send any notice or legal process relating to the Terms to the following address: Hyde Park Lane Office Park, Office D1001, 1st Floor, Grosvenor Gate, Hyde Lane, Johannesburg, Gauteng Province, South Africa.
7. THIRD PARTY GOODS, SOFTWARE AND SERVICES
7.1 We may offer services or products of third parties, or our Services in conjunction with that of third parties.
7.2 We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
7.3 If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
7.4 When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that:
7.4.1 we are not a party to the contract between you and the third party;
7.4.2 we are under no obligation to monitor the third party service used by you;
7.4.3 the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
7.4.4 you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
8. USER IDS
8.1 Any username, password or other log-in allocated to you or created by you when subscribing to or using our Platforms or Services (“User ID”) will entitle you to access the Platforms or Services, subject to you complying with the Terms.
8.2 Your User ID is personal to you. You:
8.2.1 should keep your User ID confidential and not disclose it to any third party;
8.2.2 should inform us promptly if a third party gains access to your User ID;
8.2.3 are responsible for all payments, use of, or activity on our Platforms or Services under your User ID;
8.2.4 will not do multiple log-ins (log-in at any one point in time more than once using the same User ID);
8.2.5 will not circumvent our User ID authentication procedures or systems;
8.2.6 are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.
8.2.7 While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
8.2.8 You will also not retain any entitlements to your User ID once this agreement ends.
8.2.9 You will sign out from your account at the end of each session.
9. INAFRICANETWORK AVAILABILITY
9.1 Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10. SECURITY AND PRIVACY
10.1 We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.
10.2 You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
10.3 We take reasonable steps to secure your payment information. We use a payment system that is in our reasonably opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
11. DISCLAIMER AND EXCLUSION OF LIABILITY
11.1 You agree to access and make use of our Platforms and Services entirely at your own risk.
11.2 Our Platforms and Services and all its contents are provided on an “as is” basis. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
11.3 We make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. We do not warrant that our Services and Platforms functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.
11.4 InAfricaNetwork, its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the user, which arises directly or indirectly from reliance on Services or Platforms or its content.
11.5 Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms or Services and e-mails sent to our Platforms or Services are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
11.6 Information, ideas and opinions expressed on our Platforms or Services should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms or Services.
12. GENERAL TERMS AND CONDITIONS
12.1 These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
12.2 No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services.
12.3 InAfricaNetwork may transfer its rights and obligations under the Terms to a third party without your consent.
12.4 You may not transfer your rights and obligations under the Terms to a third party without the consent of InAfricaNetwork.
12.5 If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
12.6 All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
12.7 The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.
12.8 You agree that we may intercept or monitor all communications sent or posted by you to our Platforms, Services or our employees. You agree that the consent provided herein by you satisfies any “writing” requirement prescribed in law.