Terms and conditions
(The “Sites”)
Brought to you by: Highbury Media
1. SUBMISSION OF CONTENT AND USE OF THE SITES
1.1 You agree to use the Sites for lawful purposes only. Without derogating the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Sites, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
1.2.2 any content that constitutes an invasion of privacy; or
1.2.3 any content that is an infringement of any intellectual property right; or
1.2.4 any content that contains software viruses; or
1.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”
1.3 Although Highbury Media does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Sites that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Highbury Media may immediately terminate and/or suspend your access to all or parts of the Sites, without any further notice to you.
1.4 You warrant that:
1.4.1 you own or otherwise control all rights to the content that you may submit to the Sites;
1.4.2 that any use of such content will not cause injury or harm to any person or entity; and
1.4.3 you will indemnify Highbury Media or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
1.5 By submitting reviews, comments and/or any other content (other than your personal details) to Highbury Media for posting on the Sites, you automatically grant Highbury Media and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
1.6 The following activity on or through the Sites is expressly prohibited:
1.6.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Sites, or the content contained therein, without the prior written authority of Highbury Media; and
1.6.2 The collection or use of any listings, descriptions, or price lists from the Sites, for the benefit of a competing merchant that supplies products comparable to those offered on the Sites; and
1.6.3 Any use or action that imposes an unreasonable or disproportionately large load of traffic on the Sites, or otherwise interferes with its proper and timely functioning; and
1.6.4 incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Sites in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Sites may be used to communicate unsolicited communications to Highbury Media and all rights detailed in Section 45 of the ECT Act are reserved.
1.7 You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Sites, and you accept full liability for all activities that occur under your User Name.
1.8 Some of the services offered on the Sites, specifically those relating to subscribing to any of Highbury Media’s magazines, are only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.
1.9 From time to time Highbury Media will run competitions, free prize draws, and promotions on the Sites. These competitions, free prize draws, and promotions are subject to additional terms that will be made available at the time
2. THE USE OF THIRD PARTY CONTENT
2.1 Highbury Media hosts information, pricing, opinions and other content supplied by third parties (“Third Party Content”) on the Sites. Highbury Media has no editorial control over such content.
2.2 Opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective User and not of Highbury Media, its affiliates or any of their directors, officers, employees or agents. Highbury Media, its affiliates, or any of their directors, officers, employees, agents, do not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as is.
2.3 It is your responsibility to evaluate Third Party Content available on and through the Sites. Highbury Media and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Sites. Before making any decision or placing any reliance on Third Party Content provided on or through the Sites, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Sites
2.4 Highbury Media does not review (nor is it under any obligation to do so) or control any third-party web sites that link to or from the Sites. Highbury Media is not responsible for the content of any Third Party sites linked to or from the Sites.
2.5 If you believe that your work has been copied and is accessible on any Sites in a way that constitutes copyright infringement, or that the Sites contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Highbury Media.
3. PURCHASES OF MAGAZINE SUBSCRIPTIONS
3.1 The price and potential availability for each listing on the Sites is listed on that particular item’s page.
3.2 Highbury Media will not be responsible for any incorrect pricing due to typographical errors or errors in pricing.
3.3 You acknowledge and agree that the provisions of Section 44 of the ECT Act do not apply to the sale of newspapers, periodicals, magazines and books as contemplated by Section 42(h) of the ECT Act. Accordingly, you are not entitled to cancel without reason and without penalty any transaction and any related credit agreement relating to your Highbury Media magazine subscription/s purchased by means of the Sites.
3.4 Highbury Media does not provide a warranty of any kind, whether expressly or implied as to the ware of the magazines advertised, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to Highbury Media.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on this web sites, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Highbury Media or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on these Sites is the exclusive property of Highbury Media and is protected by South Africa and international copyright laws.
4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Highbury Media or the copyright owner.
4.3 You are expressly prohibited to “mirror” any content, contained on the Sites, on any other server unless with the prior written permission of Highbury Media.
4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Highbury Media, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Highbury Media logo or other proprietary graphic or trademark as part of the link without the express permission of Highbury Media, its affiliates or content suppliers.
4.5 All trademarks are the exclusive property of Highbury Media.
4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
5. LIMITED LIABILITY
5.1 The information, content, services, products and materials published on the Sites, including without limitation, text, graphics and links are provided on an “as is” basis. Highbury Media makes no representations or warranties of any kind, express or implied, as to the operation of the Sites or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Sites. Without limiting the generality of the aforegoing:
5.1.1 Highbury Media does not warrant that the sites, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
5.1.2 Whilst Caxton has taken reasonable measures to ensure the integrity of the Sites and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Sites are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
5.2 To the full extent permissible by applicable law, Highbury Media disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Highbury Media will not be liable for any damages of any kind arising from the use of Highbury Media sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. PRIVACY
6.1 Highbury Media respects privacy of its Users. Highbury Media will 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). Without limiting the aforegoing :
6.1.1 Highbury Media is dedicated to maintain the privacy of its online visitors and users. On this sites, Highbury Media does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
6.1.2 Any information collected is used solely by Highbury Media and its business partners who are involved in the operation of these sites for internal purposes or are required to process personal data in the provision of services to Highbury Media. Highbury Media’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
6.1.3 Under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its subscribers Highbury Media will comply with any such legally binding request.
6.2 Highbury Media processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer. Highbury Media may from time to time use your contact information to tell you about news or events provided by Highbury Media or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Highbury Media or at any time afterwards. Highbury Media may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
6.3 Highbury Media may electronically collect, store and use the following personal information of Users:
i. title, name and surname;
ii. street address;
iii. postal address;
iv. contact numbers;
v. non-personal browsing habits and click patterns;
vi. e-mail address; and / or IP addresses.
6.4 Highbury Media collects, stores and uses the abovementioned information for the following purposes:
i. to communicate requested information to the User;
ii. to provide services to the User as requested by the User;
iii. to authenticate the User;
iv. to provide the User with access to restricted pages on this website; and/or
v. to compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.
6.5 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. JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with these Sites.
8. TERMINATION
8.1 Highbury Media may terminate your account at any time for any reason, including any improper use of this sites or your failure to comply with these terms and conditions.
8.2 Such termination shall not effect any right to relief to which Highbury Media may be entitled.
8.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Highbury Media.
9. OTHER PROVISIONS
9.1 In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
9.2 These Terms and Conditions, including any documents referenced herein, represents the entire agreement between you and Highbury Media regarding your relationship with Highbury Media and use of the Sites and supersedes any prior statements or representations.
9.3 Highbury Media may at any time modify these Terms and Conditions and your continued use of these Sites will be conditioned upon the Terms and Conditions in force at the time of your use.
