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Disclaimers

I. GENERAL TERMS AND CONDITIONS OF USE OF GROUP EDITORS WEBSITES

1. INTRODUCTION

1.1 These are the general terms and conditions (“terms and conditions”) of use of the websites conducted by Group Editors Co (Pty) Ltd, a company incorporated in accordance with the laws of South Africa under registration number 1947/026616/06, all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents (“Group Editors”). These terms and conditions apply to all our websites, and any other entities and/or websites in which Group Editors holds an interest, and to which these terms and conditions have been extended.

1.2 Please read the following terms and conditions very carefully, as your use of this website (the “Site”), and all other websites belonging to Group Editors, is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both –

1.2.1 third party users of the Site, which may advertise, publish or otherwise submit content onto the Site; and

1.2.2 users, who may browse the contents of the Site and the third party content displayed thereon, or either party, as the context may indicate.

1.3 These terms and conditions are to be read with Group Editors Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published by Group Editors from time to time and/or published on the Site (all of which are included in the definition of “terms and conditions”). By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.

1.4 Further to the aforementioned, Group Editors may, in its sole and absolute discretion, amend these terms and conditions from time to time.

1.5 Reference to Group Editors in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

2. SUBMISSION OF CONTENT AND USE OF THE SITE

2.1 You agree to use the Site for lawful purposes only. Should you choose to access or use the 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 laws.

2.2 You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –

2.2.1 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;

2.2.2 any content that constitutes an invasion of privacy;

2.2.3 any content that is an infringement of any intellectual property right;

2.2.4 any content that contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

2.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”.

2.3 Although Group Editors 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 Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.

2.4 You agree that in using the Site in any way, and/or in any content you provide to Group Editors, you will not-

2.4.1 create liability for Group Editors or cause Group Editors to lose (in whole or in part) the services of our ISPs or other suppliers;

2.4.2 link directly or indirectly to or include descriptions of goods or services that are prohibited under the terms and conditions; you do not have a right to link to or include;

2.4.3 consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of Group Editors system or the content on the site without Group Editors prior written consent; and

2.4.4 provide content to the site which is competitive with Group Editors.

2.5 At any time, without notice, for any or no reason, Group Editors reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions.

2.6 Should you breach this clause or any other clause in these terms and conditions, Group Editors may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.

2.7 In using the Site, you warrant that –

2.7.1 you own or otherwise control all rights to the content that you may submit to the Site;

2.7.2 any use of such content will not cause injury or harm to any person or entity; and

2.7.3 you indemnify Group Editors, its directors, officers and employees, for all claims resulting from any submitted content.

2.8 By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to Group Editors for posting on the Site, you automatically grant Group Editors 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. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.

2.9 The following activities on or through the Site are expressly prohibited –

2.9.1 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 Site, or the content contained therein, or to data-mine the same without the prior written authority of Group Editors;

2.9.2 the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site or for any other non-personal purpose that is not expressly authorised;

2.9.3 any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and

2.9.4 incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to Group Editors and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) (“ECT Act”) are reserved.

2.10 You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.

2.11 Some of the services offered on the Site, specifically those relating to subscribing to any of Group Editors publications, and participating in e-commerce activities and the purchase and driving of vehicles are only available to persons 18 years or older. By registering with Group Editors for such services, you warrant that you are 18 years or older.

2.12 From time to time Group Editors will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, Group Editors General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.

3. THE USE OF THIRD PARTY CONTENT

3.1 Group Editors hosts information, pricing, opinions, advertising, directory services, event information, property inventory, vehicle inventory and other content supplied by third parties ("Third Party Content") on the Site. Group Editors has no editorial or other control, over such content.

3.2 Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to Group Editors. Group Editors does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by Group Editors by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by Group Editors unless otherwise expressly stated. You use Third Party Content at your own risk.

3.3 It is your responsibility to evaluate Third Party Content available on and through the Site. Group Editors is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.

3.4 In addition to the aforementioned, Group Editors is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, Group Editors is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008. Group Editors does, however, provide the contact details of all third party suppliers on the Site. You may contact the third party suppliers by using such contact details in such an event.

3.5 Group Editors does not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site. Group Editors is not responsible for the content of any third party website linked to or from the Site. The third party websites are provided solely for your convenience. Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by Group Editors unless otherwise expressly stated. You use third party websites at your own risk.

3.6 If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Group Editors.

4. PURCHASES OF MAGAZINE OR OTHER PUBLICATION SUBSCRIPTIONS

4.1 The price and potential availability for each magazine on the Site is listed on that particular magazine’s page.

4.2 Group Editors will not be responsible for any incorrect pricing due to typographical errors. That said however, Group Editors undertakes to rectify any incorrect pricing listed on the Site as soon as it becomes aware of such errors.

4.3 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 Group Editors magazine or other publication subscription/s purchased by means of the Site.

4.4 To the full extent permissible by applicable law, Group Editors does not provide a warranty of any kind, whether expressly or implied as to the ware of the magazines or other publications advertised, or that they will be suitable for any particular purpose or for use under any specific conditions.

5. PROPERTY LISTINGS

5.1 Group Editors provides the Site for the convenience of buyers, sellers, tenants, investors and users interested in immovable property, and collects content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties they are marketing. Group Editors is not itself an estate agent.

5.2 Further to the provisions of 3 above, the details of the properties available on the relevant website are provided to Group Editors by third parties, private sellers and Group Editors’ affiliated estate agents, for your information only. Group Editors cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.

6. VEHICLE LISTINGS

6.1 Group Editors provides the Site for the convenience of buyers, sellers, dealers, owners, traders and investors and users interested in auto and vehicle related contents, and collects content in the form of advertisements from private sellers, subscribing auto dealers and traders and third party websites, as well as related parties, to display vehicles and auto products they are marketing, trading and dealing in. Group Editors is not itself an auto dealer or trader.

6.2 All of the information contained on this Site is provided to you for information purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle. You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, finance rates and valuations, as a substitute for the information that is available to you from the seller. If any of the information on the Site does not correspond with the information given by the Seller, you must always rely on the Seller's information instead of the information on the Site.

6.3 If you wish to buy or sell a vehicle we will assist you to get in touch with the seller of the vehicle. If you decide to buy or sell a vehicle please confirm that the details indicated on this Site are correct with the seller/buyer of the vehicle.

6.4 All information, pictures, colours, specifications or any other data contained within the Site in relation to new vehicles are presented only as a general guide to products and accessories offered by motor manufactures. Although every effort has been made to ensure that all such information is correct and up to date, no guarantee is provided that all such information is reliable, complete, accurate or without error. In some cases pictures of various foreign models may be shown as a guide. All information should be verified by an official dealership.

6.5 Many of the vehicles displayed by this Website are used or second hand. These vehicles are typically sold "as is" or ‘voetstoots”. Please ask the Seller to detail all the defects that the seller is aware of in the vehicle before you buy it.

6.6 Further to the provisions of 3 above, the details of the vehicle and auto products available on the website are provided to Group Editors by third parties, private sellers and Group Editors’ auto dealers and traders, for your information only. Group Editors cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.

7. DIRECTORY SERVICES, SPECIALS AND LISTINGS

7.1 Group Editors provides the Site for the convenience of buyers, sellers and users interested in directory services, events and deal listings, and collects content in the form of advertisements from these users.

7.2 Further to the provisions of 3 above, the details of products and services available on the Site are provided to Group Editors by third parties, private sellers and Group Editors’ customers, for your information only. Group Editors cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. The provisions of 3.4 apply mutatis mutandis.

8. CHARGES

8.1 Using Group Editors’ websites is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your advertisement.

8.2 Our fees are quoted in South African Rands, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

8.3 Our fees are non-refundable, and you are responsible for paying them when they are due. If you do not pay, we may limit your ability to use the services. We reserve the right to recover unpaid fees from you.

9. VOUCHERS AND COUPONS

9.1 You may use promotional coupons as payment for regular priced products on the Site.

9.2 We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.

9.3 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

9.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift/promotional coupon purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

9.5 We assume no liability for the loss, theft or illegibility of gift or promotional coupons.

9.6 Conditions for the redemption of promotional coupons are as follows-

9.6.1 from time to time we may release, at our discretion, promotional coupons that may be used on the Site, which we will send to you by email. Promotional coupons can only be redeemed on the Site;

9.6.2 promotional coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional coupons; and

9.6.3 individual brands may be excluded from coupon promotions.

10. ADVERTISING

10.1 Group Editors Co (Pty) Ltd (“Group Editors”) accepts advertisements for publication in the following newspapers and websites: George Herald (www.georgeherald.com), Mossel Bay Advertiser (www.mosselbayadvertiser.com), Knysna-Plett Herald (www.knysnaplettherald.com), Oudtshoorn Courant (www.oudtshoorncourant.com), Suid-Kaap Forum (www.suidkaapforum.com), Graaff-Reinet Advertiser (www.graaffreinetadvertiser.com), Mossel Bay Home Ads News and Idinga - on the terms and conditions as set out below. No variation or amendment of these terms and conditions shall be valid unless such variation and/or amendment is reduced to writing and signed by a duly authorised representative of Group Editors and the advertiser (the person placing the order for the advertisement, whether they are the advertiser of the product or service referred to in the advertisement or the advertising agent for such advertiser).

10.2 These terms and conditions apply to print advertisements and inserts in the Newspapers (referred to as “advertisements”), as well as online advertising.

10.3 By placing an order for one or more advertisements, the advertiser accepts and agrees to be bound by these terms in full.

Content and Delivery
10.4 Materials, content and information for an advertisement must be provided to Group Editors by the advertiser no later than the deadline specified for publication in any newspaper or website. It is the sole responsibility of the advertiser to (a) inform itself of such deadline and (b) ensure that all the material, content or information is received by Group Editors timeously and in good order.

10.5 Where the advertiser is an advertising agency, the advertiser warrants and guarantees that it is authorised to order and place the advertisement and indemnifies Group Editors against any claims made by any person relating to such advertisement and/or the publication thereof.

10.6 The advertiser further warrants and guarantees that:

10.6.1 All information supplied by and in connection with the advertisement is accurate, complete, true and not misleading;

10.6.2 He/she/it has obtained the consent of any person whose name or image (in whole or in part) is contained in any advertisement;

10.6.3 The advertisement is legal, decent, and honest, not contrary to any applicable legislation, regulation or code, is not libellous and does not infringe the rights of any person or entity;

10.6.4 The advertisement will not be prejudicial to the image or reputation of Group Editors or any of the newspapers and will not contain anything which Group Editors in good faith considers to be offensive or inappropriate.

10.7 Group Editors may, without attracting liability or responsibility to the advertiser, refuse to publish, reject, cancel, remove, suspend, change the position or require the amendment of any advertisement which it, in its sole discretion, determines to be unsuitable or contrary to these Terms and Conditions.

10.8 Group Editors may refuse to publish any advertisement for any advertiser who is indebted to Group Editors in respect of any advertising in any of the newspapers or websites.

10.9 The publication of an advertisement by Group Editors does not mean that Group Editors accepts that the advertisement complies with or has been provided in terms of these Terms and Conditions or that Group Editors has waived its rights in terms of these Terms and Conditions.

Payment
10.10 Advertisers may apply for a credit account with Group Editors. Advertisers who have applied for and been accepted as credit account advertisers are liable to pay all amounts due to Group Editors in terms of the terms and conditions relating to such account.

10.11 Unless an advertiser has been granted an account by Group Editors or other payment terms have been agreed in writing between an advertiser and Group Editors, Group Editors will only provide services relating to and publication of advertisements on a prepayment basis, with receipt of full payment required before rendering of any service relating to or publication of any advertisement.

10.12 Group Editors may amend any rates at any time and such changes to rates will be of immediate force and effect but will not apply to orders for publication of advertisements placed prior to the date of such change, nor in respect of advertisements for which the rate for publication has been agreed differently in writing between the advertiser and Group Editors.

Inserts
10.13 Group Editors may occasionally be unable to distribute the number of inserts agreed with an advertiser on a specific day due to factors beyond its control. In such circumstances, Group Editors will distribute the balance of such Inserts at the next suitable opportunity and the advertiser will remain liable for the full cost of the insert order. Under no circumstances will Group Editors be liable for any loss arising from or relating to any failure to distribute Inserts or any errors in the insertion of Inserts.

Responsibilities and exclusion of liability
10.14 Group Editors accepts no responsibility for and incurs no liability in respect of any delay the advertiser experiences in delivering any advertisement or material or information relating to an advertisement to Group Editors, nor any loss of or damage to any advertisement or materials. The advertiser warrants that it is his sole responsibility to retain sufficient quality and quantity of all material supplied to Group Editors.

10.15 Group Editors will use its reasonable endeavours to reproduce advertisements as provided by the advertiser but cannot guarantee that the advertisement will be of the same quality.

10.16 While Group Editors will use its reasonable efforts to comply with the wishes of an advertiser in this regard, Group Editors cannot guarantee the position of any advertisements and decisions in this regard shall be at the sole discretion of Group Editors.

10.17.1 If an advertisement is not published at all solely due to an error by or negligence of Group Editors, Group Editors will offer the advertiser an alternative publication date(s). If such alternative date(s) is not accepted by the advertiser, the original order for publication will be cancelled and the advertiser shall be refunded in full for any pre-payment it has made to Group Editors. This shall be the sole remedy available to the advertiser for failure by Group Editors to publish an advertisement under these circumstances.

10.17.2 You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of Group Editors shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only (as the case may be), and that there shall be no liability in any event beyond the amount paid for such advertisement.

10.17.3 Group Editors shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement.

10.18.1 If the advertisement as reproduced by Group Editors contains a substantial error solely due to a mistake on Group Editors’ part, Group Editors shall, on request, re-publish the advertisement at no additional cost to the advertiser. Group Editors shall not be responsible for repetition of errors and it is the advertiser’s responsibility to inform Group Editors of any errors and provide any necessary assistance to Group Editors to prevent a repeat of the error.

10.18.2 Group Editors cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of Group Editors.

10.19 Group Editors shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the advertiser or any loss which could not be contemplated by Group Editors and the advertiser, and Group Editors’ maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the advertiser.

10.20 The advertiser will fully reimburse Group Editors for all claims, losses or expenses arising as a result of any breach or failure to perform any of these Terms and Conditions and/or the use or publication of the advertisement by Group Editors in accordance with these Terms and Conditions.

Rights
10.21 Group Editors owns the copyright in all advertisements written or designed by it or on its behalf.

10.22 The advertiser grants Group Editors the right (free of charge) to:

10.22.1 Use such of the advertiser’s names, trademarks and/or logos as Group Editors may consider necessary for the purposes of publishing the advertisements;

10.22.2 Reproduce the advertisement in any media at any time from the date of advertisement was last published in the Newspapers or website for promotional purposes.

Cancellation
Unless otherwise agreed in writing between the advertiser and Group Editors:

10.23 The notice period for cancellation of any advertisement contracts longer than three months, is 30 days. The notice period for cancellation of any advertisement contracts of a shorter duration is on or before the booking deadline of that week’s publication.

10.24 The advertiser may cancel an advertisement provided that it gives and Group Editors receives notice in writing of such cancellation within the relevant notice of cancellation period. Cancellation will only be effective on confirmation by Group Editors of receipt of notice of cancellation.

10.25 Cancellation fee:

(a) The advertiser is liable to pay a cancellation fee which is a percentage of the invoiced amount if a contract is cancelled after the booking (25%) or material (50%) deadlines of that week’s publication.

(b) If a long-term contract, which has qualified for commitment discount, is cancelled before the termination date of the contract (regardless of the notice period), the advertiser will be liable pro-rata for the discount value.

10.26 Group Editors may, at its sole discretion, elect to cancel an order for publication of an advertisement upon the insolvency of the advertiser or upon breach of any of these Terms and Conditions by the advertiser.

General
10.27 These Terms and Conditions and the relationship between the advertiser and Group Editors shall be governed by and interpreted, and otherwise applied, in all respects, in accordance with the laws of the Republic of South Africa.

10.28 Group Editors and the advertiser consent to the jurisdiction of the Magistrate’s Court with regard to all matters arising from, in relation to or in connection with these Terms and Conditions. The foregoing shall not prohibit either the advertiser or Group Editors from approaching any other court having jurisdiction in respect of any matter arising from or relating to these Terms and Conditions.

10.29 All costs, charges and expenses of whatsoever nature which may be incurred by the advertiser of Group Editors in enforcing its rights in terms hereof, including without limitation legal costs in the scale as between attorney and own client and collection commission, irrespective of whether any action has been instituted shall be recoverable from the party against which such rights are successfully enforced.

10.30 Nothing at variance with these Terms and Conditions, including the terms of this paragraph, shall be binding unless it be reduced to writing and signed by both the advertiser and Group Editors. No indulgence or extension granted to the advertiser by Group Editors shall in any way prejudice the rights of Group Editors in terms hereof or create new rights. Group Editors is not bound to or liable for any representations other than those contained in these Terms and Conditions or contained in a further written document duly signed by an authorised representative of Group Editors.

10.31 Nothing in these Terms and Conditions shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture or co-ownership, and neither the advertiser nor Group Editors shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All content included on the Site by Group Editors, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Group Editors or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Group Editors and is protected by South African and international copyright laws.

11.2 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, without the prior written permission of Group Editors or the copyright owner, except as permitted by the fair use exception or other similar provisions under the South African copyright laws or without the prior written permission of Group Editors or the copyright owner. © Copyright reserved in all content.

11.3 You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Group Editors.

11.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Group Editors, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Group Editors logo or other proprietary graphic or trademark as part of the link without the express permission of Group Editors or its content suppliers.

11.5 All trademarks are the exclusive property of Group Editors.

11.6 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.

12. LIMITATION OF LIABILITY

12.1 The information, content, services, products and materials published on the Site, including without limitation, any texts, graphics and links are provided on an "as is" basis. Group Editors makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing –

12.1.1 Group Editors does not warrant that the Site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that it will be continuously available or that you will have uninterrupted access to the Site; and

12.1.2 whilst Group Editors has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.

12.2 To the full extent permissible by applicable law, Group Editors disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Group Editors will not be liable for any damages of any kind arising from the use of the Site or your reliance on any information on the Site, or the products and services offered through the Site from third parties or a linked site, or user's reliance on any product or service obtained from a third party or a linked site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

12.3 Use of this site is at the user's sole risk.

12.4 No advice or information, whether oral or written, obtained by you from Group Editors or its services shall create any warranty.

12.5 If you make unlawful use of this Site and as a result of this a third party sues or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of the terms and conditions.

13. 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 (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.

14. TERMINATION

14.1 Group Editors may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.

14.2 Such termination shall not affect any right to relief to which Group Editors may be entitled.

14.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Group Editors.

15. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT

15.1 In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these terms and conditions, which will continue to be valid and enforceable.

15.2 These terms and conditions, including any documents referenced herein, represent the entire agreement between you and Group Editors regarding your relationship with Group Editors and the use of the Site and supersedes any prior statements or representations.

15.3 When you visit the site or send Group Editors e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.4 Group Editors may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. Changes shall automatically be effective upon posting on the site. Your continued use of the service provided by the Site shall signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest terms and conditions will be posted on the Site, and you should always review them prior to using the site.

15.5 Data Messages (as defined in the ECT Act) will be deemed to have been received by Group Editors if and when Group Editors responds to the Data Messages.

15.6 Data Messages sent by Group Editors to you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.

15.7 You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and Group Editors.

15.8 You warrant that Data Messages sent to Group Editors by you from any electronic device, used by you from time to time, or owned by you, were sent by you and/or were personally authorised.

15.9 Subject to the Regulation of Interception of Communications Act No 70 of 2002 ("RICA"), you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECT Act and RICA for consent in "writing". You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.

15.10 To the extent that we are required under s43 of the ECT Act to provide you with additional details for the purposes of undertaking electronic transactions on the Site, this information will be separately provided in the relevant sections of the Site.

16. GENERAL

16.1 The terms and conditions constitute the complete and exclusive statement of the agreement between you and Group Editors. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms and conditions. If there is any conflict between an oral or written representation of any Group Editors’ employee or agent and the terms and conditions (other than modifications to the terms and conditions executed in writing by Group Editors), the terms and conditions will prevail. These terms and conditions, related agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.

16.2 Group Editors failure to exercise or enforce any of the terms and conditions shall not constitute a waiver of Group Editors right to exercise or enforce the terms and conditions as to the same or another instance. Headings in these terms and conditions and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms and conditions. Group Editors shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Group Editors.

16.3 You agree that Group Editors may assign the terms and conditions to any other entity of its choosing, with or without notice to you. You may not assign the terms and conditions to any other party.

PLEASE NOTE: THE CONTENTS OF THIS WEBSITE ARE PROPRIETARY TO GROUP EDITORS AND MAY NOT BE COPIED, REPRODUCED OR OTHERWISE UTILISED IN ANY MANNER WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF GROUP EDITORS.

II. PRIVACY POLICY

17. INTRODUCTION

This privacy policy is complementary to, and should be read and understood together with, the terms and conditions of use of Group Editors, all of its stakeholders, subsidiaries the subsidiaries of Group Editors subsidiaries and respective holding companies, the subsidiaries of such holding companies, divisions and affiliates and partners (“Group Editors”). Reference to Group Editors in this Privacy Policy shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

18. THE GENERAL PRINCIPLES OF OUR PRIVACY POLICY

18.1 This privacy policy covers how we treat your personal information collected electronically when you use the Group Editors website (the “Site”), register or apply online for any Group Editors products or services, or when you contact Group Editors electronically.

18.2 Group Editors respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.

18.3 When dealing with your personal information we apply the following –

18.3.1 Group Editors will take all reasonable care to protect your personal information, subject to legal obligations that we may be subject to.

18.3.2 Group Editors will not use your personal information contrary to any enforceable legal provision. We will seek your permission where required.

18.3.3 By using the Site, registering or applying online for any Group Editors products or services, or contacting Group Editors electronically, you provide Group Editors with your express written permission to share your personal information within Group Editors, in the ordinary course of Group Editors business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.

19. WHAT DO WE MEAN BY PERSONAL INFORMATION

Personal information refers to information that identifies or relates specifically to you which we acquire directly from you, for example, your name, age and identity number, marital status, spoken language, contact details or any other information you use to register for the website and all related information which you provide to us will also be regarded as personal information.

20. HOW WE COLLECT YOUR PERSONAL INFORMATION

Whenever you use the Site, complete an application form, contact Group Editors electronically, or use one of the products, services, facilities, tools or utilities offered by Group Editors on the Site, Group Editors will collect your personal information.

21. WHY WE COLLECT AND USE PERSONAL INFORMATION

21.1 In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Site as informative and successful as possible, it is necessary for Group Editors to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why Group Editors would collect your personal information –

21.1.1 for Group Editors to process your instructions or requests;

21.1.2 for Group Editors to ensure that we meet your needs, Group Editors may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs;

21.1.3 for Group Editors to send you our newspapers, magazines and newsletters, promotional material, relevant advertising or details which we think may be of interest to you subject to applicable laws, once Group Editors has collected and analysed your personal information,;

21.1.4 to conduct market research;

21.1.5 to provide your details to the seller of the products and/or services you wish to inspect/ purchase;

21.1.6 to contact you in the future at your request; and

21.1.7 to conduct academic research. This research is conducted to evaluate and improve Group Editors product offerings. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. No personal information will be made available to a third party without your written consent. If we publish the results of this research, you will not be identified by name.

21.2 Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given Group Editors your consent, you no longer wish Group Editors to use or share your personal information, you may at any stage withdraw your consent.

21.3 You accept that we may store your personal information outside of the region or country that you may submit or use it in.

21.4 We may enter into business arrangements with third parties and as such our customer base belongs to us and is one of our more valued assets. If we do this, customer information will be one of our transferrable assets.

21.5 We collect and freely use and distribute non-identifying and aggregate (added up) information for the purposes of upgrading our Site and making it easier for you to use. This information does not include your personal Information.

22. PROTECTION OF YOUR PERSONAL INFORMATION

22.1 Group Editors values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information Group Editors has, concerning Group Editors clients, is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

22.2 When you use the products, services, facilities, tools or utilities provided by Group Editors on the Site, you may be given an access number, user name, password and/or personal identification number (“PIN”). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.

22.3 Group Editors cannot be held responsible for security breaches occurring on your electronic device (personal computer or other electronic device used to browse the Site), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.

23. CORRECTION OF PERSONAL INFORMATION

If you ever want to update or correct any of your personal information held by Group Editors, you can e-mail or phone our digital department: information@groupeditors.co.za or 044 874 2424.

24. PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU OR GROUP EDITORS TO A THIRD PARTY

Because Group Editors is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to the Site, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), Group Editors does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.

25. COOKIES

Group Editors uses cookies, including similar technologies. The word “cookie” refers to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, Group Editors will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history. Cookies allow us to provide you with an enhanced experience and customised content and services. We are able to provide our advertisers with an ability to direct relevant advertisements to their audiences. We are able to track the responses to advertising. You are able to control advertising cookies and remove them through the tools on your web browser. If you require more information on this aspect you may visit www.allaboutcookies.org

26. LOCATION

Group Editors may obtain or infer information about your location. We use such information to infer the demographics of our users and to provide you with enhanced services, and appropriate advertising content that may be relevant to you and to obtain aggregate statistics for our advertising customers.

27. CHANGES TO THIS PRIVACY POLICY

27.1 Group Editors may amend this privacy policy from time to time. Group Editors will carry details of changes to its policy on its websites. We recommend that you familiarise yourself with this privacy policy regularly.

27.2 The current version of this privacy policy will govern the respective rights and obligations between you and Group Editors each time that you access and use the Site.

28. WHICH LAWS APPLY TO THIS PRIVACY POLICY

This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.