Wednesday, March 10, 2010

Terms and Conditions

THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES TO OBSERVE ALL TERMS & CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES.
Click on the links below for quick access sections of this document:
General use of this site
The Cape Media Corporation (CMC) information website (the Site) and associated services are comprised of information and content, including but is not limited to advertising services, business-to-business and general news, e-commerce, interactive facilities, trading sites, news groups and forums (moderated and/or unmoderated) provided by (CMC) and third parties with whom CMC have contracted.
CMC may, in its sole discretion, amend these terms and conditions and the scope of services (which might not all be always available simultaniously at all times), from time to time at which instance the new terms and conditions will immediately come into effect in respect of further usage. 

CMC expressly reserves he right, in its sole and absolute discretion, to alter and/or amend any criteria, information, prices and/or rates quoted on the Site.
Use of the Site is strictly at the sole risk of the user. Neither CMC or any other party involved in creating, producing, or delivering the
Site is liable for any direct, indirect, consequential, incidental, or punitive damages arising out access to, use of or inability to access or use the Site. The Site is delivered AS IS without expressed or implied warranty of any kind.
Links provided to web sites of third parties on the Site does not imply in any way what so ever that CMC has reviewed such sites and is not responsible for the content of any off the site pages or any other sites linke to the Site. CMC does not accepts any responsibility for nor subscribes to the correctness of appropriateness of any information and/or services provided on such third party sites and said sites are visted and/or used at you sole discretion and own risk.
Amendments to content and information
The Site owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information of whatever nature set out on the Site. 
It is the responsibility of users to familirise themselves with any amendment or alteration affected.
Submission of content
Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message. 

The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.
Subscriptions

When submitting an application to become a subscriber to newsletters, printed magazine or other services offered on te Site, users agree that:

  • they will be irrevocably bound by the terms and conditions applicable the use of this web site
  • they will provide full and accurate information
  • it is the user's responsibility to check and update information pertaining to their user account
  • on registration they will provide a username and password
  • registration is for a single user and a subscriber's username and password cannot be shared with any other person
  • a single username and password cannot be used to allow multiple access to other users over a network

Subscribers and users further undertake not to

  • impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications
  • modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network
  • make available or upload files that contain software or any other material not owned or licensed to the subscriber
  • make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
Copyright and Intellectual Property protection
Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. The Site owner asserts and reserves all its rights, including moral rights, in this regard.
The Site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.
If you believe that this Site in any way infringes a third party copyright or other intellectual property right please contact us specifying the full details of the alleged infringement.
Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on the Site for personal use, including use for research for the purposes of preparing papers or articles for publication, provided that if publication in whatever form, using information from this web site is used the Site is clearly credited as the source of said information.
Users wishing to utilise content for commercial purposes may only do so with the prior written permission of the web site owner. Requests for commercial use may be submitted by clicking here. The granting or refusing of permission is completely within the discretion of the Site owner, and may be conditional.
Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this web site complies with all applicable laws and regulations.
The Site owner accordingly cannot and does not in any way pretend to confirm the corretness of information or claimed benefits contained in any such advertising material of third parties.
The Site owner also excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material or decisions made by users based on such material.
Using search technology

The use of search technology, such as “crawlers” or “spiders,” to search and gain information form the Site is prohibited if such technology will slow down the operation of the Site of will infringe on the intelectual property rights of the Site owner.

Hyperlinks, deep links & framing
Permission to link to the Site is given without assumption of any liability. The owner reserve the right to withdraw permission granted to link to this the Site at any time and for any reason.
The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed.
Privacy and Confidentiality of communications
CMC committed to protecting the privacy of the users of the Site.
Personal information of users is only collected when they provide such information voluntarily for excample when they subscribe to a publication or service offered on the Site or when they request information and wish to receive such information via e-mail.
In some instances non-personal information, such as the user’s domain and IP-address might stored on the user’s computer as a cookie-file and in a statistics file on the web sever. This information is used to improve the service offered to users.
Collected personal information is stored in databases to which access is strictly controlled and access restricted to only CMC-staff, who in the course of rendering service to users.
No personal information about a user will be disclosed to third parties without the user’s permission or due process.
By using this website and supplying contact details, the user consents to:
1.CMC may use this information to communicate with the user from time to time.
2.CMC may use the user’s information for non-personal statistical purposes.
3.Subscribing users may request to given and opportunity view their own personal information electronically by submitting such a request via email by using the Contact us link provided.
Security
All reasonable steps will be taken to secure a user’s information, while users undertake not to divulge their usernames and passwords to any other person.
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website.
Amendment of the terms and conditions of this Agreement
Legal and other developments might require that the owner of the Site to amend these Terms and Conditions of Use from time to time.
The owner will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.
Domicilium
CMC chooses as its comicilium citandi et executandi for all purposes under this agreement, whether in respect of cort process, notice, or other documents or communication of whatsoever nature 4th Floor, Sunclare Building, 21 Dreyer Street, Claremont 7735, Cape Town, South Africa
Owner information & required disclosures under section 43 of the ECT Act
  • Any query in respect of these Terms & Conditions or the use of the Site can be submitted any of the following ways: Web site owner: Kaqala Ltd, trading as Cape Media Corporation and Napm/Leadership Publications; Registration number:1999/ 23655/07
  • Directors: Andrew Fehrsen and Royston Lamond.
  • Tel. + 27 21 657 3800 Fax. + 27 21 657 3866 6292; E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Web sites: http://www.capemedia.co.za
  • Physical Address: 4th Floor, Sunclare Building, 21 Dreyer Street, Claremont 7735, Cape Town, South Africa
  • Postal Address: Posnet Suite 82, Private Bag X1005, Calremont 7735
  • VAT Number: 4350181907
  • The Site owner is a member of the Online Publisher's Association - for further information about the OPA please visit www.opa.org.za
Invitation to do business
Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.
Date of Last Review
4 February 2008
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