• About Associated Magazines (Pty) Ltd (“Associated Magazines”)
Associated Magazines is the publisher of HOUSE AND LEISURE in South Africa and the proprietor of this website. Associated Magazines is registered as a private company in terms of the company laws of South Africa).
• This Agreement
This agreement regulates your use of Associated Magazines’ HOUSE AND LEISURE website, www.houseandleisure.co.za which is owned and operated by Associated Magazines (the “Website”). By accessing and using this Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by this agreement, you may not access, display, download, post and/or otherwise distribute any content or copy available on the Website.
• Personal Information about You
1. Associated Magazines voluntarily subscribes to Section 51 of the Electronic Communications and Transactions Act (Act 2 of 2000) and is a members of the DMMA (www.dmma.co.za), to whose code of conduct Associated Magazines subscribes.
2. Associated Magazines will receive various types of information from users who access the Website. This information will include information such as the IP address of your computer but will not include your email address or any other personal information about you, (unless this is specifically provided to us by you). This information is used by us to measure the use of the Website such as the number of visits, average time spent on the Website and the pages viewed. We will use this information to improve the content of the Website. Because of the nature of this information, we do not have to keep it confidential and may distribute, copy and use it as we require.
3. Information you provide to us for posting to the Website, including but not limited to discussion forums:
a) By posting anything (text, photographs, graphics, video and sound recordings, etc) on the Website, you agree to Associated Magazines using it on the Website as we deem appropriate and that no payments will be made to you for such usage. Associated Magazines will, however, not be obliged in any way whatsoever to make such material available on the Website. You hereby grant us all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion. We will try to credit you as the source of the information, where possible.
b) You warrant that anything that you post to the Website will not contain any material:
- that contains any obscene, indecent or offensive language;
- that is false, defamatory, abusive, harassing or hateful;
- in respect of which another party holds the rights (without the necessary permission to do so);
- which is encrypted, constitutes junk mail or unauthorised advertising;
- that invades anyone’s privacy; and/or
- that encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
c) You agree not to attempt gain access to Associated Magazines’ server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other party’s use of the Website.
d) In relation to discussion forums, the following general principles apply in relation to material you provide, you shall not:
- post libelous or defamatory comments;
- post anything relating to any ongoing or pending trial;
- post content (text, photographs, graphics, video and sound recordings, etc) which you have copied from someone else (i.e. to which you do not own the copyright);
- use profanities;
- post a personal insult about another user;
- advertise or solicit; and
- impersonate another user.
e) It is not possible for Associated Magazines to review all material posted to the Website prior to it being made available on the Website. Should Associated Magazines become aware that any content you post to the Website is not in accordance with the principles of this agreement, Associated Magazines shall be entitled to remove such content immediately, in its sole discretion. If you are of the view that any content posted to the Website violates the principles of this agreement, please email us at firstname.lastname@example.org.
4. Associated Magazines accepts no liability for any content posted to the Website by a third party and you shall remain responsible for the accuracy of any content you post to the Website.
5. You acknowledge that you are aware that a breach of the warranties contained in this clause is likely to cause Associated Magazines to suffer harm, both financial and otherwise. Accordingly, you hereby indemnity Associated Magazines in respect of any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website by you or from the non-availability of the Website for any reason whatsoever.
6. Information we will request from you:
a) Should we request personal information from you, we will advise you as and when we request such information. However, we do not give your personal information to anyone else nor do we allow anyone else to access it. You may choose not give us any personal information if we request it. If you provide any personal information to us, once you have provided this information you can check the accuracy of such information on our system by emailing us at email@example.com.
b) We keep detailed records of the information you give us for a period of a year after the date on which you provide it to us. If the information becomes obsolete, we delete it from our system.
c) We will take reasonable steps to ensure that your personal information is kept secure.
• Use and Access to Content on the Website
1. Associated Magazines holds the rights necessary to enable it to make the content contained on the Website available on the Website. This includes the names Associated Magazines and HOUSE AND LEISURE. This content is protected by South African and international copyright laws. All rights in and to the content on the Website (including copyright, throughout the universe, for all purposes, in all media, whether now known or hereafter devised and for the life of the copyright and any extensions and renewals) is retained by Associated Magazines and nothing in this agreement shall be interpreted to mean that you acquire any of these rights. You may not use this content, other than by retrieving and displaying it on a computer screen, without the prior written permission of Associated Magazines to do so. Should you wish to request permission to use any of our content (text, photographs, graphics, video and sound recordings, etc), please email us at firstname.lastname@example.org.
2. Associated Magazines uses reasonable endeavours to ensure that the content on the Website is accurate and complete. However, some of the content contained on the Website is provided by third parties and Associated Magazines is unable to check it for completeness or accuracy. Associated Magazines provides the content “as is”, without any warranties whatsoever. Associated Magazines shall not be responsible, in any way whatsoever, for any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website or from the non availability of the Website for any reason whatsoever. In particular, Associated Magazines shall not be liable for any consequential loss.
The following rules shall apply to all competitions, unless other rules are specifically provided in relation to a competition:
- Competitions are not open to:
- a director, member, partner, employee or agent of, or consultant to Associated Media Publishing or the promoter (any person who directly or indirectly promotes, sponsors, organises or conducts a competition, or for whose benefit the competition is promoted, sponsored, organised or conducted); or
- any supplier of goods or services in connection with a competition;
- the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified above.
- You may not participate in or be eligible to win a competition if you have won a competition promoted by us within the past three months. You will be eligible to participate in a competition promoted by us after the expiry of six months after the date on which you won the last competition.
- Unless otherwise stated, only one entry per person is allowed. Where more than one entry is received by the same person or email address, only the first entry received will be deemed valid.
- No cash alternative to the prizes will be offered. The prizes are not transferable.
- Entrants must reside in South Africa.
- It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
- If you use a mobile phone for entry into the competition, the telephone calls / text messages you make will be charged at the prevailing rates, which may vary from time to time. “Free” minutes under a cell-phone contract do not apply.
- You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards to international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
- Prize allocation to be provided in accordance with the allocated project budget. If any advertiser/affiliate/supplier/promotor with whom Associated Media Publishing works in relation to a prize fails or neglects to provide the prize, then it shall not be exchanged for cash but a suitable replacement prize, to be determined at the sole discretion of Associated Media Publishing, shall be provided.
- Entrants must be eighteen years or older at the time of entering the competition.
- The winner(s) consents to his/her name, biographical details and involvement in the competition being made available to the sponsors, for publicity and prize delivery purposes.
- Associated Media Publishing accepts no liability for any entries that may be lost.
- Winners use the prize at their own risk. Associated Media Publishing and the promotor shall not be liable for any loss, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence, including gross negligence) in connection with this competition or accepting or using the prize.
- Entrants will be deemed to have accepted these rules and agreed to be bound by them when entering. These rules are legal and binding upon entrants.
- Associated Media Publishing reserve the right to cancel, modify or amend the competition at any time, if deemed necessary in its opinion and if circumstances arise outside of their control.
- The winners will be notified by means of the contact details provided to us. If we are, or a third party supplier is, unable to contact a winner within seven working days of first notification from Associated Media Publishing or its representative, the winner will forfeit the prize and Associated Media Publishing reserves the right to re-draw a new winner under the same conditions.
- In the event that you win a prize you agree to the publication of your name and to appear in person in the electronic media and the print media, and you agree, within reason, to endorse, promote or advertise our goods or services, for which no fee will be payable.
- You are hereby notified that you have a right to decline consenting to your name, biographical details and involvement in the competition being made available to sponsors in terms of clause 17 above. You further have the right to decline being photographed for and to appear in a feature in Associated Media Publishing or Associated Media Publishing’ magazines in terms of clause 17 Should you wish to exercise either or both of these rights, you shall do so by informing us within five days from you accepting these terms and conditions, via e-mail to email@example.com, in which e-mail you shall provide us with particularity of the rights which you wish to exercise. Should you not inform us that you intend exercising these rights within the above five day period, you shall be deemed to have consented to clauses 17 above.
- In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. Associated Media Publishing will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
- We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
- Associated Media Publishing and the judges’ decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
You hereby indemnify Associated Magazines and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and hold them harmless from any and all claims, demands and liabilities (including legal fees on the attorney and own client scale) that may arise from your submissions or provision of content, from your unauthorised use of material obtained from the Website, from your breach of this Agreement, or from any such acts arising through your use of the Website or any other violation of the rights of another person or party.
• Law applying to this Agreement
The Website is operated, controlled and administered by Associated Magazines from its offices within the Republic of South Africa. If you are accessing the Website from outside of South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa and you consent to the jurisdiction of the jurisdiction of the Witwatersrand High Court in the event of a dispute or litigation.
• This is the Whole Agreement
This agreement constitutes the sole record of the agreement between us and supersedes all previous agreements. Neither of us shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this agreement.
• Changes to this Agreement
1. Associated Magazines may change this agreement from time to time and we reserve the right to do so. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website will be deemed to be an acceptance by you of agreement to these amendments.
2. Other than the variation of this agreement by us placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.
• No Waiver
No relaxation or indulgence which either of us may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.
Should any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.