Terms and conditions
Brought to you by: Caxton Magazines, a Division of CTP Limited (“Caxton”)
Please read the following terms and conditions very carefully as your use of Caxton's website/s (“the Sites”) is subject to your acceptance of and compliance with these terms and conditions.
By accessing and/or using the Sites, you acknowledge that you have read, understood and accepted the following terms and conditions and/or disclaimers.
Caxton” reserves the right, in its sole and absolute discretion, to amend the terms and conditions set out herein from time to time and by becoming a user of the Sites, you acknowledge that you will be bound by the terms and conditions as amended from time to time.
- 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 the Sites 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 Caxton 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 any of the provisions of these Terms and Conditions or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Caxton may immediately terminate and/or suspend your access to all or parts of the Sites, without any 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 Caxton 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 Caxton for posting on the Sites, you automatically grant Caxton 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 Caxton; 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 Caxton and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No 25 of 2002 (as amended) (“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 Caxton’s magazines, are only available to persons 18 years or older. By registering with Caxton, you warrant that you are 18 years or older.
1.9 From time to time Caxton will run competitions, free prize draws, and promotions on the Sites. These competitions, free prize draws, and promotions are subject to applicable laws and additional terms that will be made available at the time.
2. THE USE OF THIRD PARTY CONTENT
2.1 Caxton hosts information, pricing, opinions and other content supplied by third parties ("Third Party Content") on the Sites. Caxton 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 third party and not of Caxton, its affiliates or any of their directors, officers, employees or agents. Caxton, 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. Any Third Party Content should not be construed as an express or implied endorsement by Caxton unless otherwise stated. You use Third Party Content at your own risk.
2.3 It is your responsibility to evaluate Third Party Content available on and through the Sites. Caxton 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 Caxton 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. Caxton is not responsible for the content of any Third Party sites linked to or from the Sites. The Third Party sites are provided solely for convenience. Any information, endorsements of products or services, materials or personal opinions appearing on Third Party sites should not be construed as an express or implied endorsement by Caxton unless otherwise stated. You use Third Party sites at your own risk.
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 Caxton.
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 Caxton 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 Caxton magazine subscription/s purchased by means of the Sites.
3.4 Caxton 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 Caxton.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on the Sites, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Caxton 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 the Sites is the exclusive property of Caxton 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 Caxton 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 Caxton.
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 Caxton, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Caxton logo or other proprietary graphic or trademark as part of the link without the express permission of Caxton, its affiliates or content suppliers.
4.5 All trademarks are the exclusive property of Caxton.
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. Caxton 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 Caxton 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, Caxton disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Caxton will not be liable for any damages of any kind arising from the use of the Sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6.1 Caxton respects privacy of its Users. Caxton will take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be as defined in the Promotion of Access to Information Act No 2 of 2000 (PAIA) (as amended). Without limiting the aforegoing :
6.1.1 Caxton is dedicated to maintain the privacy of its online visitors and users. On the Sites, Caxton does not collect personally identifiable information from individuals unless the individual user provides such information to Caxton voluntarily and knowingly.
6.1.2 Any information collected is used solely by Caxton and its business partners who are involved in the operation of the Sites for internal purposes or are required to process personal data in the provision of services to Caxton. Caxton’s client lists are never sold to third parties, and Caxton will not share personally identifiable information with third parties unless the person who has submitted the information has authorized Caxton to do so, or if Caxton is 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 the Sites and safeguard the interests of its subscribers, Caxton will comply with any such legally binding request.
6.2 Caxton 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. Caxton may from time to time use your contact information to tell you about news or events provided by Caxton or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Caxton or at any time afterwards. Caxton may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
6.3 Caxton Magazines 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 Caxton 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 the Sites website; and/or
v. to compile non-personal statistical information about browsing habits, click-patterns, and access to the Sites.
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.
6.56.6 Caxton shall take all reasonable steps to secure personal information provided by users of the Sites from unauthorised access or disclosure. However, Caxton does not make any representations or give any warranties that any such information will remain secure from unauthorised access or disclosure. You shall bear the full risk of the confidentiality and security of all information provided by you to Caxton.
7.1 These are the standard terms and conditions for promotional competitions conducted or promoted by or in association with Caxton Publishers and Printers Proprietary Limited, all of its stakeholders, subsidiaries the subsidiaries of Caxton’s subsidiaries and respective holding companies, the subsidiaries of such holding companies, divisions and affiliates (“Caxton”). Each promotional competition conducted or promoted is subject to these Standard Terms and Conditions for Promotional Competitions (“Ts and Cs”) and the rules, promotional material or adverts (“rules”) pertaining to the specific promotional competition. All the provisions of these Ts and Cs shall form part of Caxton’s General Terms and Conditions and Private Policy in respect of those services offered on the Caxton’s website/s (the “Sites”), specifically those relating to the running of competitions, free prize draws, and promotions on the Sites.
7.2 For purposes hereof, "affiliate" means Caxton’s partners, promoters, co promoters and sponsors of this promotional competition, and the directors, officers, employees, agents and representatives of all those listed herein.
7.3 Your –
7.3.1 participation in the promotional competition; and/or
7.3.2 fulfilment of the conditions pertaining to a promotional competition, should there be any conditions, constitutes your binding acceptance of these Ts and Cs on behalf of yourself and any person with whom you may share a prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services or other discounted or free thing being offered (“prize”), in the event that you obtain a prize which is for you and one or more additional persons (“your partner”).
7.4. The promotional competition is not open to –
7.4.1 directors, members, partners, agents, employees, consultants of Caxton and/or any affiliated companies, agencies, associates, partner and/or any suppliers of goods or services in connection with a competition; and
7.4.2 the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 4.1 above.
7.5. Entrance criteria or conditions are as set out in the rules of each promotional competition.
7.6 The judges’ decision is final and no further correspondence will be entered into.
7.7 Caxton is not responsible for any entries which are not received by Caxton and/or the promoters, whether timeously or at all, regardless of the cause thereof. Without limitation, Caxton is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, website or other device or medium), or any combination thereof, or any other technical or other problems.
7.8. It is your responsibility, as a participant, to ensure that any information which you provide in respect of a promotional competition is accurate, complete and up to date.
7.9. Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. Caxton will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your participation in the promotional competition and your acceptance and/or use of a prize. Caxton will specify, in the rules, the total value of the prizes to be won, the nature of the prizes, and any cost to be borne by the participants of any specific promotional offer.
7.10. Caxton does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, makes no representations and gives no warranty that a prize, or any aspect thereof, will –
7.10.1 meet your, or, if applicable, your partner’s requirements, preferences, standards or expectations; or
7.10.2 be satisfactory and punctual.
7.11. Prizes are not transferable and may not be deferred, changed or exchanged for any other item or cash.
7.12. You may not obtain a prize if it is unlawful for us to supply such a prize to you. If you do not qualify to receive such a prize, you will forfeit it.
7.13. In the event that you win, you must possess whatever documents and permissions that may be required in order to take part in the promotional competition or claim a prize.
7.14. Should you be a participant in the promotional competition to whom a prize is due, you will be notified by means of the contact details provided to Caxton by you. Caxton may require you to provide it, as the case may be, with additional information as may be reasonably required to process and facilitate your acceptance and/or use of a prize. You have one month from notification by Caxton to collect or organise delivery of a prize unless otherwise stipulated in the rules for a specific promotional competition. [Note: please confirm that a period of one month is acceptable]
7.15. Should you be a participant in the promotional competition to whom a prize is due and you fail to respond to the formal notification by Caxton within the time period specified at 14 above, or in the rules for the specific promotional competition, as the case may be, you shall forfeit such unclaimed prize and thereafter Caxton shall randomly select a replacement winner from the competition entries. Caxton shall notify the replacement winner of such effect as soon as reasonably practicable and the provisions of this clause 15 shall apply to the replacement winner in the event that he/she fails to respond to the notification.
7.16. To the full extent permissible by applicable law, Caxton and its third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the promotional competition and any prizes, or any aspect thereof, without notice at any time, for any reason which Caxton and such suppliers deem reasonable in the circumstances. 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 the promotional competition and acknowledge that you will have no recourse against Caxton and third party suppliers.
7.17. You agree that your participation in the promotional competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
7.18. Should you be a participant to whom a prize is due, you consent to Caxton or its authorised agents to take, capture, record and/or use your name, voice, photographic images or video images for the purpose of marketing and publicity campaigns.
7.19. To the full extent permissible by applicable law, Caxton will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the promotional competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the Ts and Cs.
7.20. These Ts and Cs will be construed, interpreted and enforced in accordance with the applicable laws of the Republic of South Africa.
7.21. Caxton reserves the right to amend these Ts and Cs for Promotional Competitions at any time and will publish same on its Sites or make same available to participants on request.
7.22. In the event that any of the terms of these T’s and C’s are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms of these T’s and C’s, which will continue to be valid and enforceable.
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) in respect of any disputes arising in connection with the Sites.
9.1 Caxton may terminate your account at any time for any reason, including any improper use of the Sites or your failure to comply with these Terms and Conditions.
9.2 Such termination shall not affect any right to relief to which Caxton may be entitled.
9.3 Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to Caxton.
10. OTHER PROVISIONS AND APPLICATION OF THE ECT ACT
10.1 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, which will continue to be valid and enforceable.
10.2 These Terms and Conditions, including any documents referenced herein, represents the entire agreement between you and Caxton regarding your relationship with Caxton and use of the Sites and supersedes any prior statements or representations.
10.3 Caxton 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.
10.4 Data Messages (as defined in the ECT Act) will be deemed to have been received by Caxton if and when Caxton responds to the Data Messages.
10.5 Data Messages sent by Caxton to the user of the Sites (“the User”) will be deemed to have been received by the User in terms of the provisions specified in section 23(b) of the ECT Act.
10.6 The User acknowledges that electronic signatures, encryption and/or authentication is not required for valid electronic commutations between the User and Caxton.
10.39.7 The User warrants that Data Messages sent to Caxton from any electronic device, used by the User from time to time or owned by the User, were sent and or authorised by the User personally.