1.1 These are the general terms and conditions (“terms and conditions”) of use of the website conducted by Caxton Publishers and Printers Proprietary Limited, all of its stakeholders, subsidiaries, divisions and affiliates, its directors, officers, employees or agents (“Caxton”).
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 Caxton, 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.
1.4 Further to the aforementioned, Caxton may, in its sole and absolute discretion, amend these terms and conditions from time to time. By using the Site, you acknowledge that you will be bound by the terms and conditions as amended from time to time.
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 or any other information through the Site, 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 –
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; or
2.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”.
2.3 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 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 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 Site, without any notice to you.
2.5 In using the Site, you warrant that –
2.5.1 you own or otherwise control all rights to the content that you may submit to the Site;
2.5.2 any use of such content will not cause injury or harm to any person or entity; and
2.5.3 you indemnify Caxton, its directors, officers and employees, for all claims resulting from any submitted content.
2.6 By submitting reviews, comments and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to Caxton for posting on the Site, you automatically grant Caxton 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.
2.7 The following activities on or through the Site is expressly prohibited –
2.7.1 the use of 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, without the prior written authority of Caxton;
2.7.2 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;
2.7.3 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
2.7.4 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 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.
2.8 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.
2.9 Some of the services offered on the Site, 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.
2.10 From time to time Caxton will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, Caxton’s 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 Caxton hosts information, pricing, opinions and other content supplied by third parties (“Third Party Content”) on the Site. Caxton has no editorial 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 Caxton. Caxton does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by Caxton by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by Caxton 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. Caxton 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, Caxton is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, Caxton 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. Caxton 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 Caxton 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. Caxton 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 Caxton unless otherwise expressly stated. You use third party website 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 Caxton.
4. PURCHASES OF MAGAZINE SUBSCRIPTIONS
4.1 The price and potential availability for each magazine on the Site is listed on that particular magazine’s page.
4.2 Caxton will not be responsible for any incorrect pricing due to typographical errors. That said however, Caxton 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 Caxton magazine subscription/s purchased by means of the Site.
4.4 To the full extent permissible by applicable law, 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.
5. PROPERTY LISTINGS
5.1 Caxton provides the Site for the convenience of buyers, 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. Caxton is not itself an estate agent.
5.2 Further to the provisions of 3 above, the details of the properties available on the property website are provided to Caxton by third parties, private sellers and Caxton’s affiliated estate agents, for your information only. Caxton 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 mutandi.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All content included on the Site by Caxton, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Caxton 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 Caxton and is protected by South African and international copyright laws.
6.2 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.
6.3 You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Caxton.
6.4 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 Caxton, or its 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 or its content suppliers.
6.5 All trademarks are the exclusive property of Caxton.
6.6 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.
7. LIMITED LIABILITY
7.1 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. Caxton 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 –
7.1.1 Caxton 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; and
7.1.2 whilst Caxton 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.
7.2 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 Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
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.
9.1 Caxton 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.
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 of these terms and conditions, which will continue to be valid and enforceable.
10.2 These terms and conditions, including any documents referenced herein, represent the entire agreement between you and Caxton regarding your relationship with Caxton and the use of the Site and supersedes any prior statements or representations.
10.3 Caxton 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.
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 you will be deemed to have been received by you in terms of the provisions specified in section 23(b) of the ECT Act.
10.6 You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic commutations between you and Caxton.
10.7 You warrant that Data Messages sent to Caxton 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.