THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE AFRICAN SUN MeDIA WEBSITE AND/OR THE SUN-E-SHOP WEBSITE OR ANY PART THEREOF (the AFRICAN SUN MeDIA and/or Sun-e-Shop websites) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE AFRICAN SUN MeDIA WEBSITE AND/OR THE SUN-E-SHOP WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
DEFINITIONS AND INTERPRETATION
a) "AFRICAN SUN MeDIA" means the AFRICAN SUN MeDIA websites located at http://www.africansunmedia.co.za and http://www.sun-e-shop.co.za, and includes any part or element thereof;
b) ”AFRICAN SUN MeDIA” means AFRICAN SUN MeDIA;
c) “User" means any person who enters or uses the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, notwithstanding the fact that such a person only visited the homepage of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
d) References herein to the singular include the plural and vice versa; and
e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational shall not play a role in determination of the validity and interpretation of these terms and conditions.
1. GENERAL
1.1 AFRICAN SUN MeDIA ("AFRICAN SUN MeDIA") focuses on publishing academic and general material.
This includes the packaging and production of course material, and trading its own products and
publications.
2. ALLOWED USE AND LICENCE
2.1 AFRICAN SUN MeDIA licenses the User to view, download and print the content of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of AFRICAN SUN MeDIA.
2.3 Users may not access and use the AFRICAN SUN MeDIA and/or Sun-e-Shop websites for illegal purposes.
2.4 The caching of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites shall only be allowed if:
2.4.1 the purpose of the caching is to make the onward transmission of the content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites more efficient;
2.4.2 the cached content is not modified in any manner whatsoever;
2.4.3 the cached content is updated at least every 12 (twelve) hours; and
2.4.4 the cached content is removed or updated when so required by AFRICAN SUN MeDIA.
2.5 If any User uses content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites in breach of the provisions detailed herein:
2.5.1 AFRICAN SUN MeDIA reserves the right to claim damages from the User;
2.5.2 AFRICAN SUN MeDIA reserves the right to institute criminal proceedings against the User; and
2.5.3 AFRICAN SUN MeDIA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites from any other source shall be directed at the homepage of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites. AFRICAN SUN MeDIA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, if such content was accessed through a hyperlink not directed at the homepage of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites. Persons that wish to link to content beyond the homepage of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, shall do so at their own risk and indemnify AFRICAN SUN MeDIA against any loss, liability or damage that may result from the use of content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, if such content was accessed through a hyperlink not directed at the homepage of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
AFRICAN SUN MeDIA’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable portions of content available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites only if such quote is placed in inverted commas and its origin acknowledged.
2.8 No person may frame the AFRICAN SUN MeDIA and/or Sun-e-Shop websites in any manner whatsoever without the prior written consent of AFRICAN SUN MeDIA.
2.9 Apart from bona fide search engine operators and use of the search facility provided on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites for any purposes, without the prior written consent of AFRICAN SUN MeDIA.
2.10 All licences and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by AFRICAN SUN MeDIA at any time without giving reasons therefor.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks, is the property of or licensed to AFRICAN SUN MeDIA and as such is protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites are expressly reserved.
3.2 “AFRICAN SUN MeDIA and Sun-e-Shop” is a registered trademark and Users agree not to use the trademark as an element of a domain name or subdomain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so, a User shall immediately cease to use such domain name and transfer it to AFRICAN SUN MeDIA at the cost of the User.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the AFRICAN SUN MeDIA and/or Sun-e-Shop websites and/or download content from these websites.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the AFRICAN SUN MeDIA and Sun-e-Shop websites is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and AFRICAN SUN MeDIA has the duty to disclose the following information:
5.1 full name and legal status of the website owner: AFRICAN SUN MeDIA;
5.2 street address: Admin A Ground Floor, Stellenbosch University Campus, Stellenbosch, South Africa;
5.3 postal address: AFRICAN SUN MeDIA, P O Box 3076, Matieland, 7602;
5.4 physical address for receipt of legal service: Admin A Ground Floor, Stellenbosch University Campus, Stellenbosch, South Africa;
5.5 main business: AFRICAN SUN MeDIA focuses on the publishing of academic and general material. This includes the packaging and production of course material and the trading of its own products;
5.6 website addresses of the AFRICAN SUN MeDIA and Sun-e-Shop websites: http://www.africansunmedia.co.za, http://www.africansunmedia.com, and http://www.sun-e-shop.co.za;
5.7 official e-mail address of the AFRICAN SUN MeDIA and Sun-e-Shop websites: africansunmedia@sun.ac.za;
5.8 membership of self-regulatory or accreditation bodies: none;
5.9 codes of conduct to which the AFRICAN SUN MeDIA and Sun-e-Shop websites subscribe: none;
5.10 the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the AFRICAN SUN MeDIA and Sun-e-Shop websites: may be downloaded from http://www.africansunmedia.co.za and http://www.sun-e-shop.co.za;
5.11 management: The management profile of AFRICAN SUN MeDIA and/or Sun-e-Shop is available from http://www.africansunmedia.co.za;
5.12 costs associated with the access and use of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites: free access;
5.13 alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding
5.13.1 access to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites,
5.13.2 the inability to access the AFRICAN SUN MeDIA and/or Sun-e-Shop websites,
5.13.3 the services and content available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, or
5.13.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.14 cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
5.15 address to lodge complaints with AFRICAN SUN MeDIA concerning the AFRICAN SUN MeDIA and/or Sun-e-Shop websites: africansunmedia@sun.ac.za.
6. CHANGES AND AMENDMENTS
AFRICAN SUN MeDIA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
6.3 discontinue any aspect of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites or service(s) available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites; and/or
6.4 change the software and hardware required to access and use the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
7. PRIVACY
7.1 AFRICAN SUN MeDIA shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf.
7.2 AFRICAN SUN MeDIA may electronically collect, store and use the following personal information of the User:
7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 AFRICAN SUN MeDIA collects, stores and uses the aforementioned information for the following purposes:
7.3.1 to communicate requested information to the User; and
7.3.2 to compile non-personal statistical information about browsing habits, click patterns and access to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
7.4 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.
7.5 AFRICAN SUN MeDIA may collect, maintain, save, compile, share, disclose and/or sell any information collected from Users, subject to the following provisions:
7.5.1 AFRICAN SUN MeDIA shall not disclose personal information of the User unless the User consents thereto;
7.5.2 AFRICAN SUN MeDIA shall disclose information without the User’s consent only through due legal process;
7.5.3 AFRICAN SUN MeDIA may compile, use and/or share any information that does not relate to any specific individual; and
7.5.4 AFRICAN SUN MeDIA owns and retains all rights to non-personal statistical information collected and compiled by AFRICAN SUN MeDIA.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 AFRICAN SUN MeDIA may provide hyperlinks to websites not controlled by AFRICAN SUN MeDIA (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites;
8.2 AFRICAN SUN MeDIA does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9. SECURITY
9.1 AFRICAN SUN MeDIA shall take all reasonable steps to secure the content of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, and the information provided by and collected from Users, from unauthorised access and/or disclosure. However, AFRICAN SUN MeDIA does not make any warranties or representations that content shall be 100% safe and secure.
9.2 AFRICAN SUN MeDIA is under no legal duty to encrypt any content or communications from and to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, and is also under no legal duty to provide digital authentication of any page on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
9.3 Users may not deliver or attempt to deliver – whether on purpose or negligently – any damaging code (such as computer viruses) to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites or the server and computer network that support the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, whether on purpose or negligently, shall, without any limitation, indemnify and hold AFRICAN SUN MeDIA harmless against any and all liability, damages and losses AFRICAN SUN MeDIA and its partners/affiliates may cause as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, and AFRICAN SUN MeDIA reserves the right to claim damages against any and all persons concerned with a security failure or breach.
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by AFRICAN SUN MeDIA and its partners/affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable and as far as allowed by law, AFRICAN SUN MeDIA (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.2 access to websites linked to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.3 inability to access the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.4 inability to access websites linked to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.5 content available on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.6 services available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.7 downloads and use of content from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites;
10.1.8 any other reason not directly related to gross negligence by AFRICAN SUN MeDIA.
10.2 The AFRICAN SUN MeDIA and Sun-e-Shop websites are supplied on an "as is" basis and have not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with AFRICAN SUN MeDIA, that the content available from and through the AFRICAN SUN MeDIA and/or Sun-e-Shop websites meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites should not be regarded as professional advice or the official opinion of AFRICAN SUN MeDIA, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the AFRICAN SUN MeDIA and/or Sun-e-Shop websites. Furthermore, opinions, ideas and information expressed in the content being sold are those of the rights holders only, and should not in any way be interpreted to reflect or represent the opinions and/or ideas of AFRICAN SUN MeDIA, and are not necessarily supported or endorsed by AFRICAN SUN MeDIA.
10.4 AFRICAN SUN MeDIA does not make any warranties or representations that content and services available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites will in all cases be true, correct or free from any errors. AFRICAN SUN MeDIA shall take all reasonable steps to ensure the quality and accuracy of content available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites.
10.5 AFRICAN SUN MeDIA does not make any warranties or representations that the AFRICAN SUN MeDIA and/or Sun-e-Shop websites shall be available at all times. Users acknowledge that the AFRICAN SUN MeDIA and/or Sun-e-Shop websites may be unavailable due to updates or other causes beyond the reasonable control of AFRICAN SUN MeDIA, including, but not limited to, virus infection, unauthorised access, power failure or “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the AFRICAN SUN MeDIA and/or Sun-e-Shop websites to AFRICAN SUN MeDIA, and AFRICAN SUN MeDIA undertakes to correct and/or remove such content or any part thereof, if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to AFRICAN SUN MeDIA’s right to intercept, block, filter, read, delete, disclose and/or use all communications sent or posted by the User to the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, its staff and employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between AFRICAN SUN MeDIA and the User, and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by AFRICAN SUN MeDIA from the User.
13.2 Any failure by AFRICAN SUN MeDIA to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and AFRICAN SUN MeDIA agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the AFRICAN SUN MeDIA and/or Sun-e-Shop websites for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to AFRICAN SUN MeDIA shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by AFRICAN SUN MeDIA shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to AFRICAN SUN MeDIA shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and AFRICAN SUN MeDIA; and
14.6 the User agrees and warrants that data messages that are sent to AFRICAN SUN MeDIA from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
Subject to clause 5.13, the AFRICAN SUN MeDIA and/or Sun-e-Shop websites are hosted, controlled and operated from the Republic of South Africa, and therefore the South African law enforced by the South African courts governs the use or inability to use the AFRICAN SUN MeDIA and/or Sun-e-Shop websites, their content, services and these terms and conditions.
16. LEGAL COSTS
AFRICAN SUN MeDIA shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2004. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These terms and conditions are licensed to AFRICAN SUN MeDIA for the AFRICAN SUN MeDIA and Sun-e-Shop websites by Buys Inc. Attorneys, Cape Town/Johannesburg, South Africa (http://www.buys.co.za).
