1. About Highbury Safika Media
Highbury Safika Media is the publisher of SA Rugby magazine and the proprietor of this website.
2. This agreement
This agreement regulates your use of Highbury Safika Media’s SA Rugby magazine website, www.sarugbymag.co.za. By accessing and using the 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 and you should immediately cease using and viewing the website.
3. Personal information about you
1. Highbury Safika Media voluntarily subscribes to Section 51 of the Electronic Communications and Transactions Act (Act 2 of 2000) and is a member of the DMMA (www.dmma.co.za), to whose code of conduct Highbury Safika Media subscribes.
2. Highbury Safika Media will receive various types of information from users who access the website. This information will include information such as the IP (internet protocol) address of your computer but will not include your e-mail 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 and you consent to us doing so. 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:
1. By posting anything (text, photographs, graphics, video and sound recordings, etc) on the Website, you agree to Highbury Safika Media using it on the website as we deem appropriate and that no payments will be made to you for such usage. Highbury Safika Media will, however, not be obliged in any way whatsoever to make such material available on the website. You hereby grant us all rights and/or licences 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. Insofar as you licence any content to us, you do so on a royalty free basis in perpetuity.
2. 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.
3. 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 person or user;
• advertise or solicit any business or commercial activity; and
• impersonate another user.
4. It is not possible for Highbury Safika Media to review all material posted to the website prior to it being made available on the website. Should Highbury Safika Media become aware that any content you post to the website is not in accordance with the principles of this agreement, Highbury Safika Media shall be entitled to remove such content immediately, in its sole discretion and, insofar as this is necessary, you consent thereto.
5. Highbury Safika Media 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.
6. Information we will request from you:
• Should we request personal information from you, we will advise you as and when we request such information and the reason for such request.
• We will take reasonable steps to ensure that your personal information is kept secure.
4. Use and access to content on the website
1. Highbury Safika Media holds the rights necessary to enable it to make the content contained on the website available on the website. You may not copy, use, disseminate or distribute in any way the content of the website, without Highbury Safika’s prior written consent. Should you wish to request permission to use any of our content (text, photographs, graphics, video and sound recordings, etc), please e-mail us at [email protected]
2. Highbury Safika Media 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 Highbury Safika Media is unable to check it for completeness or accuracy. Highbury Safika Media provides the content 'as is', without any warranties whatsoever. Highbury Safika Media 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, Highbury Safika Media 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:
1. To be eligible for the competition, participants or entrants must reside permanently in the Republic of South Africa, unless otherwise stated
2. Any requirements to be eligible for the competition in addition to the terms and conditions listed in this section will be clearly stated for each competition
3. The outcome of the competition is subject to the decision of the judge, photographer or organiser of the competition, whose decision is final and binding, and no negotiations and or correspondence will be entered into after the fact
4. The deadline or period for the competition or promotion is clearly stated on the competition page. No entries will be accepted after that date;
5. By participating in the competition, you agree to release and hold Highbury Safika Media harmless from any and all losses, harm, damages, rights, claims and actions of any kind in connection with the competition, promotion or special offer or resulting from the participation in any competition or acceptance, possession, use or receiving of any prize, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy;
6. Highbury Safika Media reserves the right, in its sole discretion, to cancel or suspend any competition or promotion;
7. The prize winner will be notified via e-mail or telephone call and information could be published in the respective Highbury Safika Media magazine or website;
8. Only one participant or entrant per household is entitled to winning one prize in any competition;
9. If the prize is not claimed within 30 days of the prize-winner being announced, the winner automatically forfeits the prize and Highbury Safika Media reserves the right to redistribute or dispose of the prize at its discretion;
10. Prizes may not be exchanged for cash or any other prize, nor are they transferable;
11. Participants or entrants must have attained the age of eighteen (18) at the time of the competition, unless otherwise stipulated;
12. No staff member of Highbury Safika Media and/or any of their affiliated companies or agencies, and members of their immediate family; nor staff members of the sponsors of any competition, or any of their affiliated companies or agencies, and members of their immediate family, may enter any of the competitions offered partly or in whole by Highbury Safika Media;
13. Highbury Safika Media and its sub-contractors are not responsible for lost, delayed, misdirected, unintelligible or incomplete electronic mail, telephone, electronic hardware and software program, network, internet and computer malfunctions, failures and difficulties, errors in transmission or any condition caused by events beyond the control of Highbury Safika Media which may cause the competition to be disrupted or corrupted. Highbury Safika Media is not liable for lost entries, regardless of the cause thereof;
14. Subject to sponsor conditions or other agreements, Highbury Safika Media undertakes to deliver prizes to respective winners only where such winners are located and reside within the geographical area defined by the specific competition. Winners resident or located anywhere outside of the defined area will be accountable for any costs incurred by the collection or receiving of any prize/s that they have won;
15. The participants or entrants entering or taking part in the competition authorise Highbury Safika media to publish or distribute any or all the details of the participant or entrant and or to take pictures of the participant or use the participant’s details or photographs in any advertising or promotional material without any liability on the part of Highbury Safika Media and or remuneration due to the participant or entrant;
16. Any violation or attempt to violate any of the above terms and conditions will result in the immediate disqualification of the participant or entrant;
17. Highbury Safika Media will not be held responsible for any mistakes or discrepancies contained in any special offer, promotion or competition and errors and ommissions are excluded;
18. Any terms and conditions relevant to any special offer, promotion or competition may not be amended except by publication in this document or in terms of a written document signed by Highbury Safika Media
19. The winner(s) consents to his/her name, biographical details and involvement in the competition being made available to the sponsors
20. You have a right to decline consenting to your name, biographical details and involvement in the competition being made available to sponsors. Should you wish to exercise this right, you shall do so by informing us within three days from you accepting these terms and conditions, via e-mail to [email protected], 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 three-day period, you shall be deemed to have consented.
6. Changes to this agreement
1. Highbury Safika Media 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.
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.
8. Plain and understandable language
You confirm that the provisions of this agreement are in plain and understandable language and that you understand the provisions contained herein.
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