1. Definitions and Interpretation
In the terms and conditions, the following terms bear the following meanings –
1.1 “ECT” means the Electronic Communications And Transactions Act, No 25 of 2002;
1.2 “this Website” means the website owned and operated by TNA Media (Pty) Ltd, located at http://www.tnamedia.co.za, including any page, part or element thereof;
1.3 “TNA” means TNA Media (Pty) Ltd, the proprietors of the New Age;
1.4 “PAIA” means the Promotion of Access to Information Act, No 2 of 2000;
1.5 “RICA” means the Regulation of Interception of Communications Act, No 70 of 2002;
1.6 “You” means you, being any person who accesses or uses this Website, notwithstanding the fact that such a person only visits the home page or any other page of this Website;
1.7 References herein to the singular includes the plural and vice versa. Terms defined in the ECT, but not defined herein bear their meanings as defined in the ECT. References to legislation are to such legislation as amended, re-enacted or substituted from time to time.
In the terms and conditions, the following terms bear the following meanings –
2.1 This Website is an online news service provided by TNA which provides relevant and breaking news and analysis from around the world. TNA provides comprehensive coverage of news, business, sport, entertainment and other major interest areas from local, regional, national and international perspectives
2.2 This Website is comprised of information and content, which includes but is not limited to news, advertisements and commentary fora provided by New Age and authorized third parties.
3. Acceptance of these Terms and Conditions
In accepting these terms and conditions you undertake that –
3.1 you shall be bound to these term and conditions and such agreement is concluded in Midrand, Republic of South Africa at the time you first enter this Website
3.2 your data messages shall be deemed to have been created and sent by you from within the Republic of South Africa; your data messages to TNA shall only be deemed to have been received if and when responded to; data messages that are sent to TNA from a device or IP address, normally or previously used by or owned by you, will be sent and/or authorised by you personally.
4. Allowed use and license
4.1 TNA licenses you to view the content of this Website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only.
4.2 You may quote limited, reasonable amounts of content available from this Website and only if such a quote is placed in inverted commas and suitably acknowledged. In instances where you download content from this Website, it is required that you obtain the prior written consent from TNA.
4.3 Content from this Website may not be used or exploited by you for any commercial or non-personal purposes without the prior written consent of TNA.
4.4 You may only access, browse and use this Website for lawful, personal purposes and you may not use this Website for: harmful purposes; iIlegal purposes; disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or the creation, storage and sending of unsolicited commercial communications.
4.5 The caching of this Website shall only be allowed if: the purpose of the caching is to facilitate the efficient onward transmission of the content from this Website; the cached content is not modified in any manner whatsoever; the cached content is updated at least every 2 (two) hours; and if the cached content is removed or updated when so required by TNA time to time.
4.6 If you use content from this Website in breach of the terms herein, TNA reserves the right to: claim damages from you; institute criminal proceedings against you. TNA shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by you or any third party who obtained any such content from you.
4.7 No person may, without the prior written consent of TNA, frame this Website (provide a deep link) in any manner whatsoever.
4.8 Email addresses, names, telephone numbers, and fax numbers provided on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given nor should be implied that information on this Website may be used to communicate unsolicited communications to TNA and all rights specified in Section 45 of the ECT are reserved.
4.9 All licenses and/or permissions granted herein by TNA to you are provided to you on a non-exclusive and non-transferable basis and may be terminated or cancelled by TNA at any time without prior notice or reasons.
5. Intellectual property rights
5.1 All intellectual property on this Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, metatags, databases, text, graphics, icons and hyperlinks are the property of, or licensed to, TNA and as such, are protected from infringement by provincial, national and international legislation and sovereign treaties.
5.2 No person may use logos, icons, or trade marks from this Website as hyperlinks or for any other purpose without TNA’s prior written consent.
6. Software and equipment
6.1 It is your responsibility to acquire and maintain, at your own expense, the necessary device hardware, software, and internet access arrangements required to access the Internet and this Website.
7.1 TNA reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification: change these terms and conditions; change the content and/or services available from this Website; discontinue any aspect of this Website or service available from this Website; and/or change the software and hardware required to access and use this Website. It shall be your duty to view these terms and conditions to check for amendments every occasion you visit this Website.
8. Hyperlinks to Other Websites
8.1 TNA may provide hyperlinks to websites not controlled by TNA (“Other Websites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such Other Websites.
8.2 TNA does not control, nor necessarily influence, the editorial content, products, and/or services on Other Websites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use, or content available on or through Other Websites
9.1 TNA shall take all reasonable steps to secure the content of this Website and the information provided by and collected from you from unauthorised access and/or disclosure. However, TNA does not grant any warranties or make representations that such content shall be safe or secure.
9.2 TNA is under no legal duty to encrypt any content or communications from and to you and is also under no legal duty to provide digital authentication of any pages on this Website.
9.3 You may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots, or spyware, to this Website or the server and computer network that support this Website.
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to this Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold TNA harmless against any and all liabilities, damages, risks and losses that TNA and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.5 You may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on this Website and TNA reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
10. Disclaimer and limitation of liability
10.1 TNA (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: access to this Website; access to Other Websites; inability to access this Website; the inability to access Other Websites; content available on this Website; services available from this Website; any other reason not directly related to TNA’s gross negligence.
10.2 This Website is provided on an “as is” basis and has not been compiled to meet your individual requirements.
10.3 Information, ideas, and opinions expressed on this Website should not be regarded as professional advice or the official opinion of TNA and you are encouraged to consult professional advice before taking any course of action related to the information, ideas, or opinions expressed on this Website. TNA will not be liable in any manner whatsoever for monetary loss, loss of life, injury or damage to any person or thing which may occur as a result of the use of the information, ideas and opinions.
10.4 TNA does not make any warranties or representation that content and services available from this Website shall in all cases be free from any errors. TNA shall take all reasonable steps to ensure the quality and accuracy of content available from this Website.
10.5 TNA does not make any warranties or representations that this Website shall be available at all times. You acknowledge that this Website may be unavailable due to updates or other causes beyond the reasonable control of TNA, including, but not limited to virus infection, unauthorised access (hacking), power failure or other force majeure events.
11. Comments, complaints and correction of content
11.1 TNA does not edit nor scan comments posted by you or data messages from you to TNA or this Website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic, or harmful postings.
11.2 You may lodge complaints concerning this Website with TNA at firstname.lastname@example.org.
11.3 You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from this Website to TNA at email@example.com, if you provide sufficient and reasonable grounds to prove the offensive nature of such content TNA shall consider correcting and/or removing such content or any part thereof.
12.1 Subject to the provisions of RICA you agree to TNA’s right to intercept, block, filter, read, delete, disclose and use all communications (including all data messages) sent or posted by you to this Website, TNA’s staff and employees.
12.2 You agree and acknowledge that the consent provided by you herein satisfies the “writing” requirement as detailed in the ECT and the RICA.
12.3 TNA shall take all reasonable steps to protect your personal information as contemplated in PAIA.
12.4 TNA may electronically collect, store and use your personal information (i.e. name; address; contact details; non-personal browsing habits and click patterns; e-mail address; IP address).
12.5 TNA may collect, store and use your personal information for the following purposes: communicating requested information to you; providing services to you as requested by you; authenticating you; providing you with access to restricted pages on this website; and compiling non-personal statistical information about browsing habits, click-patterns, and access to this Website.
12.6 Your personal information may be collected either electronically by using cookies or as provided voluntarily by you. You may determine cookie use independently through your browser settings.
12.7 TNA may collect, maintain, save, compile, share, disclose and sell any information collected from you, subject to the following provisions: TNA shall not disclose your personal information unless you consent thereto.
12.8 TNA shall disclose personal information without your consent only through due legal process.
12.9 TNA may compile, use and share any information that does not relate to any specific individual.
12.10 TNA owns and retains all rights to non-personal statistical information collected and compiled by TNA.
13. Entire agreement and severability
13.1 These terms and conditions constitute the entire agreement between TNA and you.
13.2 Any failure or delay by TNA 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 or condition shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable.
14. Applicable and Governing law
14.1 This Website is hosted, controlled, and operated from the Republic of South Africa and, South African law enforced by the South African courts governs the use or inability to use this Website, its content, services, and these terms and conditions.
14.2 All disputes (including, but not limited to regarding access (or inability to access) this Website, and content available from this Website, or these terms and conditions) shall be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa and such arbitration proceedings shall be conducted in Sandton 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.
14.3 TNA shall not be liable for costs incurred by you to obtain professional advice relating to these terms and conditions.
Addendum A: TNA competition terms and conditions
1. The New Age’s decision is final and no correspondence will be entered into.
2. No employee of The New Age, nor any of its affiliated companies and members of their immediate families; nor members of the sponsors of any competition, may enter.
3. Prizes are not transferable and/or negotiable.
4. Winner(s) names will be published in The New Age.
5. Prizes not collected/claimed within 30 days of being notified, will be forfeited.
6. Readers that have won a competition within the last 30 days in The New Age are not eligible to enter.
7. Entrant’s information can be used for marketing purposes.
8. Neither The New Age or any of its sponsors, affiliates and agencies, nor their employees, accepts any liability for any:
8.1 Oversight, ambiguity, error or omission, whether negligent or otherwise, which any of its employees, agents, affiliates or sponsors may commit in the running of the competition and the awarding of the prizes.
8.2 injuries, losses or damage sustained as a result of the use of the prize or participation in the competition.
9. Any violation or attempt to violate any of the above rules will result in the immediate disqualification of the transgressor.
Addendum B: Subscription Offers terms and conditions
From time to time, TNA Media offers special introductory subscriptions to readers in the form of vouchers or products. When such an offer is taken up, the person taking up the offer is bound by certain terms and conditions. Among these terms and conditions is a clause that states that, should a subscription be cancelled at any time before the expiry of the initial period of the subscription, TNA Media has the right to impose a reasonable cancellation penalty having regard to the benefits or discounts already received.