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Who’s Who website terms of use

Introduction

These terms of use

This is version 2.1 of these terms of use.  These terms of use were implemented on 28 March 2012.

You may access this website on condition that you accept these terms of use as they are and without modifications.  These terms of use are a binding contract between you and us so it is very important that you read them carefully and ensure that you understand and accept them.

If you access this website, we will take that to mean you have read and understand these terms of use and agree to them. If you do not agree with any provision contained in these terms of use, please do not access this website in any way.

We reserve the right, in our sole discretion, to, and you agree that we may, amend these terms of use at any time, in any way and from time to time.  We will publish the amended terms of use on this website.  These amendments shall come into effect immediately and automatically.

It is your responsibility to review these terms of use regularly and to ensure that you agree with any amendments to these terms of use.  If you do not agree with any amendments to these terms of use, you may no longer access this website. 

Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on this website.  None of these terms of use are intended to limit the rights the ECT Act grants you.

Important provisions pertaining to legal liability

These terms contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use.

It is therefore important that you familiarise yourself with these provisions before you access this website and that you not access this website if you do not agree to abide by those provisions.

Legal age and capacity

You may not access this website and may not accept these terms of use if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing this website under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you access this website.

By accessing this website and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use.

We may change aspects of this website

We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion.  You agree to this.

You are free to stop accessing this website at any time without notifying us.

Content accessible through this website may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or prevent underage users from accessing this content where it is within your control to do so.

This website will contain content that we, you and other visitors to this website create.  Some of this content will be directed to or appear on this website using 3rd party websites (which may include the providers).  Your use of those 3rd party websites is subject to both these terms of use and the terms of use applicable to those 3rd party websites (which may include the providers’ terms).  You agree that it remains your obligation to familiarise yourself with the 3rd parties’ terms of use (including, where appropriate, the providers’ terms) and to comply with both them and these terms of use.  In the event there is a conflict between these terms of use and a 3rd party’s terms of use (including, where appropriate, the providers’ terms), these terms of use shall prevail for the purposes of your access to this website.

Interpretation

These terms of use may contain a number of terms and phrases which have a specific meaning in this document.  In these terms of use, headings are for convenience and shall not be used in its interpretation.

Any reference in these terms of use to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

Unless we indicate to the contrary in these terms of use, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

Definitions

The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –

  1. “3rd party websites” means websites other than this website;
  2. “access” when used in the context of -
    1. a website (whether it be this website or a 3rd party website), means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
    2. content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content;
  3. “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, this website;
  4. “the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
  5. “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on this website;
  6. “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with this website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them;
  7. “losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees, whether on the scale as between attorney and own client or otherwise, tracing and collection charges, costs of investigation, interest and penalties);
  8. “Media24” means Media24 Limited, a Naspers subsidiary and a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa;
  9. “Naspers’ Associates” means officers, servants, agents or contractors or other persons in respect of whose actions we may be held to be vicariously liable;
  10. “post” means to upload, publish, transmit, share or store;
  11. “premium services” means paid services that grant this website’s subscribers additional features not available to users who make use of the freely available website offering;
  12. “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
  13. “terms of use” means these terms and conditions of use, as amended from time to time;
  14. “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
  15. “this website” means the Who's Who of Southern Africa website located at http://www.whoswhosa.co.za
  16. “you” and “user” means visitors to this website (“users” has a corresponding meaning);
  17. “us”, “we” and “Media24” means Media24 Limited, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa;
  18. “user/s” means, in the context of content or this website, anyone who accesses this website within the meaning of the term “access” above,

When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

All annexures, addenda and amendments to these terms of use form an integral part of these terms of use and, therefore, our contract with you.

Who's Who SA

Who's Who of Southern Africa (“Who's Who SA”) is an online information tool and professional networking platform. You can find out more about Who's Who SA on this website at http://whoswhosa.co.za/about.

“Who’s Who of Southern Africa” is a registered trade mark held by Media24.

How we create profiles

We incorporate a variety of public information into the databases that are available on this website.  This public information is made available to you and other users to facilitate richer and more complete profiles on this website.

We do generate profiles of and for individuals based, in varying degrees, on this public information. Those individuals may claim their profiles on this website and exercise control over those profiles subject to these terms of use. This means that anyone wishing to claim a profile on this website must contact us through this website and agree to these terms of use. We may require proof of identity (we will determine the form of this proof of identity at our discretion) in order to transfer control of a profile to a person claiming that profile.

In addition, articles appearing on a range of Media24 publications and/or websites including, but not limited to, News24.com may be linked to or otherwise associated with profiles where those articles mention the individuals profiled. We do not exercise editorial control over these articles or their links to or associations with profiles. In the event any person feels his or her rights are infringed by such articles, links and/or associations, that person may must contact us through this website and bring such an infringement to our attention.

We do not maintain this public information or have any control over its accuracy or completeness. We refer you to our disclaimers below and recommend that you carefully consider public information made available on this website in light of our disclaimers.

Claim your profile and report abuse or inaccurate information

Claim and edit your website profile to control your professional image.  Who’s Who SA is currently the leading source of information about noteworthy people in Southern Africa.

There is increased user profile hacking and abuse on social or professional networking platforms. We have adopted strict privacy guidelines and you can help us to protect your identity on this website by claiming or reporting abuse profile by clicking here.

Why it’s important to claim your profile or report abuse or inaccurate information?

  1. Manage your Web presence: Control your "professional brand" by creating an accurate, up-to-date online profile that can be found all in one place and edited regularly.
  2. Increase your visibility: Your Who’s Who SA profile is made available to major search engines for publishing online.
  3. Searchability: Recruiters, business associates and colleagues can access your profile to come to you with opportunities
  4. Network: Connect with or add colleagues to expand your professional network

Registration

You are required to register on this website if you wish to create a new profile and/or manage an existing profile. Registration is achieved using a registration form available on this website (whereby you grant permission to the providers to pass certain of your personal information to us to enable you to register on and participate in this website). When you register on this website you will be asked to select a user name and password which you will use to secure your account. Once registered you will be able to login to your account using the email address you signed up with and your password or your relevant account information with your preferred authentication service.

In order to successfully complete the registration process, you are required to submit information about yourself and your preferences to us (“registration data”).  The use of your registration data is dealt with in our privacy policy below.

You warrant that the registration data is accurate, current and complete (this includes registration data we may receive from the providers).  You will be denied access to this website should you breach this warranty or subsequently be found to have breached this warranty.

We will take steps to verify your registration data once you have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd parties (including, but not limited to the providers) which may be required to reasonably complete the verification process.  You acknowledge and agree that access to this website may be limited until such time as the verification process has been successfully completed.

Should you not agree to the verification process as contemplated above or withhold your consent, your access to this website, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to this website.

You agree that the security of your account is solely your own responsibility. You further agree that –

  1. you are responsible for maintaining and promptly updating the registration data and any other information you provide us with, thereby keeping it accurate, current and complete;
  2. if you believe that information or content posted to this website infringes on any person’s rights in any way, you will notify us immediately;
  3. if you believe the security of your registration on this website has been compromised in any way, you will notify us immediately;
  4. you shall be held fully responsible for any misuse or compromise to your account which we are not properly notified about; and
  5. if any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.

Premium Services

Premium services add features and/ or functionality to this website’s otherwise freely available features and are available to users who choose to subscribe for these premium services.

Premium services are described on this website, as well as information about fees payable for such premium services.

In the event you elect to subscribe to our premium services, you agree that we may store your payment information and, where you grant us your consent, make use of your payment information to renew your premium services subscription on the appropriate renewal date.

You also agree to pay the applicable fees for the premium services (including, without limitation, recurring fees for premium services accounts) as they become due as well as all applicable taxes.

Your obligation to pay subscription fees for the premium services continues through to the end of the subscription period during which time you cancel your subscription.

We may terminate your access to premium services without further notice to you in the event you fail to pay for the premium services.

Premium services users may manage their personal profile, their company’s profile, and/or client profiles on this website, once logged in, and may supplement their free profiles with additional information about themselves, their companies and/ or their clients. We take certain reasonable steps to review orders for premium services and confirm certain registration data before handing over control and the necessary access permissions to users to manage company and/ or client profiles on our site.

In the event you make use of our premium services to update and/or maintain a company or client profile on this website, you warrant that you are duly authorized to do so and agree that we may terminate your account on this website should we determine you to be in breach of this warranty.

Users’ code of conduct

You may not access the content or this website for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these terms of use.

You may not frame this website in any way whatsoever except as permitted by our website’s functionality or otherwise without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on this website as well as the providers’ terms. You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

  1. engage in any abuse of e-mail or spamming, including, without being limited to -
    1. the posting or cross-posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and
    2. inviting people who you may be connected to using 3rd party services to access this website where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing this website or other communications you send them from us);
  2. engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where we expressly authorise such activities in writing;
  3. take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through this website;
  4. use this website to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
  5. use this website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
  6. use this website in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others;
  7. use this website in any manner which could damage, impair, overburden or disable this website or interfere with any other party's access to this website;
  8. use this website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
  9. gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
  10. violate the privacy of any person or attempt to gain unauthorised access to this website or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
  11. otherwise use this website to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:

  1. without notice, suspend or terminate your access to this website;
  2. hold you liable for any costs we incur as a result of your misconduct; and/or
  3. notwithstanding our privacy policy referred to below, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Licenses

Our license to you

We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive licence to access the content on this website.  This licence is for the sole purpose of enabling you to access this website, in the manner permitted by these terms of use.  In the event we revoke this license, you may no longer access this website.

You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of this website or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.

Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use this website or otherwise transfer any part of your rights to use this website.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original content are retained and displayed without alteration or modification and not in any manner obscured or removed.

You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that content except where explicitly permitted to do so.

Caching of this website shall only be permitted if:

  1. the purpose of caching is to make the onward transmission of the content from this website more efficient;
  2. the cached content is not modified in any manner whatsoever;
  3. the cached content is updated at least every 12 (twelve) hours; and
  4. the cached content is removed or updated when we so require.

Your license to us

We do not claim any ownership rights in the content that you post to this website. You retain any rights that you may already have in your content when you post your content to or otherwise access this website, subject to the limited license you grant to us.

By posting any content on or through this website, you grant us an irrevocable, non-exclusive, commercial, fully-paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialise or otherwise distribute such content on or through this website including without limitation, distributing part or all of this website or content in any media formats and through any media, partners’ or affiliate channels and make use of the content in our advertising campaigns. The license you grant to us means that -

  1. you are free to license your content to anyone else in addition to us;
  2. we may make commercial use of your content or otherwise commercialise your content;
  3. we are not required to pay you for the use of the content you post to this website;
  4. we are able to use our affiliates, sub-contractors and other partners (such as Internet content delivery networks and wireless carriers) to grant access to this website; and
  5. the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can access the content from anywhere in the world.

General issues you should be aware of

Because you can only lawfully license content you have certain rights in, you represent and warrant that:

  1. you own the content you posted on or through this website or otherwise have the right to grant the license set forth in this section, and
  2. posting your content on or through this website does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.

You also agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any content you post on or through this website.

Privacy policy

We shall take reasonable steps to protect your personal information.  For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

We may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not access or register on this website). This personal information includes, but is not limited to, the following:

  1. name and surname;
  2. gender;
  3. birthday;
  4. education and employment histories, including -
    1. academic institutions you attended;
    2. qualifications you obtained;
    3. your opinion about yourself as a professional;
    4. descriptions about your positions;
    5. organisations you worked for or were engaged by;
    6. industries you have been involved in;
    7. positions you occupy and have occupied; and
    8. dates on which you were appointed or engaged;
  5. professional affiliations and associations;
  6. the services you may use on the Internet;
  7. address and contact details including your -
    1. your email address;
    2. country of residence;
    3. area or postal code; and
    4. birthplace;
  8. family information including your -
    1. parents’ names;
    2. spouse’s or partner’s name; and
    3. children’s details;
  9. miscellaneous biographical information about you including -
    1. interesting facts and noteworthy events;
    2. achievements; and
    3. other activities;
  10. personal preferences;
  11. non-personal browsing habits and click patterns; and
  12. IP address.

We collect, store and use the personal information described in order to (but not limited to the following) –

  1. enable you to create personal profile on this website and thereby access this website;
  2. enable you to make use of this website in the manner described on this website, from time to time;
  3. enable other website users to find you on this website and connect to you;
  4. communicate requested information to you, for example through user alerts;
  5. communicate information to you regularly, for example through newsletters;
  6. compile and maintain this website and member database;
  7. register and/or authenticate users of and/or visitors to this website;
  8. identify and take reasonable measures to prevent fraudulent uses of or access to this website;
  9. compile non-personal statistical information about browsing habits, click patterns and access to this website;
  10. attract advertisers by showing anonymised information about the database, for example demographics;
  11. track database size and growth; and
  12. track compliance of registrants and third parties with these terms of use.

The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by users of and/or visitors to the website.  You may determine cookie use independently through your web browser settings.

You may request details of your personal information which we collect, store and use.  The process you should follow is detailed in our Promotion of Access to Information manual, details of which are set out below.

Personal information collected from you may be deleted from this website and member databases when your account on this website is terminated for any reason. We may collect, maintain, save, compile, share, disclose and sell the personal information subject to the following:

  1. We shall not disclose personal information unless the person from whom the personal information is collected, consents thereto;
  2. We shall disclose the information without your consent only where we are compelled to do so by law; and
  3. We may compile, use and share any of the information that does not relate to a specific individual.

In the event that your personal information is inaccurately or incompletely reflected on this website, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information to enable us to address your concerns.

Software and equipment

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to access this website.

It is similarly your responsibility to back your data up and to ensure your data’s integrity when using this website.

LIABILITY

These terms of use contain provisions, which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use.

It is therefore important that you familiarise yourself with these provisions before you use this website and that you not use this website if you do not agree to abide by those provisions.

DISCLAIMERS AND LIMITATION OF LIABILITY

Your use of and reliance on this website is entirely at your own risk. This website is provided “As Is” and “As Available”.

To the fullest extent permissible by law, Media24 disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to this website (or this website itself, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on this website.

While we take reasonable precautions in our operation of the service, you agree that neither Media24 nor Naspers’ Associates shall be liable in respect of any losses however arising and whatever the cause, in particular pursuant to and in furtherance of these terms of use, your access to this website or from your inability to access this website.

We will use reasonable endeavours to make this website available to you, and keep this website available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to this website (either in part or as a whole) for any reason whatever.

INDEMNITY

You hereby indemnify Media24 and Naspers’ Associates from any losses due to or arising out of your use of this website or your breach of these terms of use.

Rights infringment

If you are of the view that your rights have been infringed through the unlawful use of this website by registrants or third parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

  1. the full names and address of the complainant;
  2. the written or electronic signature of the complainant;
  3. identification of the right that has allegedly been infringed;
  4. identification of the material or activity that is claimed to be the subject of unlawful activity;
  5. the remedial action required to be taken by the service provider in respect of the complaint;
  6. telephonic and electronic contact details, if any, of the complainant;
  7. a statement that the complainant is acting in good faith;
  8. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please either contact us on this website or address your communications to:

  1. Content Manager
  2. Email: info@whoswho.co.za

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary.  Such action may include, but is not limited to, removing the offending content from this website and/or suspension or termination of the offending registrant or third party.

DEALINGS WITH 3RD PARTIES

LINKS TO AND FROM THIS WEBSITE FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES (“LINKED WEBSITES”) DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH LINKED WEBSITES OR THEIR CONTENTS NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS.  YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS OF USE WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY.

WE HAVE NO CONTROL OVER LINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS LINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THIS WEBSITE IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

Arbitration

If any dispute arises between us regarding any provision of these terms of use, or its application or termination, then we agree that we will attempt to resolve our dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as we may agree to. 

In the event we are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.  Arbitration proceedings shall take place in Cape Town.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause.  We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.

Any award that may be made by the arbitrator -

  1. shall be final and binding;
  2. will be carried into effect; and
  3. may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

Governing law and jurisdiction

This website is controlled and maintained from our facilities in the Western Cape province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern this website and these terms of use.

You consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in respect of disputes which may arise out of your access to this website and these terms of use.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Legal service of documents and notices

We choose the addresses below for all communication purposes under these terms of use, whether in respect of court process, notices or other documents or communications of whatsoever nature.

We may monitor your communications

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using this website and/or to our staff and/or employees.

You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

Severability

Any provision in these terms of use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these terms of use, without invalidating the remaining provisions of these terms of use.

Termination

If you breach any of these terms of use, we may immediately, automatically and without notice to you, terminate your use of and access to our website, and/or prohibit your future access to use of our website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

Disclosures required by the ECT Act

Access to the content on or through this website and this website itself are classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:

Our full name and legal status:

 

Naspers Limited, a public company incorporated under the laws of the Republic of South Africa. Registration number:  1925/001431/06

Street address:

 

40 Heerengracht, Cape Town, 8000

Postal address:

 

PO Box 2271, Cape Town, 8000

Physical address for receipt of legal service:

 

11 Adderley Street, Cape Town, 8001

Main business:

 

Naspers is a multinational media company with principal operations in internet platforms, pay-television and the provision of related technologies and print media.

Website address:

 

http://www.naspers.com

Official email address:

 

info@whoswho.co.za

Membership of self-regulatory or accreditation bodies:

 

None

Codes of conduct to which we subscribe:

 

None

Governing terms of use:

 

These terms of use.

Manual in terms of the Promotion of Access to Information Act 2 of 2000:

 

Our Promotion of Access to Information Act manual can be found here.

Management:

 

Details of our management team can be found here.

Costs associated with the access to and use of this website:

 

Costs are detailed on this website.

Dispute resolution:

 

See above.

Cooling off period:

 

7 Days

Complaints process:

 

See clause above.

General terms

You agree that:

  1. you are bound by these terms of use;
  2. this agreement shall be deemed to have been concluded in Cape Town at the time you access this website for the first time;
  3. data messages addressed by you to us shall be deemed to have been –
    1. received if and when responded to;
    2. sent by you within the geographical boundaries of the Republic of South Africa;
  4. you shall be deemed to have been received data messages we address to you as detailed in section 23(b) of the ECT Act;
  5. electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
  6. as well as warrant that data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.

These terms of use constitute the whole agreement between you and us relating to your access to and use of this website.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms of use which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these terms of use nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and Media24 and you shall not hold itself out as the agent or partner of Media24 or as being in a joint venture with Media24.

Press Office

Terms and conditions governing the use of the Whos Who press release distribution and related service(s), hereafter referred to as the "Service":

THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR USE AND/OR ACCESSING OF THE WEBSITE (AS DEFINED IN SECTION 1 & 4 BELOW) AND CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF MEDIA24 HOLDINGS (PROPRIETARY) LIMITED AND IMPOSES LEGAL OBLIGATIONS ON YOU.  BY USING AND/OR ACCESSING THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS.  IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT.  PLEASE READ THESE TERMS CAREFULLY. 

  1. AVAILABILITY
    1. While we endeavour to ensure that the Website is available 24 hours a day, we shall not be liable, if for any reason the Website is unavailable at any time or for any period. 
    2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond our control.
  2. CONSUMER PROTECTION ACT NO 68 OF 2008
    1. If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. No provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 
      3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

    Access to the services and content available from the Website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 2002 ("ECT Act") and therefor users have the rights detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following information:

    1. The full name and legal status of the Website owner: Whos Who, a division of Media24 Ltd, Reg. No. 1950/038385/06;
    2. Street address: Naspers Centre, Heerengracht 40, Cape Town, 8000;
    3. Physical address for receipt of legal service: 11 Adderley Street, Cape Town, 8001 ;
    4. Main business: The main business of Whos Who is a Professional Network with ancillary services.
    5. The Core Website address of the Website is: www.whoswho.co.za
    6. Code of conduct to which the Website subscribes: Whos Who editorial policy is aligned to practises of the constitution of the Republic of South Africa;
    7. The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Website may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;
    8. Management information of Media24 Ltd is available from: http://www.media24.co.za
    9. Costs: Access to content on the Website is free to any person who subscribes to these terms and conditions. Access to some pages on the Website may be restricted to certain persons
    10. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
      1. access to the Website;
      2. the inability to access the Website;
      3. the services and content available from the Website; or
      4. these Terms,

      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

    11. You may lodge complaints concerning the Website with us, the Advertising Standards Authority or the Consumer Affairs Committee.
  4. USE
    1. You are responsible for the content and accuracy of all news copy and other information submitted by you to the Whos Who Press Office (and subsequently affiliates) or entered into the Service (the "Submitted Materials").
    2. Because of the volume of information and copy submitted to the Whos Who Press Office, Whos Who cannot be responsible for verifying facts contained in Submitted Materials.
    3. All Submitted Materials must follow Whos Who Press Office editorial guidelines which can be found at http://www.naspers.com/pdfs/access_eng.pdf and are subject to change at any time at Whos Who’s sole discretion.
    4. Whos Who reserves the right
      1. to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and
      2. to remove any press release from its web site, pull any press release from distribution or deny approval to any press release.
      3. Whos Who can only remove Submitted Materials from its network, and Whos Who makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the Whos Who Press Office network.
    5. Whos Who endeavours to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Whos Who will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Whos Who in this regard. If Submitted Material is not distributed within 30 days of the earlier of the
      1. date on which you enter such material or
      2. pay for the Service (even if you have not yet entered Submitted Material) for reasons other than a delay caused solely by Whos Who, then Whos Who's service to you concerning such Submitted Material and/or payment shall be considered complete, and Whos Who shall have no further obligation to you regarding such Submitted Material or in relation to such payment.
    6. All Submitted Materials transmitted by Whos Who must contain a user-supplied contact name, phone number and e-mail address that may be verified by Whos Who.
    7. Whos Who does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will deliver a news release via Whos Who, News24.co.za and alternative online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
    8. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any Whos Who systems without the express written consent of Whos Who.
  5. SUSPENSION, TERMINATION
    1. Whos Who may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, Whos Who reserves the right to suspend your access to the Service, without liability to you.
    2. AGREEMENTS IN TERMS THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
      1. No information or data on the Website is an offer but merely an invitation to do business.
      2. No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
  6. BILLING
    1. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide Whos Who with valid credit card information to use the Service. Whos Who reserves the right to modify its fees and charges and to introduce new charges at any time.
    2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only South African Income Tax. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: 11 Adderley Street, Cape Town, 8001
    3. You agree to provide Whos Who with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Whos Who reserves the right to terminate your access to the Service in addition to any other legal remedies.
    4. Unless otherwise agreed to by Whos Who, amounts will be billed in South African Currency: ZAR
  7. WARRANTIES; LIMITATION OF LIABILITY

    LIABILITY

    1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
    2. The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
    3. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
    4. Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Website.
    5. Submissions of content and postings of any kind posted to the Website or e-mail sent to the Website are not editorially controlled and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory content). 
    6. You represent and warrant to Whos Who that
      1. you have the right to deliver the Submitted Materials to Whos Who,
      2. you will comply with all applicable laws, rules and regulations, including but not limited to the Online Privacy Protection and laws relating to “spam”,
      3. Submitted Materials will not contain any content that is obscene, libellous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and
      4. Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.
    7. WHOS WHO MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM LEGISLATION, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. WHOS WHO DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
    8. IN NO EVENT SHALL WHOS WHO HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  8. MISCELLANEOUS
    1. Whos Who facilities are governed by South African Law
    2. Whos Who Press Office is a trademark or registered trademark of Whos Who of Southern Africa, and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Whos Who and its affiliates, licensors, and/or service providers. You shall not
      1. use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Whos Who; or
      2. modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Whos Who in connection with the Service. All rights not expressly granted to you herein are reserved by Whos Who of Southern Africa.
    3. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by Whos Who or its subsidiaries or affiliates. You agree not to
      1. defame or disparage Whos Who, its trademarks or service marks, or the Service; or
      2. adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
    4. You consent to receive communications from Whos Who concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Whos Who sends communications by notifying Whos Who in writing (which may be by email).
    5. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of Whos Who, Whos Who reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
    6. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
    7. Whos Who reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
    8. You acknowledge and agree that you and Whos Who are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
    9. The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
  9. INTERCEPTION OF COMMUNICATIONS

    Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, you agree to our right to intercept, block, filter, read, delete, disclose and use all communications send or posted by you to the Website or to our staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf 

  10. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI

    If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
    Street and Postal address
    11 Adderley Street, Cape Town, 8001

This work is © Paul Jacobson and is licensed under a Creative Commons Attribution No Derivative Works 2.5 ZA License.

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