1. ACCEPTANCE OF TERMS
SA MEN ("SA MEN") brings you this website ("Website") on condition you accept the following terms and conditions ("Terms and Conditions"). Your use of this Website constitutes your agreement to all such terms, conditions and notices.
2. COPYRIGHT
All Website design, text, graphics, and the selection and arrangement thereof, and all source code and all other material on this Website are the copyright of SA MEN or its content providers, unless otherwise expressly indicated. All rights reserved. You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use. No part of the Website or any material appearing on the Website may be reproduced or stored in or transmitted to any other web site. No material appearing on the Website may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of SA MEN or its content provider where applicable. Any other use of the material and content of the Website is strictly prohibited. You agree that you will not (and will not assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. CONTENT SUBMITTED TO THE WEBSITE
You acknowledge that SA MEN shall have the right (but not the obligation), subject to reader gallery submissions under clause 3.1, in its sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, SA MEN shall have the right to remove any Content that violates the Terms and Conditions or is in any other way inappropriate or objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You may not submit third party proprietary information to SA MEN without first obtaining permission from the owner. Any Content provided by you by, for example, posting messages to bulletin boards or chat forums, uploading files, inputting data, or engaging in any other form of communication through this Website, although owned by you, is subject to a royalty-free, perpetual, non-exclusive, world-wide licence allowing SA MEN to use, distribute, copy, sub-license, adapt, transmit, publicly perform or display any such content. You agree to irrevocably waive on your behalf in perpetuity in respect of such Content the benefit of any provision of law known as moral rights of authors or any similar law in any country.
3.1 CONTENT SUBMITTED TO READER LETTERS AND PRESS RELEASES
With respect to posting your letters and press releases on this Website (via the "Reader Letters" and "Submit Press Release" section), you grant SA MEN an irrevocable royalty free non-exclusive worldwide license allowing SA MEN to publish your content on this Website (or any website that may replace it) and in this Website's newsletter. SA MEN undertakes not to publish your content in any other publication without seeking your permission first.
4. LINK TO THIRD PARTIES
This Website may contain links to websites operated by parties other than SA MEN. Such links are provided for your convenience only. SA MEN does not control such websites, and is not responsible for their contents. SA MEN's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also enter into correspondence with or participate in promotions of advertisers on the Website. SA MEN in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of, third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. SA MEN assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.
5. MEMBER CONDUCT
You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SA MEN, are entirely responsible for all Content that you upload to, post on or otherwise transmit via this Website. SA MEN does not control all the Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
You further understand that this Website contains or will contain bulletin boards, chat areas, review sections and other interactive areas, and you agree to use the Website in a way that is proper and related to the Website. For example, you agree that when using the Website you will not:
Upload, post or otherwise transmit any Content that violates the rights of a third party or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another's privacy.. Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any SA MEN Site or any servers or networks connected to such SA MEN Site or another's computer, or any chain letters, pyramid-selling schemes, bulk mail or mails bombs or other such programs. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. Restrict or in any way inhibit any other user from using the Website. Use the Website in a manner that is inconsistent with these Terms and Conditions and/or not in accordance with all relevant laws and regulations or for any illegal purpose.
6. SA MEN PRIVACY POLICY
Pursuant to SA MEN's privacy policy, we may disclose to third parties certain aggregate information collected from you when you register or while you use the Website, provided that such information will NOT include personally identifying information, except as specifically authorised by you or in the good faith belief that such action is reasonably necessary to comply with the law, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. You should be aware that if SA MEN is requested by the police or any regulatory or governmental authority investigating suspected illegal actives, or upon receipt of a court order, to provide any personally identifying information or the contents of any email and/or information concerning your activities whilst using the Website, SA MEN shall do so. Also, SA MEN reserves the right to disclose personally identifying information to third parties where a complaint arises concerning your use of the Website, and that use is deemed by SA MEN to be inconsistent with these Terms and Conditions.
You agree that you do not object to SA MEN or such third parties contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002.
7. DISCLAIMER / LIABILITY
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and SA MEN hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, SA MEN shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, SA MEN shall not be responsible for any such Content posted by users in chat rooms or other community areas. All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of SA MEN.
Notwithstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. SA MEN will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by SA MEN or on its behalf, for: (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (b) any loss of goodwill or reputation; or (c) any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. You agree to indemnify SA MEN in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement.
8. ACCESS RESTRICTION
SA MEN reserves the right to deny in its sole discretion any user access to this Website, or any portion thereof, without notice..
9. ONLINE COMPETITIONS
The rules set out below ("Competition Rules") apply to each competition SA MEN runs on this site ("Competition"). By participating in each Competition the user as an entrant agrees to be bound by the Competition Rules (and any other rules which SA MEN tell you apply to the Competition) and by the decisions of SA MEN, which are final in all matters relating to the Competition. No correspondence will be entered into and SA MEN reserves the right to disqualify any entrant and/or winner in its absolute discretion.
No purchase is necessary to enter a Competition. Arrangements for the fulfilment of prizes may be made by a third party sponsor. SA MEN reserves the right in its sole discretion to substitute any and all prizes with prizes of comparable value. All entries must be received by the deadline for that Competition and late or incomplete entries will be disqualified. Proof of posting shall not be deemed proof of delivery. By you entering a Competition, if you are a winner, you grant SA MEN permission to use your name and likeness for advertising and future promotional purposes.
By you entering a Competition you: (a) grant to SA MEN the right free of charge to feature your competition entry on the SA Men Website (b) irrevocably and unconditionally waive on your behalf the benefit of any provision of law known as moral rights or any similar law in any country, save that SA MEN shall take all reasonable steps to ensure that you are credited as the author of the entry; (c) consent to SA MEN passing your name and address to any third party to deliver the prize or prizes to you.
Winner(s) will be notified by e-mail as soon as possible after the Competition draw/decision. For the names of the winner(s), please send an e-mail to competitions@samen.co.za specifying the Competition. If you are a winner, you may have to complete additional legal documents and return them to SA MEN within three working days of receipt from SA MEN. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any prize is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as SA MEN may impose. Winners are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description including those associated incidental expenses associated with claiming the prize.
SA MEN reserves the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to the employees of SA MEN or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors. Winner(s) of the Competitions agree that neither SA MEN nor its employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. No responsibility can be accepted for entries lost of delayed in transmission or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes.
10. GENERAL
These Terms and Conditions (as amended from time to time) constitute the agreement between you and SA MEN concerning your use of the Website and supersedes any previous arrangement, agreement, undertaking or proposal, written or oral between you and SA MEN in relation to such matters. No oral explanation or oral information given by either party shall alter the interpretation of these Terms and Conditions. You confirm that in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms and Conditions save that your agreement contained in this paragraph shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Terms and Conditions.
What law governs this Agreement?
The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa. This web site is owned, hosted and maintained within the Republic of South Africa. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
Consent to jurisdiction
The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.
Amendment of the terms and conditions of this Agreement
Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the top of this page. SA Men will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
Enforceability of this Agreement
In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement. These Terms of Use contain the record of the entire agreement between the user and SA Men. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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