THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE RUNNERS WORLD WEB SITE OR ANY PART THEREOF (THE RUNNERS WORLD WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU (THE USER) DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE USER MUST LEAVE THE RUNNERS WORLD WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND THE USER TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
DEFINITIONS AND INTERPRETATION
- a. References herein to the RUNNERS WORLD web site or content shall include any part thereof;
- b. References herein to User(s) means any person who access the RUNNERS WORLD web site, notwithstanding the fact that such a person only visited the home page of the RUNNERS WORLD web site;
- c. References herein to the singular includes the plural and vice versa; and
- d. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
1.1 RUNNERS WORLD is the South African edition of the World’s Leading Running Magazine, aimed at motivating and inspiring readers to live an active life through running.
2(A). ALLOWED USE AND LICENSE
- 2.1. RUNNERS WORLD licenses the User to view, copy, download and print the content of the RUNNERS WORLD web site, provided that:
- 2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
- 2.1.2 any reproduction of content from the RUNNERS WORLD web site includes the following copyright notice: © RUNNERS WORLD 2014. ALL RIGHTS RESERVED.
- 2.2 Content from the RUNNERS WORLD web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of RUNNERS WORLD.
- 2.3 Users may only access and use the RUNNERS WORLD web site for legal purposes.
- 2.4 Use of content from the RUNNERS WORLD web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
- 2.4.1 does not copy or provide the whole article, as it appears on the RUNNERS WORLD web site, but only provide a short summary of the contents of the article;
- 2.4.2 acknowledges RUNNERS WORLD as the source of the content;
- 2.4.3 provides a correct and working hyperlink to the source of the content or article on the RUNNERS WORLD web site;
- 2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the RUNNERS WORLD web site; and
- 2.4.5 includes the date upon which the content was sourced from the RUNNERS WORLD web site in the summary of the content.
- 2.5 The caching of the RUNNERS WORLD web site shall only be allowed if :
- 2.5.1 The purpose of the caching is to make the onward transmission of the content from the RUNNERS WORLD web site more efficient;
- 2.5.2 The cached content is not modified in any manner whatsoever;
- 2.5.3 The cached content is updated at least every 12 (twelve) hours; and
- 2.5.4 The cached content is removed or updated when so required by RUNNERS WORLD.
- 2.6 If any person uses content from the RUNNERS WORLD web site in breach of the provisions detailed herein:
- 2.6.1 RUNNERS WORLD reserves the right to claim damages from such person; and
- 2.6.2 RUNNERS WORLD shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
- 2.7 Hyperlinks to the RUNNERS WORLD web site from any other source shall be directed at the home page of the RUNNERS WORLD web site. RUNNERS WORLD shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the RUNNERS WORLD web site, if such content was accessed through a hyperlink not directed at the home page of the RUNNERS WORLD web site. Persons that wish to link to content beyond the home page of the RUNNERS WORLD web site shall do so at their own risk and undertake to indemnify RUNNERS WORLD against any loss, liability or damage that may result from content on the RUNNERS WORLD web site, if such content was accessed through a hyperlink not directed at the home page of the RUNNERS WORLD web site. RUNNERS WORLD’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- 2.8 Users may quote small and reasonable amounts of content available from the RUNNERS WORLD web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
- 2.9 No person may frame the RUNNERS WORLD web site, in any manner, without the prior written consent of RUNNERS WORLD.
- 2.10 Apart from bona-fide search engine operators and use of the search facility provided on the RUNNERS WORLD web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the RUNNERS WORLD web site for any purposes, without the prior written consent of RUNNERS WORLD.
- 2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by RUNNERS WORLD at any time without giving reasons therefore.
- 2.12 The Commerce Team at RUNNERS WORLD write about running products our readers may find useful. The aim is to highlight items and deals that may be beneficial to our readers, and if you purchase any of them, we get a small share of the revenue from our commerce partners. We also sometimes receive products and gear to test, but this does not drive our decision as to whether or not a product is featured or endorsed. The Commerce Team operates independently from our advertising sales department.
2(B). COMPETITION TERMS AND CONDITIONS
All competitions are conducted in accordance with the provisions of section 54 of the Lotteries Amendment Act, 2001, as amended.
By entering into any Media24 competition, entrants agree to the rules set out below.
- Competition are Not open to the following people:
- The directors, members, partners, agents, advertisers, employees or consultants of Media24, or any associated partner of the company
- The spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in a) above; and
- Anyone outside South Africa (unless otherwise stated)
- Prizes are not transferable and cannot be deferred or exchanged for cash.
- The competition draw will take place on the date as stipulated on the related competition page.
- Prizes will only be issued after the close of the competition.
- Winners may be required to appear in the magazine and website, or on television or radio, for which no fee will be payable.
- Entrants enter into the competition, and use prizes won, at their own risk. Media24 and / or any of its partners / advertisers cannot be held responsible for any accident, injury, harm or loss as a result of entry into the competition or use of a prize.
- Winners will be notified by email and/or telephone.
- Media24 reserve the right to cancel the competition without notice at any time, if deemed necessary in their opinion, or if circumstances arise outside of their control. In the event of such cancellation, all participants agree to waive any rights that they may have in terms of this competition and acknowledge that they have no recourse against Media24, their employees, agents, partners, sponsors or promoters.
- The judges’ decision is final and no correspondence will be entered into.
- No person may enter any competition within 90 days of winning.
- For competitions with prizes over the value of R5 000, only one fully completed entry per person will go into the draw.
- Any evidence of automated voting (using bots, algorithms etc) will render entries ineligible.
- Media24 will endeavour to contact prize winners for seven days following their names having been drawn. If, however, that person cannot be reached, the prize will be forfeited and another winner selected. Please ensure that you provide the correct details.
- You will only be eligible to win once every three months in any competition run through Media24. A person winning a prize including international travel must be in possession of a valid passport.
Entries via SMS and Online:
SMS: All SMS entries are premium rated. Individuals may enter as many times as they wish via SMS. (Unless otherwise specifically stated)
Online: Only ONE entry will be accepted per person (unless otherwise specifically stated).
NOTE: Where SMS competition entries count as votes, people may still enter as many times as they wish and while all SMS’s will be recorded as entries into the draw for the prize, only ONE vote per person will be counted. So ten SMS’s will count as ten entries into the competition, but only as one vote for that specific person / thing.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
- 3.1 All intellectual property on the RUNNERS WORLD web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to RUNNERS WORLD and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the RUNNERS WORLD web site are expressly reserved.
- 3.2 “RUNNERS WORLD” is a registered trademark and Users agree not to use the RUNNERS WORLD trademark or the “24” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Media24 Ltd at the cost of the User.
4. SOFTWARE AND EQUIPMENT
- It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the RUNNERS WORLD web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
- Access to the services and content available from the RUNNERS WORLD web site is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and RUNNERS WORLD has the duty to disclose the following information:
- 5.1 The full name and legal status of the web site owner: RUNNERS WORLD, a division of Media24 Ltd, Reg. No. 1950/038385/06;
- 5.2 Street address: 4 Adderley Street, Absa Centre, Cape Town, 8000;
- 5.3 Postal address: PO Box 1802, Cape Town, 8000;
- 5.4 The web site addresses of the RUNNERS WORLD web site is: www.RUNNERS WORLD.co.za;
- 5.5 Membership of self-regulatory or accreditation bodies: RUNNERS WORLD is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
- 5.6 Codes of conduct to which the RUNNERS WORLD web site subscribes: RUNNERS WORLD’s editorial policy is aligned to practises of the constitution of the Republic of South Africa;
- 5.7 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the RUNNERS WORLD web site may be downloaded from:
- 5.8 Management: The identities and contact details of the RUNNERS WORLD management team are available from:
- 5.9 Management information of Media24 Ltd is available from:
- 5.10 Costs: Access to content on the RUNNERS WORLD web site is free to any person who subscribes to these terms and conditions. Access to some pages on the RUNNERS WORLD web site may be restricted to persons who registered through the “Sign me in” function and/or persons who are subscribers to the forum. Notwithstanding the a foregoing, RUNNERS WORLD may, in future, charge fees for access to the RUNNERS WORLD web site;
- 5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 5.11.1 access to the RUNNERS WORLD web site;
- 5.11.2 the inability to access the RUNNERS WORLD web site;
- 5.11.3 the services and content available from the RUNNERS WORLD web site; or
- 5.11.4 these terms and conditions,
- shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site:
- 5.12 Cooling-off period: As far as practically possible, Users have the right to return services provided from the RUNNERS WORLD web site within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
- 5.13 User may lodge complaints concerning the RUNNERS WORLD web site with RUNNERS WORLD, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
- RUNNERS WORLD expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- 6.1 change these terms and conditions;
- 6.2 change the content and/or services available from the RUNNERS WORLD web site;
- 6.3 discontinue any aspect of the RUNNERS WORLD web site or service(s) available from the RUNNERS WORLD web site; and/or
- 6.4 change the software and hardware required to access and use the RUNNERS WORLD web site.
We strive to provide you with a dynamic, interactive experience on all our Platforms. It is our aim to keep you informed and entertained by presenting you with the latest and most relevant news and content.
INFORMATION WE COLLECT AND RECEIVE
We collect and receive information about you in the following ways:
1 Information you give us
This includes any information that you provide to us directly, whether through our Platforms or via phone, sms, fax or any other medium, this may include information you give to us:
- when you fill in forms on our Platforms, such as when you sign-up for an account or when you subscribe or register to use services on our Platforms;
- when you enter a competition, promotion or complete a survey;
- when you post comments or content on our Platforms;
- when you purchase one of our products or services;
- when you contact us and when you otherwise provide information directly to us.
2 Information we collect or receive when you use our Platforms, products or services
We collect information when you use our Platforms or services by using cookies, web beacons and other technologies. Depending on how you access and use our Platforms, we may receive:
- Log information (for example information about your interactions with our Platforms and other services you use, the content you view and the search queries you submit);
- Information we infer about you based on your interaction with our products and services;Device information (for example the type of device you’re using, how you access our Platforms, your browser or operating system and your Internet Protocol (“IP”) address);
- Location information (for example, your device’s GPS signal and information about nearby WiFi networks and cell towers. We get this information when you use location-enabled services).
3 Information from third-party sources
We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you as described above. We may also receive information about you when you choose to connect with social networking services while using our Platforms.
HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE
We use the information we collect and receive for the following general purposes:
1 To provide you with information, products or services you request from us.
2 To communicate with you. We may want to notify you about changes to our Platforms or provide you with information about competitions, products or services that we feel may interest you.
3 To be effective and relevant in the services we provide you. We want to ensure that content from our Platforms is presented to you in the most effective manner for you and for the device you use. One of the ways we do this is by analysing information we collect and receive from you in order to determine what you might be interested in. This helps us develop more engaging content and provide advertising that is more suited to you and more effective for advertisers, which enables us to keep most of our services free.
4 To provide effective advertising. Many of our Platforms are supported by advertising. We want to enhance our users’ experience by serving ads that may be useful to them. Some of the ways we do this are by:
- showing you ads based on your online activities, such as the websites and apps you use or the content you viewed, as well as data we have collected about you, data that you have provided to us, or data that we have received from third-party sources;
- limiting the number of times you see the same ad; and
- measuring the effectiveness of the ads we serve.
- To provide customer services, including to create and manage user accounts, to resolve technical difficulties and to enable features;
- To enforce our Terms and to combat fraud and abuse.
HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE
We don’t sell your personal information to third parties for their marketing purposes.
We may share information with:
- Our affiliates, in other words, other companies in the Naspers group of companies. Naspers consists of a number of different companies, including Media24, that all collect customer information. By sharing this information amongst business units, we may learn more about our customers, allowing us to create a more relevant and engaging customer experience. For more information about the Naspers group visit naspers.com.
- Business partners. We may share non-personal informationwith select business partners. This means that we do not disclose information about identifiable individuals to our business partners (in other words, we do not give them your name and contact details), but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their ad on any given day). We may also use such aggregate information to help our business partners reach the kind of audience they want to target.
- Other parties in response to legal process or when necessary to conduct or protect our Platforms. We may disclose your information if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our Platforms. We may also disclose your information during the process of debt collection, or to our attorneys in connection with any potential, threatened or actual litigation, or to our auditors for the purpose of auditing our accounts.
- Other parties in connection with certain business transactions. In the event that we sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets, with whom we will have appropriate confidentiality agreements in place.
- Companies that provide services to us. Companies that provide services to us or act on our behalf (“Service Providers”) may have access to information about you. Service providers are limited in their ability to use information they receive from us or you.
- Third-parties where you provide consent. In some cases, third-parties (often advertisers), may wish to attain information about you in order to promote their products to you, or for whatever other reason. We may share personal information with third-parties where you provide consent in the form of explicit opt-in. Such circumstances may include (but are not limited to) an entry into a competition sponsored by a third-party where the provision of your information is a condition for entry to the competition, or where you express your interest in a product or service for which you would like more information.
We will also ensure that your opt-in is explicit and that we provide a clear description of what data would be shared with the third-party. Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data; therefore, be sure to investigate their privacy policies before providing permission for us to share your information.
INFORMATION THIRD PARTIES MAY COLLECT
Some of the content, advertising, and functionality on our Platforms may be provided by third parties that are not affiliated with us. Such third parties include:
- advertising providers, which help us and our advertising customers provide ads that are tailored to users’ interests and understand how users respond to those ads;Audience-measurement companies, which help us measure the overall usage of our Platforms and compare that usage to other online services; and
- Social networking services (like Facebook, Twitter, LinkedIn, Instagram) that enable you to register and log into certain of our services and to share things you find on our Platforms with your social network. This is only applicable if you choose to connect with a social networking service; we may provide other registration and login methods.
You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We manage a number of separate distribution lists across the various Media24 business units, each having its own theme and purpose. Opting out of only one distribution list does not automatically remove you from all other lists. You cannot opt-out of routine service correspondence from us, because then we would not be able to provide services to you.
Third party choice. Many of our third party advertiser partners may offer a choice to opt-out of customised advertising through the Network Advertising Initiative or the Digital Advertising Alliance. Visit the Network Advertising Initiative (US) and the Digital Advertising Alliance – DAA (US), EDAA (EU), DAAC (Canada), ADAA (AU/NZ) to see your opt-out choices from other participating companies.
OUR COMMITMENT TO SECURITY
Although no one can guarantee the security of the information collected and received, we do employ a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this.
LINKS TO OTHER WEBSITES
Our Platforms contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects personal information.
Media24 is based in South Africa, and, regardless of where you use or access our Platforms, products, or services, your information may be transferred to and maintained on servers located in South Africa (or elsewhere in the world where we rely on service providers to support our products). Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.
8. HYPERLINKS TO THIRD PARTY SITES
- RUNNERS WORLD may provide hyperlinks to web sites not controlled by RUNNERS WORLD or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. RUNNERS WORLD does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
- 9.1 RUNNERS WORLD shall take all reasonable steps to secure the content of the RUNNERS WORLD web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, RUNNERS WORLD does not make any warranties or representations that content shall be 100% safe and secure.
- 9.2 RUNNERS WORLD is under no legal duty to encrypt any content or communications from and to the RUNNERS WORLD web site and is also under no legal duty to provide digital authentication of any page on the RUNNERS WORLD web site.
- 9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the RUNNERS WORLD web site or the server and computer network that support the RUNNERS WORLD web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the RUNNERS WORLD web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold RUNNERS WORLD harmless against any and all liability, damages and losses RUNNERS WORLD and its partners / affiliates may suffer as a result of such damaging code.
- 9.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by RUNNERS WORLD and its partners / affiliates. The ECT Act may be downloaded from:
10. DISCLAIMER AND LIMITATION OF LIABILITY
- 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, RUNNERS WORLD (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- 10.1.1 access to the RUNNERS WORLD web site;
- 10.1.2 access to web sites linked to the RUNNERS WORLD web site;
- 10.1.3 inability to access the RUNNERS WORLD web site;
- 10.1.4 inability to access web sites linked to the RUNNERS WORLD web site;
- 10.1.5 content available on the RUNNERS WORLD web site;
- 10.1.6 services available from the RUNNERS WORLD web site;
- 10.1.7 any other reason not directly related to RUNNERS WORLD’s gross negligence.
- 10.2 The RUNNERS WORLD web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with RUNNERS WORLD, that the content and services available from and through the RUNNERS WORLD web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
- 10.3 Information, ideas and opinions expressed on the RUNNERS WORLD web site should not be regarded as professional advice or the official opinion of RUNNERS WORLD and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the RUNNERS WORLD web site.
- 10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor RUNNERS WORLD shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
- 10.5 RUNNERS WORLD sources content from various third parties and does not editorially control the content provided by such third parties and RUNNERS WORLD only serves as an electronic distribution platform for such third party content. Therefore RUNNERS WORLD shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the RUNNERS WORLD web site not created by RUNNERS WORLD or its employees.
- 10.6 RUNNERS WORLD does not make any warranties or representation that content and services available from the RUNNERS WORLD web site will in all cases be true, correct or free from any errors. RUNNERS WORLD shall take all reasonable steps to ensure the quality and accuracy of content available from the RUNNERS WORLD web site.
- 10.7 RUNNERS WORLD does not make any warranties or representations that the RUNNERS WORLD web site will be available at all times. Users acknowledge that the RUNNERS WORLD web site may be unavailable due to updates or other causes beyond the reasonable control of RUNNERS WORLD, including, but not limited to virus infection, power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
- Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the RUNNERS WORLD web site to RUNNERS WORLD and RUNNERS WORLD undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
- These Terms and Conditions of Use constitute the entire agreement between RUNNERS WORLD™ and you, the user of this website. Any failure by RUNNERS WORLD™ to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
- 12.1 Users may post their personal opinions, messages and ideas to the RUNNERS WORLD web site and discussion forums available on the RUNNERS WORLD web site.
- 12.2 Users undertake not to post content to the RUNNERS WORLD web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and RUNNERS WORLD reserves the right to remove such content in terms of clause 11 above.
- 12.3 RUNNERS WORLD does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
- 12.4 The User indemnifies and holds RUNNERS WORLD harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the RUNNERS WORLD web site.
13. INTERCEPTION OF COMMUNICATIONS
- 13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to RUNNERS WORLD’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the RUNNERS WORLD web site or its staff and employees. The RIC Act may be downloaded from:
- 13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.
14. ENTIRE AGREEMENT AND SEVERABILITY
- 14.1 These terms and conditions constitute the entire agreement between RUNNERS WORLD and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by RUNNERS WORLD from the User.
- 14.2 Any failure by RUNNERS WORLD to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- 14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
- 15.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the RUNNERS WORLD web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
- 15.2 data messages (as defined in the ECT Act) addressed by the User to RUNNERS WORLD shall only be deemed to have been received by RUNNERS WORLD if RUNNERS WORLD responds thereto;
- 15.3 data messages (as defined in the ECT Act) addressed to the User by RUNNERS WORLD shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
- 15.4 data messages (as defined in the ECT Act) addressed by the User to RUNNERS WORLD shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
- 15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and RUNNERS WORLD; and
- 15.6 the User agrees and warrants that data messages that are sent to RUNNERS WORLD from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
- The RUNNERS WORLD web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the RUNNERS WORLD web site, its content, services and these terms and conditions.
17. LEGAL COSTS
- RUNNERS WORLD shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© Media24. These terms and conditions may not be used or reproduced without the prior consent of Media24 Ltd