Tuesday, 12 December 2017

Terms

  1. About Amoda Publishing (Pty) Ltd (“Amoda Publishing”)Amoda Publishing is the publisher of amoda magazine in South Africa and the proprietor of this website. amoda Publishing is registered as a private company in terms of the company laws of South Africa.
  2. This agreement regulates your use of Amoda Publishing’ amoda website, www.amoda.co.za which is owned and operated by Amoda Publishing (the “Website”). By accessing and using the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to be bound by this agreement, you may not access, display, download, post and/or otherwise distribute any content or copy available on the Website.
  3. Personal information about you
    1. Amoda Publishing will receive various types of information from users who access the Website. This information will include information such as the IP address of your computer but will not include your email address or any other personal information about you, (unless this is specifically provided to us by you). This information is used by us to measure the use of the Website such as the number of visits, average time spent on the Website and the pages viewed. We will use this information to improve the content of the Website. Because of the nature of this information, we do not have to keep it confidential and may distribute, copy and use it as we require.
    2. Information you provide to us for posting to the Website, including but not limited to discussion forums:
      1. By posting anything (text, photographs, graphics, video and sound recordings, etc) on the Website, you agree to Amoda Publishing using it on the Website as we deem appropriate and that no payments will be made to you for such usage. Amoda Publishing will, however, not be obliged in any way whatsoever to make such material available on the Website. You hereby grant us all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion. We will try to credit you as the source of the information, where possible.
      2. You warrant that anything that you post to the Website will not contain any material:
        • that contains any obscene, indecent or offensive language;
        • that is false, defamatory, abusive, harassing or hateful;
        • in respect of which another party holds the rights (without the necessary permission to do so);
        • which is encrypted, constitutes junk mail or unauthorised advertising;
        • that invades anyone’s privacy; and/or
        • that encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any South African or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
      3. You agree not to attempt gain access to Amoda Publishing’ server by any means whatsoever or to disrupt or interfere with the running of the Website, including its software, or other party’s use of the Website.
      4. In relation to discussion forums, the following general principles apply in relation to material you provide, you shall not:
        • post libelous or defamatory comments;
        • post anything relating to any ongoing or pending trial;
        • post content (text, photographs, graphics, video and sound recordings, etc) which you have copied from someone else (i.e. to which you do not own the copyright);
        • use profanities;
        • post a personal insult about another user;
        • advertise or solicit; and
        • impersonate another user.
      5. It is not possible for Amoda Publishing to review all material posted to the Website prior to it being made available on the Website. Should Amoda Publishing become aware that any content you post to the Website is not in accordance with the principles of this agreement, Amoda Publishing shall be entitled to remove such content immediately, in its sole discretion. If you are of the view that any content posted to the Website violates the principles of this agreement, please email us at online@amoda.co.za.
      6. Amoda Publishing accepts no liability for any content posted to the Website by a third party and you shall remain responsible for the accuracy of any content you post to the Website.
      7. You acknowledge that you are aware that a breach of the warranties contained in this clause is likely to cause Amoda Publishing to suffer harm, both financial and otherwise. Accordingly, you hereby indemnity Amoda Publishing in respect of any liabilities, claims, demands, actions, costs on the attorney and own client scale, damages and loss arising from the reliance of content provided on the Website by you or from the non-availability of the Website for any reason whatsoever.
      8. Information we will request from you:
        • Should we request personal information from you, we will advise you as and when we request such information. However, we do not give your personal information to anyone else nor do we allow anyone else to access it. You may choose not give us any personal information if we request it. If you provide any personal information to us, once you have provided this information you can check the accuracy of such information on our system by emailing us at online@amoda.co.za.
        • We keep detailed records of the information you give us for a period of a year after the date on which you provide it to us. If the information becomes obsolete, we delete it from our system.
        • We will take reasonable steps to ensure that your personal information is kept secure.
  4. Use and access to content on the Website
    1. Amoda Publishing holds the rights necessary to enable it to make the content contained on the Website available on the Website. This content is protected by South African and international copyright laws. All rights in and to the content on the Website (including copyright, throughout the universe, for all purposes, in all media, whether now known or hereafter devised and for the life of the copyright and any extensions and renewals) is retained by Amoda Publishing and nothing in this agreement shall be interpreted to mean that you acquire any of these rights. You may not use this content, other than by retrieving and displaying it on a computer screen, without the prior written permission of Amoda Publishing to do so. Should you wish to request permission to use any of our content (text, photographs, graphics, video and sound recordings, etc), please email us at online@amoda.co.za.
    2. Amoda Publishing uses reasonable endeavours to ensure that the content on the Website is accurate and complete. However, some of the content contained on the Website is provided by third parties and Amoda Publishing is unable to check it for completeness or accuracy. Amoda Publishing provides the content “as is”, without any warranties whatsoever. Amoda Publishing shall not be responsible, in any way whatsoever, for any liabilities, claims, demands, actions, costs, damages and loss arising from the reliance of content provided on the Website or from the non availability of the Website for any reason whatsoever. In particular, Amoda Publishing shall not be liable for any consequential loss.
  5. Competitions and Prizes
    The following rules shall apply to all competitions, unless other rules are specifically provided in relation to a competition:The judges’ decision is final and no correspondence will be entered into.Indemnity

    1. Staff of Amoda Publishing and affiliated companies, prize sponsors and their advertising agencies and families may not enter the competition.
    2. The prize is non-transferable and may not be converted into cash.
    3. All entries must be submitted in English only.
    4. Entrants must be resident in South Africa.
    5. Prize allocation to be provided in accordance with the allocated project budget. If any advertiser/affiliate with whom Amoda Publishing works in relation to a prize fails or neglects to provide the prize, then it shall not be exchanged for cash but a suitable replacement prize, to be determined at the sole discretion of Amoda Publishing, shall be provided.
    6. If the winner is under 18 years of age, the legal guardian’s written consent is required.
    7. The winner(s) consents to his/her name, biographical details and involvement in the competition being made available to the sponsors, for publicity and prize delivery purposes.
    8. Amoda Publishing accepts no responsibility for any problems resulting in lost entries.
    9. Winners use the prize at their own risk. Amoda Publishing shall not be liable for any loss, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence, including gross negligence) in connection with this competition or accepting or using the prize.
    10. Entrants will be deemed to have accepted these rules and agreed to be bound by them when entering. These rules are legal and binding upon entrants.
    11. Amoda Publishing reserve the right to cancel, modify or amend the competition at any time, if deemed necessary in its opinion and if circumstances arise outside of their control.
    12. The winner agrees to be photographed for and to appear in a feature in Amoda Publishing in relation to the competition.
    13. You are hereby notified that you have a right to decline consenting to your name, biographical details and involvement in the competition being made available to sponsors in terms of clause 7 above. You further have the right to decline being photographed for and to appear in a feature in Amoda Publishing in terms of clause above. Should you wish to exercise either or both of these rights, you shall do so by informing us online@amoda.co.za, in which e-mail you shall provide us with particularity of the rights which you wish to exercise. Should you not inform us that you intend exercising these rights within the above 3 day period, you shall be deemed to have consented to clauses h and m above.
  6. You hereby indemnify Amoda Publishing and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and hold them harmless from any and all claims, demands and liabilities (including legal fees on the attorney and own client scale) that may arise from your submissions or provision of content, from your unauthorised use of material obtained from the Website, from your breach of this Agreement, or from any such acts arising through your use of the Website or any other violation of the rights of another person or party.
  7. Law applying to this agreementThe Website is operated, controlled and administered by Amoda Publishing from its offices within the Republic of South Africa. If you are accessing the Website from outside of South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa.
  8. This is the whole agreementThis agreement constitutes the sole record of the agreement between us and supersedes all previous agreements. Neither of us shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this agreement.
  9. Changes to this agreementNo Waiver
    1. Amoda Publishing may change this agreement from time to time and we reserve the right to do so. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website will be deemed to be an acceptance by you of agreement to these amendments.
    2. Other than the variation of this agreement by us placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.
  10. No relaxation or indulgence which either of us may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.
  11. SeverabilityShould any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain of full force and effect.
  12. Plain and Understandable LanguageYou confirm that the provisions of this agreement are in plain and understandable language and that you understand the provisions contained herein.