- Welcome to the the new IOL (My.Independent) App. These are the terms and conditions (Terms) which govern your use of (1) the all of IOL (My.Independent)’s websites and any of the “IOL (My.Independent)” branded microsites, and (2) any of the IOL (My.Independent)app services available for use on a Mobile Device (platform).
- For the purpose of these Terms “Mobile Device” includes a Smartphone or other mobile or handheld device (such as a tablet) with an open operating system capable of exchanging data via 3G, 4G or wirelessly over a computer network (for example Apple OS iPhones, iPads, Kindle, Kindle Fire, Android OS phones tablets and Symbian OS phones and tablet devices).
- These Terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other Mobile Device or technology whether now known or developed in the future).
- You will be deemed to have agreed to be bound by these Terms when you use, access or browse the platform, register your details with us or subscribe for email or online services or send us an email.
- For the purposes of these Terms: “Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the platform from time to time (including, anything made available for download); “including” and its derivations mean “including, without limitation”; “material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images; and “Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the platform.
Changes to these Terms
- We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the respective digital platforms. Your continued use of the respective digital platforms after posting will be deemed acceptance of the changes.
- Should you wish to terminate the agreement following a material amendment to these terms, you may do on 30 days notice to INL and the old terms shall apply to you until termination of the agreement.
About us and our business
- The platform is operated by or on behalf of Independent Newspapers (“INL”, “we” or “our”). We are a company registered as Independent Newspapers (Pty) Ltd, 1989/004672/07, 6th Floor, Newspaper House, 122 St Georges Mall, Cape Town, 8001
- You can contact us by telephone on the Independent Media General Switchboard at 021 488 4911
- Access to our email services and to some areas of the respective digital platforms is restricted to users who have registered their details with us.
- You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the respective digital platforms and our email services.
- If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users.
- We may refuse or remove or suspend your registration at any time.
- We are the owner or the licensee of all intellectual property rights in the respective digital platforms the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the platform (including the Content and Trade Marks) in accordance with paragraph 6 below.
- Access and use of the platform:You may use the platform for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.
- You may not: download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the platform; nor reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor modify or adapt or create derivative works of the Content; nor utilise links to this website received as part of a paid-for media monitoring service; nor systematically forward links to this website within a business or outside a business for business purposes; nor copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
- Any such use of this respective digital platform or the content is prohibited without an appropriate licence. Please contact us at [email protected].
- If you wish to syndicate or licence any Content from this digital service, please email us at [email protected], or contact us by telephone on 021 488 4911.
- At all times when you are accessing, browsing or using or registering for use of the respective digital platform, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the respective digital platform. In particular, you must not use the respective digital platform in a manner or upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).
- At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the respective digital platform.
- At any time without notice and in our absolute discretion, we may remove or edit any Content on the respective digital platform.
- To the fullest extent permitted by law, in both cases none of INL, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the respective digital platform, email services or password.
Submission of Materials:
If you submit materials to us, you agree:
- To grant us a royalty free, worldwide, perpetual license to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, exercise publicity and copyright rights in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media;to any moral rights in the material submitted;that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your material; and that we may monitor your use of the respective digital platform and any communications made via the respective digital platform.
- In submitting material to us, you warrant that any material you submit: is your own original work and that you own the copyright and any other relevant rights; is not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
- We may choose to publish or not publish any material you submit to us and exercise our rights in relation to that material in our absolute discretion.
- We accept no liability for any content submitted by you or other users and third parties.
- We do not vet or pre-screen any material that you or other users and third parties have submitted to the respective digital platform, however we reserve the right to remove, at any time and without reason or prior notice or any liability any material submitted by you or other users and third parties.
Data Protection and Privacy
- Most of the online sales and other e-commerce services available via the respective digital platform are provided either by us as an agent for third party suppliers or directly by third parties via websites that are framed on the respective digital platform.
- For some goods and services we act as principal meaning that the resulting legal contract for the goods or services in question will be made directly between you and us. Where we act as principal, specific terms and conditions will apply to any resulting online sales and these will be drawn to your attention before the sale is complete. Where we act as agent for third party suppliers or where we frame third party websites, the following applies: the contract for the goods or services in question will be made directly between you and the relevant supplier. In most cases this will mean that there will be separate terms and conditions governing the contract as each supplier will have its own terms and conditions relating to the supply of those goods or services. Please make sure that you have read the relevant supplier’s terms and conditions before completing your transaction. You can obtain a copy of the relevant supplier’s terms and conditions by contacting the supplier directly; and we have no contractual liability to you in respect of the goods or services provided by the third party supplier. We may, however, still be liable to you if we have been negligent, if we have misrepresented important information or if we have been in breach of any other relevant law.
Third party links
- The respective digital platform contains hypertext links to third party websites.
- We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the respective digital platform, you do so entirely at your own risk.
Advertising and Sponsorship
- Parts of the respective digital platform contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the platform complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue.
- We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
- For more information about placing advertising or sponsorship on the respective digital platform please click here (separate terms and conditions apply).
- The respective digital platforms contain contextual affiliate links from which we may potentially earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product.
Promotions, competitions and prize draws
- From time to time we may run competitions, free prize draws and/or other promotions on the platform. Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time.
Exclusions and limitations of liability
- All information and/or data on the respective digital platform is provided on an “as is” basis.
- Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the platform or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
- We are not authorised registered Financial Services Provider of RSA. The information and/or data on the respective digital platform is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the respective digital platform: does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
- Neither INL nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the respective digital platform or that the platform and/or our operation of it, the Content or the server that makes the platform available are error or virus free or free of other harmful components or that your use of the platform and/or the Content will be uninterrupted.
- You agree that INL, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way and you unequivocally waive any claim arising from: interruption of business; or access or other delays, terminations, suspensions, denials or access interruptions to the platform; or data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or third party website links on the platform; or reliance on the information contained on the platform; or computer viruses, system failures or malfunctions which may occur in connection with your use of the platform; or any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or events beyond our reasonable control.
- Notwithstanding any provision of these Terms, INL does not exclude or limit its liability for: death or personal injury caused by its negligence or that of any of its officers, employees or agents; or fraudulent misrepresentation; or any liability which it is not lawful to exclude either now or in the future.
- You will indemnify and will keep indemnified INL and its data providers and affiliates on demand harmless against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of: any breach of these Terms by you; or your fault, negligence or breach of statutory duty; or your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
- Any contractual or legal relationship between you and INL will be concluded in English.
- All notices shall be given by e-mail to us at [email protected] or, to you at either the e-mail or postal address you provide during the registration process (if any).
- Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
- These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the platform and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the platform.
- The licence granted in section 4.2 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
- Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
- No waiver by INL of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and INL shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
- The rights and remedies of INL under these Terms are independent, cumulative and without prejudice to its rights under the law.
- These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
- The provisions of the Electronic Communications Transaction Act 25 of 2002 are applicable to these Terms.
- These Terms and/or your use of the platform shall be governed by and construed in accordance with RSA law and the RSA Courts shall have exclusive jurisdiction over any dispute which may arise.