Terms of Use - CARmag.co.za

Terms of Use

1. Definitions.
“CARmag.co.za” is the interactive on-line service operated by RamsayMedia (Pty) Ltd on the World Wide Web of the Internet, consisting of information services and content provided by CARmag.co.za, affiliates of CARmag.co.za and other third parties. “Visitor” means each person who establishes a connection for access to and use of CARmag.co.za.

2. General.
2.1 By using CARmag.co.za Visitor agrees to comply with all of the terms and conditions hereof. The right to use CARmag.co.za is personal to the Visitor and is not transferable to any other person or entity. The Visitor is responsible for all use of the Visitor’s Account and for ensuring that all use of Visitor’s Account complies fully with the provisions of this Agreement. Visitor shall be responsible for protecting the confidentiality of Visitor’s password(s), if any.

2.2 CARmag.co.za shall have the right at any time to change or discontinue any aspect or feature of CARmag.co.za, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Equipment.
Visitor shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of CARmag.co.za and all charges related thereto.

4. Visitor Conduct.
4.1 Visitor shall use CARmag.co.za for lawful purposes only. Visitor shall not post or transmit through CARmag.co.za any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CARmag.co.za’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Visitor that in CARmag.co.za’s discretion restricts or inhibits any other Visitor from using or enjoying CARmag.co.za will not be permitted. Visitor shall not use CARmag.co.za to advertise or perform any commercial solicitation.

4.2 CARmag.co.za contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics and the entire contents of CARmag.co.za are copyrighted as a collective work under the South African copyright laws. CARmag.co.za owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitor may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download copyrighted material for Visitor’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of CARmag.co.za (email request to webmaster@CARmag.co.za) and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

4.3 Visitor shall not upload, post or otherwise make available on CARmag.co.za any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CARmag.co.za, Visitor automatically grants, or warrants that the owner of such material has expressly granted CARmag.co.za the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor’s personal use. Visitor hereby grants CARmag.co.za the right to edit, copy, publish and distribute any material made available on CARmag.co.za by Visitor.

4.4 The foregoing provisions of Section 5 are for the benefit of CARmag.co.za, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty; Limitation of Liability.
5.1 Visitor expressly agrees that use of CARmag.co.za is at visitor’s sole risk. Neither CARmag.co.za, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that CARmag.co.za will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of CARmag.co.za, or as to the accuracy, reliability or content of any information, service, or merchandise provided through CARmag.co.za.

5.2 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Visitor specifically acknowledges that CARmag.co.za is not liable for the defamatory, offensive or illegal conduct of other visitors or third-parties and that the risk of injury from the foregoing rests entirely with the visitor.

5.3 In addition to the terms set forth above neither, CARmag.co.za, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within CARmag.co.za, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages

6. Monitoring.
CARmag.co.za shall have the right, but not the obligation, to monitor the content of CARmag.co.za, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CARmag.co.za. CARmag.co.za shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on CARmag.co.za.

7. Indemnification.
Visitor agrees to defend, indemnify and hold harmless CARmag.co.za, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of CARmag.co.za by the Visitor.

Competition Rules

  1. Unless expressly stated otherwise these terms will apply to all competitions offered by RamsayMedia (Pty) Ltd. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
  2. Regrettably, only South African residents are eligible for prizes, and delivery of gifts or prizes will only be within South Africa.
  3. Entry is open to anyone except employees (and their immediate families) of RamsayMedia (Pty) Ltd, the sponsoring company/companies and/or agents involved in the competition.
  4. No cash alternative is available to any prize unless expressly stated otherwise.
  5. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
  6. Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
  7. The judges’ decision is final and no correspondence will be entered into.
  8. All entrants’ information will be used only in accordance with our Privacy Policy.
  9. Entries made via SMS attract a charge – please refer to the promotional material for actual cost per SMS. Free rates do not apply.
  10. We reserve the right to cancel any competition without notice at any time.
  11. Multiple winners may be subject to tie-break to decide an outright winner.
  12. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
  13. Prizes not claimed within 3 months will be forfeited.
  14. New and existing subscribers may enter into any subscriber competitions.
  15. If you take out a gift subscription, please note that the donor of the subscription will be eligible for the prize.
  16. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
  17. Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
  18. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  19. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
  20. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judge’s discretion, void entries.
  21. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
  22. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
  23. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
  24. By entering into a competition it is deemed that you have read and understood these rules.
  25. In the case of a competition by means of a draw, the draw will take place within 3 weeks of the closing date of the competition, unless otherwise stipulated.
  26. RamsayMedia(Pty) Ltd, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.