IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) ACCESSING COVER’S WEBSITE OR ANY PART THEREOF.
USE OF THE COVER WEBSITE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
- COVER’s website provides information regarding the Financial Services Industry in general and contains content from its printed publication as well as other electronic information.
- ALLOWED USE AND LICENSE
- COVER licenses the user to view, copy, download and print the content of the COVER website, provided that:
- it is used for personal, educational and/or non-commercial purposes only; and
- any reproduction of content from the COVER website includes a full reference to COVER and the author of the particular article.
- You may not use any content from the COVER website for any commercial and non-private purposes without COVER’s prior written consent.
- The COVER website may only be accessed and used for legal purposes.
- You may use of content from the COVER website, as in 2.2 above, in electronic clipping services or personalised news services only if such electronic clipping service or personalised news service:
- acknowledges COVER as the source of the content;
- when electronic, provides a correct and working hyperlink to the source of the content or article on the COVER website;
- acknowledges authors and third party agencies as they are acknowledged on the COVER website; and
- includes the date upon which the content was sourced from the COVER website.
- You may only cache the COVER web site if:
- the purpose of the caching is to make the onward transmission of the content from the COVER website more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 30 days; and
- the cached content is removed or updated when so required by COVER.
- If any person uses content from the COVER website in breach of the provisions detailed herein:
- COVER reserves the right to claim damages from such person; and
- COVER 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.
- Hyperlinks to the COVER website from any other source shall be directed at the home page of the COVER website. COVER shall not be liable, in any manner whatsoever for any damage, loss or liability that resulted from the use of content from the COVER website, if such content was accessed through a hyperlink not directed at the home page of the COVER website. Persons who wish to link to content beyond the home page of the COVER website shall do so at their own risk and undertake to indemnify COVER against any loss, liability or damage that may result from content on the COVER web site, if such content was accessed through a hyperlink not directed at the home page of the COVER website. COVER’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- You may quote small and reasonable amounts of content available from the COVER 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.
- No person may frame the COVER website, in any manner, without the prior written consent of COVER.
- Apart from bona-fide search engine operators and use of the search facility provided on the COVER website 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 COVER web site for any purposes, without the prior written consent of COVER.
- All licenses and/or permissions granted in terms of this clause (clause 2) are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by COVER at any time without giving reasons therefore.
- COVER licenses the user to view, copy, download and print the content of the COVER website, provided that:
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
- All intellectual property on the COVER website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to COVER 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 COVER web site are expressly reserved.
- ‘COVER’ is a registered trademark and users agree not to use the COVER trademark 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 COVER Publications at the cost of the User.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the COVER website is classified as ‘electronic transactions’ in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the Act and COVER has the duty to disclose the following information:
- the full name and legal status of the website owner: Penge Loesning Investments (PTY) LTD trading as COVER Publications, Reg. No. 2002/005010/07;
- street address: 80 De Villiers Way, Glencairn, 7975;
- postal address: PO Box 2030, Sunvalley, 7985;
- the website address of the COVER website is: www.cover.co.za;
- management: The identities and contact details of the COVER management team are available from: https://www.cover.co.za/about-us;
- costs: Access to content on the COVER website is free to any person who subscribes to these terms and conditions. Notwithstanding the aforegoing, COVER may, in future, charge fees for access to the COVER website;
- alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- Users may lodge complaints concerning the COVER website with COVER, the Advertising Standards Authority or the Consumer Affairs Committee.
- CHANGES AND AMENDMENTS
COVER expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions;
- change the content and/or services available from the COVER website;
- discontinue any aspect of the COVER website or service(s) available from the COVER website; and/or
- change the software and hardware required to access and use the COVER website.
- COVER shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, ‘personal information’ shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
- COVER may electronically collect, store and use the following personal information of users: name and surname, birth date, gender, country of residence, city, non-personal browsing habits, e-mail address, IP address, employment detail and affiliation detail.
- COVER collects, stores and uses the abovementioned information for the following purposes:
- to greet the user when s/he accesses the COVER website;
- subject to the user’s consent, inform the user of facts relating to his/her access and use of the COVER website;
- subject to the user’s consent, inform the user about competitions and special offers from COVER and/or its partners/affiliates;
- to provide the user with targeted advertising when s/he accesses the COVER website or the websites of COVER partners/affiliates; and
- to compile non-personal statistical information about browsing habits, click-patterns and access to the COVER website.
- Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings.
- The user may elect not to receive any communications from COVER and/or its partners/affiliates.
- COVER may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- COVER shall not disclose personal information from users unless the user consents thereto;
- COVER shall disclose information without the User’s consent only through due legal process; and
- COVER may compile, use and share any information that does not relate to any specific individual.
- COVER owns and retains all rights to non-personal statistical information collected and compiled by COVER.
- HYPERLINKS TO THIRD PARTY SITES
COVER may provide hyperlinks to websites not controlled by COVER (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. COVER 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.
- COVER shall take all reasonable steps to secure the content of the COVER website and the information provided by and collected from users from unauthorised access and/or disclosure. However, COVER does not make any warranties or representations that content shall be 100% safe and secure.
- COVER is under no legal duty to encrypt any content or communications from and to the COVER website and is also under no legal duty to provide digital authentication of any page on the COVER website.
- Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the COVER website or the server and computer network that support the COVER website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the COVER website, whether on purpose or negligently, shall, without any limitation, indemnify and hold COVER harmless against any and all liability, damages and losses COVER and its partners/affiliates may suffer as a result of such damaging code.
- 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 COVER and its partners/affiliates.
- DISCLAIMER AND LIMITATION OF LIABILITY
- Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, COVER (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: access to the COVER web site, access to websites linked to the COVER website, inability to access the COVER website, inability to access web sites linked to the COVER website, content available on the COVER website, services available from the COVER website, any other reason not directly related to COVER’s gross negligence.
- The COVER website 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 him/herself, prior to entering into this agreement with COVER, that the content and services available from and through the COVER website meet the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
- Information, ideas and opinions expressed on the COVER website should not be regarded as professional advice or the official opinion of COVER and or any of its contributors or authors and users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the COVER website.
- This website is directed primarily at users in the Republic of South Africa and therefore COVER 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.
- COVER sources content from various third parties and does not editorially control the content provided by such third parties and COVER serves only as an electronic distribution platform for such third party content. Therefore, COVER shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the COVER website not created by COVER or its employees.
- COVER does not make any warranties or representation that content and services available from the COVER website will in all cases be true, correct or free from any errors. COVER shall take all reasonable steps to ensure the quality and accuracy of content available from the COVER website.
- COVER does not make any warranties or representations that the COVER web site will be available at all times. Users acknowledge that the COVER web site may be unavailable due to updates or other causes beyond the reasonable control of COVER, including, but not limited to virus infection, power failure or other “acts of God”.
- REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the COVER website to COVER and COVER 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 COVER™ and you, the user of this website. Any failure by COVER™ 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.
- Users may post their personal opinions, messages and ideas to the COVER website and discussion forums available on the COVER website.
- Users undertake not to post content to the COVER website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and COVER reserves the right to remove such content in terms of clause 11 above.
- COVER does not editorially control, filter or read user postings and shall not be liable, in any manner whatsoever, for such postings.
- The user indemnifies and holds COVER harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the COVER website.
- INTERCEPTION OF COMMUNICATIONS
- Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the user agrees to COVER’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the COVER web site or its staff and employees.
- 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.
- ENTIRE AGREEMENT AND SEVERABILITY
- These terms and conditions constitute the entire agreement between COVER and the user and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by COVER from the user.
- Any failure by COVER to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- 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.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The user and COVER agree that:
- the user shall be bound to these term and conditions and such agreement is concluded in Randburg at the time the user enters the COVER website for the first time or immediately after the User indicated consent as required during the ‘User Registration’ process;
- data messages (as defined in the ECT Act) addressed by the User to COVER shall only be deemed to have been received by COVER if COVER responds thereto;
- the user agrees and warrants that data messages that are sent to COVER 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.
- APPLICABLE AND GOVERNING LAW
The COVER website 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 COVER website, its content, services and these terms and conditions.
- LEGAL COSTS
COVER shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.