Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the infomom website located at www.infomom.co.za (“Website”) owned by Creative Training Dimensions (Pty) Ltd (“INFOMOM”) as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”).
The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards INFOMOM. INFOMOM may amend these Terms and Conditions of Usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 23 July 2009. You are advised to regularly check these terms and conditions for any amendments or updates.
1.1 Limited Liability of INFOMOM: The User understands that usage of the Website is at the sole discretion and risk of the User. INFOMOM reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website. INFOMOM takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible.
1.2 No Warranty: The information contained on the Website is provided by INFOMOM and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
1.3 Indemnification of INFOMOM: You agree to defend, indemnify and hold INFOMOM, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of information supplied on the Website in any form whatsoever.
1.4 Unauthorised use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way upon the rights of INFOMOM or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from INFOMOM. Unauthorised use of this Website may give rise to INFOMOM instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.5 Website Links: From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that INFOMOM endorses the website(s) linked to. You agree that INFOMOM shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without INFOMOM’s prior consent in Writing, in which case the terms of Your linking to the Website shall be governed by the terms of your “Linking Agreement” with INFOMOM.
1.6 Applicable Law and Jurisdiction: You consent to the jurisdiction of the High Court of South Africa for the adjudication of any legal dispute between INFOMOM and You. This Website Legal Notice will be construed and interpreted in accordance with the laws of the Republic of South Africa.
1.7 Severability: If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.8 Website Intellectual Property: This Website comprises of content (such as text, news headlines and summaries, articles, images and audio/visual tracks, animation, photographs, video, music, sound and voice), designs, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans used on/in connection with the website) and trade secrets that is the intellectual property of INFOMOM and/or various third parties subject to the intellectual property/other laws of South Africa and as applicable foreign laws, international conventions and treaties. Further and to the extent that INFOMOM does not own specific content or such content falls within the public domain, INFOMOM may hold copyright/further intellectual property rights in the selection, co-ordination, arrangement and enhancement of such content on the Website. Third party content is subject to the applicable copyright restrictions, which vary by copyright holder. No license to INFOMOM intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. Without limitation to the prohibitions placed on the User by contract or law and subject to 1.9 You expressly agree not to:
| 1.8.1 | Reproduce or use the aforementioned intellectual property either in print or electronic form in violation of the intellectual property rights of INFOMOM and/or such third parties as applicable; |
| 1.8.2 | commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website intellectual property without prior written approval of INFOMOM or in the case of third party content, the rights holder of such intellectual property; |
| 1.8.3 | not to claim or convey ownership of Website intellectual property either in its entirety or otherwise; |
| 1.8.4 | modify the Website content for the purposes of reposting to other websites; |
| 1.8.5 | alter or remove any trademark, copyright or other notice from the Website content; and |
| 1.8.6 | copy, store, or otherwise incorporate Website content or intellectual property into any other web site, electronic retrieval system, publication or other work. |
1.9 Your publication of the Website content: If you are an editor, producer or webmaster of a web site or other online publication you may include the Website headlines provided that you include the appropriate links to the corresponding articles on the Websites web server and mention “infomom.co.za” as the source of these headlines (and, as applicable, the source of any third party news release). You agree to use a functional link to the full story on the Website that shall display the full content immediately. Websites wishing to make use of this permission, must request such permission in writing and that INFOMOM reserves the right to deny such permission or withdraw such permission from any web-site at any time.
You further agree not to frame or otherwise control the browser window (if any) in which the Website content opens, including limiting the size or position of such window. You agree not to associate any Website content with any content that might harm the reputation of INFOMOM, its affiliated sites, authors, employees, contributors or partners. You agree not to use Website content on any site that displays pornographic material, exploits children, provides instruction on or promotes illegal activities, or is in any way misleading, obscene, defamatory, libelous, or invasive of personal privacy.
2.1 The information we collect:
| 2.1.1 | INFOMOM and/or its authorised technology agents automatically collect information about Your visit to the Website. This information is used to make Your visit to the Website site more efficient, and analysis thereof facilitates improvements made to Your experience of the Website. |
| 2.1.2 | Our external Website hosting agents may also automatically log your “IP address” which is a unique identifier for your computer or other access device. |
| 2.1.3 | Further and to the extent necessary, INFOMOM may utilise Your contact information to provide You with information requested by You in relation to subscription or advertising services offered by INFOMOM. |
| 2.1.4 | Your contact information and the contact information of third parties submitted by You may be used for communications such as marketing and distribution of newsletters with You and/or such third parties This contact information includes without limitation, names, e-mail addresses and/or the name of the respective person’s company. |
| 2.1.5 | If You choose to submit content for publication such as letter to the editors, feedback on articles published such information submitted may be published with Your screen name and other information You have provided to us. |
| 2.1.6 | You agree that your submission of your information indicates Your willingness for Your information to be used as discussed above. |
2.2 Handling of personal Information: In the event that You elect to submit personal information, such information shall be handled in accordance with the laws pertaining to the handling of personal information in South Africa. To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, INFOMOM has in place policies and procedures to protect the information we collect online. Your personal information shall not be unlawfully distributed, disclosed and/or commercially exploited in the absence of your prior approval.
2.3 Disclosure of personal information: INFOMOM may disclose personal information
| 2.3.1 | to comply with the law or with legal process; |
| 2.3.2 | protect and defend INFOMOM’s rights, and other property; |
| 2.3.3 | protect INFOMOM against misuse or unauthorised use of the Web site; and/ or |
| 2.3.4 | protect other Website Users or third parties affected negatively by Your use of the Website |
2.4 Interest based advertising: When You visit this Website, You may view advertisements posted on the site by third party advertisers. Such advertisers may (i) collect information about You while You are visiting this Website and other websites and (ii) use this data to show You advertisements on this Website and elsewhere on the Internet about products and services You might like (interest based advertising). INFOMOM does not collect such information or control the content of the advertisements that You will see. You may be able to opt out of such advertising. To find out more about Google and its Google cookies used to generate interest-based advertising, click this link. Your use of this Website without opting out means that You understand and agree to the abovementioned data collection to provide You with interest-based advertising.
3. 1. SUBSCRIPTION/ ADVERTISING SERVICES TERMS AND CONDITIONS The following table contains further information AND the terms and conditions pertinent to the subscription and advertising services of INFOMOM:Enquiries: 3.1 Details of Subscription Services: | 3.1.1 | Subject to payment of the subscription fees in accordance with INFOMOM’s valid VAT invoice, INFOMOM will provide a user-name and password to the “Subscriber” enabling the appropriate level of access by the Subscriber to the online services as contained on this Website as applicable to the nature of the subscription |
| 3.1.2 | INFOMOM acknowledges there is no geographic limit on this service. Concurrent access to INFOMOM services is however limited by the number of subscriptions held by the Subscriber. |
| 3.1.3 | Information may be made accessible to all Subscriber personnel, including Subscriber employees, internal agents and contractors worldwide, collectively “Authorised Users.” There is no limit on the number of hours the Information may be used and the Information may be accessed and used indefinitely at any location, including while travelling, for the Subscriber's business purposes. |
| 3.1.4 | INFOMOM acknowledges that Authorised Users, in the normal course of Subscriber’s business and on behalf of Subscriber, may distribute either orally, in writing, in presentation material, in reports, on magnetic or laser media, or electronically, to a number of users such as Subscriber's clients, prospective clients, outside counsel, or others in a current or prospective business relationship with the Subscriber, limited extracts of the full text of articles from the Information, including in the Subscriber’s newsletters, provided that such articles are correctly attributed as follows:Sourced from ‘INFOMOM’s infomom’
www.infomom.co.za |
| 3.1.5 | Nothing contained in this Section 3 shall derogate from the Subscriber’s terms and conditions of usage of the Website as User. |
3.2 Details of Advertising Services: Subject to payment of advertising fees, Users may request for advertising inserts to be placed on the Website. Such advertising request may be granted or denied at the sole and absolute discretion of INFOMOM and INFOMOM extends no warranties and/or guarantees in relation to advertising.
3.3 Minimum Duration : The minimum subscription period is 3 (three) months.
3.4 Rates:
3.5 Advertising Bookings/Exchange/Refund/Cancellations Policy: Advertising bookings must be made18 days prior to requested date of publication. Notices of Advertising cancellations must be received in writing 30 (thirty) days prior to the publication date. Surcharges are applicable in the case of cancellation(s).
3.6 Enquiries in relation to Subscriber/ Advertising Records:
3.7 Advertisers Warranties: Your request to advertise on the Website, or website(s) referred to above confirms to INFOMOM Your rights to all relevant intellectual property contained in the advertising material submitted to INFOMOM and specifically indemnifies INFOMOM in relation to all liabilities damages, losses, actions and claims faced by INFOMOM arising from an intellectual property breach by You or Your agents, employees, contractors or suppliers in relation to such advertising material.
