Terms & Conditions

Part A: General Information and Terms

1. General information about us For your convenience, we have listed below some general information about ourselves.

• Media24 Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1950/038385/06.

• The chief executive officer of Media24 Ltd is Esmare Weideman, and the GM of the Lifestyle Magazines Division is Charlene Beukes. The list of office bearers and board of directors of Media24 Ltd is available at www.media24.com.

• Our postal address is PO Box 1802, Cape Town 8000.

• Our business address is 4 Adderley Street, Cape Town, South Africa and we will accept service of all legal documents there.

• Our telephone and fax numbers are: tel (021) 408 1278; fax 086 530 1326.

• Our e-mail address is flmag@fairlady.com.

• We are members of the Digital Media and Marketing Association and subscribe to its code of conduct.

• Contact our webmaster at flmag@fairlady.com.

2. Definitions

In these Terms of Use:

• Account means your subscription account for the use of our services;

• Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, comments, blogs, forums, chat groups, bulletin boards, ideas, feedback, suggestions and tags contained on this website;

• Contributor Guidelines means our guidelines for making content contributions to this website, which is set out in Part F of this document;

• Privacy Policy means our privacy policy, which is set out in Part E of this document;

• Terms of Use means these terms and conditions of use of our website;

• User means any user of this website, including any advertiser, subscriber, blogger, member, contributor;

• We, us and our means Media24 Ltd, our Media24 Magazines Division and our Women’s Interest Division (which include FAIRLADY!) and, unless the context indicates otherwise, our owners, subsidiaries, parent, employees, officers, directors, suppliers, internet service providers, agents and affiliates;

• You means a User of this website; (Hyperlinks that are not operational will not in any way detract from the validity and interpretation of these Terms of Use.)

3. General conditions of use for this website

1. You may be required to choose a User name and a password to register an Account. You are responsible for keeping your User name and password secret. You’ll have to enter your Username and password every time you want to use your Account. You indemnify us against any damages suffered because you failed to keep your account details (such as User names, passwords and access codes) secure or let anyone else use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account.

2. To create an Account you must be a natural person. If you are under 18, we require your parent or legal guardian to read and accept these Terms of Use, which will show their consent to your use of our services and your participation in the activities offered on our members’ only pages.

3. The information that you or your parent/guardian supply to us when registering your Account will be subject to our Privacy Policy, which you can find in Part E of this document.

4. You agree to only use this site in accordance with these Terms of Use and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the internet and the services provided to you on this site, including our Contributor Guidelines set out in part F of this document. In particular, you agree to use this site only for lawful purposes and in a way that does not infringe the rights of, or restrict the use or enjoyment of this site by any third party. You also agree not to use the site in a manner that would bring us into disrepute.

5. The Content on this website does not amount to professional advice any kind, be it legal, professional, medical, personal or otherwise, and we recommend Users seek their own advice from a suitably qualified professional in their area. If you choose to rely on our Content, you do so entirely at your own risk and you accept that we will have no liability to you in this regard.

6. We don’t generally monitor, edit, control or filter the Content posted by our Users. Content submitted to this website by other Users does not necessarily represent our views and we neither authorise nor endorse such Content. We also don’t endorse any events, products or services listed by Users on our site. You must make all arrangements regarding such events, products and services directly with the relevant User at your own risk. We accept no liability regarding any event, service or product listed on this site by any third party or any arrangements made in connection with any such events, products or services.

7. You agree not to use our website for any unlawful purpose. Specifically, you agree not to post or transfer to our website (nor include in any message sent to our website) any material that violates any third party’s rights or is unlawful, obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You indemnify us in respect of any damages incurred as a result of your breach of this obligation.

8. We have to protect our business and secure our systems. So we may intercept and monitor any communication that you may send to or receive via our website to the maximum extent allowed by law. We may also use, publish and disclose such communications for any lawful purpose. Monitoring may include the filtering of incoming and outgoing electronic data messages to identify, limit or prevent the transmission of unlawful or otherwise undesirable material or Content.

9. We reserve the right in our absolute discretion and without notice to remove any material you have submitted to our website and to suspend or terminate your Account or access to this site at any time without notice, and we will probably do so if you breach of these Terms of Use.

10. We own any intellectual property rights in the components and features of this site, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which belongs to them. We also own any intellectual property rights in the compilations, collective works and derivative works created by us, which may incorporate the Content of Users. So you may not use, transfer or copy any part of this site (including its source HTML code) other than for the purposes of using this site, meaning that you may only display it on your computer screen and print it for the sole purpose of viewing its Content. You may not frame the Content without our written consent. If you submit any Content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use such Content in any manner or form, which license will continue even after there is no longer a contractual arrangement between us.

11. You may only use the trademarks featured on our site for the purpose of displaying this site on your computer screen or printing out this site to view it.

12. We don’t make any warranties or representations, express or implied, about the Content or the services provided on the site or the content of any other website which may be referred to or accessed by hyperlink from this site. We also don’t endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of the Content and we won’t be bound by the Content, including errors and omissions. We also do not represent that this site is free of viruses or bugs or anything else that may have a harmful effect on any technology, or that the site is compatible with all computer systems and browsers. You download or use any of the Content at your sole discretion and risk and are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13. We are committed to protecting your privacy. We will compile and use the information you give to us to provide you with services and personalise your use of this site. We may also use such information to inform you about changes in the services we offer and features we think you would find of interest. When you give us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your requests. Read our Privacy Policy for further information regarding our treatment of your personal information.

14. You use our website at your own risk. We exclude to the fullest extent permissible by law any liability that we may incur for any damages arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance on the data obtained from or transmitted using this website, even if we were negligent or aware of the problem in advance. In no event will we be liable for any loss of profit, goodwill, opportunity, business, anticipated saving and other direct, indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law.

15. You indemnify us against from any claim or demand, including attorneys’ fees on a party and own client scale, made by any third party arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

16. We also reserve the right, without notice and in our absolute discretion, to amend any parts of the site, including these Terms of Use. We specifically reserve the right at any time to change, suspend or discontinue, without notice, any service component and/or feature of this website.

Part B: Events and Workshops

1. Our workshops and events may be subject to additional terms, which will apply together with these Terms of Use. In the event of conflict, the specific terms of the event or workshop will prevail.

2. Attendance at our workshops and events is subject to availability on a first-come, first-served basis, although our subscribers may in some cases receive priority booking.

3. Please make sure that your details are correct before submitting an attendance request since it is unlikely that any mistake you make can be rectified later.

4. We require proof of payment to secure your seat. We reserve the right not to accept or process your booking request and we will notify you if this is the case. We will send you a confirmation email to confirm your attendance if we choose to accept your request. But we don’t guarantee that you’ll receive the confirmation notice or that, if you do receive it, it will be legible and uncorrupted.

5. If you don’t receive a confirmation notice after submitting your payment information, you should check with our Marketing Department whether or not your request has been received and processed. You may be the only one who knows of problems that occurred during the booking process. We won’t be liable for any losses you may incur if you assume that a booking was not processed just because you failed to receive our confirmation notice.

6. We don’t warrant the accuracy of the arrangements for events and workshops and disclaim, to the maximum extent permitted by law, any liability arising from any omissions and inaccuracies. In particular, we disclaim any and all warranties as to the occurrence, suitability or quality of the seating arrangements, performances, venues or events and we won’t be liable for any claims in this respect, even if we have acted in a negligent or grossly negligent manner.

7. No refunds will apply if you cancel your booking for or fail to attend to attend a workshop or event, unless we expressly say so. You are welcome to flmag@fairlady.com to enquire about any relevant refund that may apply in these instances.

8. We may refuse admission to workshops and events, alter their programme or arrangements (such as speakers, venue and time), or even postpone or cancel events in certain circumstances. Unfortunately, we cannot accept any liability should any of these occur. Our decisions in this regard are final and we won’t enter into any correspondence. However, you are welcome to email flmag@fairlady.com to enquire about any relevant refund that may apply in these instances.

9. Unless we say otherwise in writing, all events and workshops are provided without warranty of any kind, including as to the occurrence, timing, suitability, quality or performance of any event or workshop, or in respect of the venue, admission to such venue or the seating arrangements for such venue.

10. You assume all risks incidental to the workshop or event you book for, whether before, during or thereafter. We will not be liable for any loss or damage you or anyone accompanying you may incur in the course of attending such an event or workshop and you indemnify us against any damages or injuries arising in connection with your attendance.

Part C: Competition Rules

1. Unless expressly stated otherwise, these terms will apply to all competitions offered on this website. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.

2. All competitions offered on this website are open to residents of South Africa only, unless we expressly state otherwise.

3. The following people may not enter a competition offered on this website:

• Anyone working for

◦ us,

◦ the specified competition partner,

◦ any of our affiliated companies, or

◦ any of our advertising, media or PR agencies

• Any family members or associates of any of the above people.

4. No cash alternative is available to any prize unless we expressly state otherwise.

5. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

6. Any entrant may be required to submit proof of age. Entrants that are under 18 years of age may be required to provide proof of permission from their parent or legal guardian to participate in competitions.

7. The judges’ decision will be final. We will not enter into correspondence.

8. We’ll use entrants’ information in accordance with our Privacy Policy.

9. Where entry by SMS is applicable, SMSes are charged at premium rates. 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. Any deviation from the rules or attempt to manipulate the outcome of the prize will result in disqualification.

13. Winners may be required to be photographed for publicity purposes or to participate in a live presentation, radio or television broadcast. We won’t pay any fees in this regard.

14. Prizes are non-transferable, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated. If you don’t, you will no longer be eligible for the prize and it will be reallocated.

15. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.

16. We accept no responsibility for

• any incorrect or incomplete registration details that you may supply;

• undelivered, lost or delayed entries.

Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.

17. We may reallocate prizes if we can’t contact selected winners. Please ensure that you provide the correct contact details.

18. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and to modify, supplement or withdraw all or part of this competition without notice. In these cases we won’t refund costs of entry.

19. In consideration for the prize, the winner’s name and place of origin may be made public by us or any company connected with the promotion.

20. We own all worldwide rights, including the entire copyright, in all entries, which means that we can, in our sole discretion, do the following with the entries:

• promote,

• reproduce for commercial use or otherwise,

• edit,

• advertise and publicise,

• produce,

• record and reproduce by any art or other medium.

These Exploitation Rights endure for the full term of copyright and other rights in the entries and all extensions and allow us to register any design rights or trademarks. You must do all things necessary, including completing any documentation, necessary to transfer the Exploitation Rights to us when we ask you to do so.

20. Entrants irrevocably and unconditionally waive 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 entries.

21. We won’t be liable in any way whatsoever for any damages or injury suffered as a result of your participation in a competition.

Part D: Privacy Policy