ABOUT OUR TERMS AND CONDITIONS
The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.
We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
CONTENT ON OUR PLATFROMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS
Circle City Info owns or is entitled to use all of the Content made available on our Platforms or through our Services.
You may not, unless with our express consent –
reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
incorporate the Content into any other content for whatever purpose;
remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or
frame any portion of a web page that is part of our Platforms or Services.
You may retrieve, store, cite or refer to or print Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use only, as provided for under South African copyright law.
Use of Content in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service –
does not copy or provide the whole article, as it appears on our Platforms or Services, but only provide a short summary of the contents of the article;
acknowledges us as the source of the Content and acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our Platform;
provides a correct and working hyperlink to the source of the Content or article on our Platform; and
includes the date upon which the Content was sourced from our Platforms in the summary of the Content.
Use of Content by news aggregators shall only be allowed if such news aggregators –
only provide the font nail and healine as it appears on our Platforms or Services;
provides a correct and working hyperlink to the source of the Content or article on our Platform; and
acknowledges us as the source of the Content and acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our Platform.
The caching of our Platforms shall only be allowed with our written permission and if –
the purpose of the caching is to make the onward transmission of the Content from our Platform more efficient;
the cached Content is not modified in any manner whatsoever;
the cached Content is updated at least every 12 (twelve) hours; and
the cached Content is removed or updated when so required by us.
You may quote small and reasonable amounts of Content available from our Platforms 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.
All licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving reasons therefore.
You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
Circle City Info will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.
You agree to adhere to our User Rules when posting or transmitting any Content or material to our Platforms or Services.
Third Party Content
Our Platforms or Services may include, from time to time, Content or advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).
You acknowledge that the Third Party Content –
is beyond the control of Circle City Info and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
cannot be verified by Circle City Info, and that Circle City Info cannot be expected to determine its accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of Circle City Info, its associates, directors or employees.
THIRD PARTY GOOD, SOFTWARE AND SERVICES
We may offer services or products of third parties, or our Services in conjunction with that of third parties.
We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that –
we are not a party to the contract between you and the third party;
we are under no obligation to monitor the third party service used by you;
the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
Any username, password or other log-in allocated to you or created by you when subscribing to or using our Platforms or Services (“User ID”) will entitle you to access the Platforms or Services, subject to you complying with the Terms.
Your User ID is personal to you. You –
should keep your User ID confidential and not disclose it to any third party;
should inform us promptly if a third party gains access to your User ID;
are responsible for all payments, use of, or activity on our Platforms or Services under your User ID;
will not do multiple log-ins (log-in at any one point in time more than once using the same User ID);
will not circumvent our User ID authentication procedures or systems;
are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.
While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
You will also not retain any entitlements to your User ID once this agreement ends.
You will sign out from your account at the end of each session.
While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
SECURITY AND PRIVACY
We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.
You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
We take reasonable steps to secure your payment information. We use a payment system that is in our reasonably opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
DISCLAIMER AND LIMITED LIABILITY
You use our Platforms and Services at your own risk.
While we endeavour to ensure that the information on our Platforms or Services is correct, we do not warrant the accuracy and completeness of Content on our Platforms or Services or that the Content and technology available from our Platforms or Services are free from errors or omissions.
We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.
To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platforms or Services or Content provided from or through our Platforms or Services.
Our Platforms and Services are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on our Platforms or Services should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms or Services.
Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms or Services and e-mails sent to our Platforms or Services are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services.
Circle City Info may transfer its rights and obligations under the Terms to a third party without your consent.
You may not transfer your rights and obligations under the Terms to a third party without the consent of Circle City Info.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.
You agree that we may intercept or monitor all communications sent or posted by you to our Platforms, Services or our employees. You agree that the consent provided herein by you satisfies any “writing” requirement prescribed in law.
INFORMATION WE COLLECT AND RECEIVE
We collect and receive information about you in the following ways:
1 Information you give us
This includes any information that you provide to us directly, whether through our Platforms or via phone, sms, fax or any other medium, this may include information you give to us:
by filling in forms on our Platforms. Like when you sign-up for an account or when you subscribe or register to use services on our Platforms;
when you enter a competition, promotion or complete a survey;
by posting comments or content on our Platforms;
when you purchase one of our products or services;
when you contact us and when you otherwise provide information directly to us.
2 Information we collect or receive when you use our Platforms, products or services
We collect information when you use our Platforms or services by using cookies, web beacons and other technologies. Depending on how you access and use our Platforms, we may receive:
Log information (for example information about your interactions with our Platforms and other services you use, the content you view and the search queries you submit);
Information we infer about you based on your interaction with our products and services;
Device information (for example the type of device you’re using, how you access our Platforms, your browser or operating system and your Internet Protocol (“IP”) address);
Location information (for example, your device’s GPS signal and information about nearby WiFi networks and cell towers. We get this information when you use location-enabled services).
3 Information from third-party sources
We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in other ways. We may also receive information about you when you choose to connect with social networking services while using our Platforms.
HOW WE USE THE INFORMATION COLLECTED AND RECEIVED
We use the information we collect and receive for the following general purposes:
1 To provide you with information, products or services you request from us.
2 To communicate with you. We may want to notify you about changes to our Platforms or provide you with information about competitions, products or services that we feel may interest you.
3 To be effective and relevant in the services we provide you. We want to ensure that content from our Platforms is presented to you in the most effective manner for you and for the device you use. We also want to provide you with content that you are likely to find relevant and engaging.
4 To provide effective advertising. Many of our Platforms are supported by advertising. We want to enhance our users’ experience by serving ads that may be useful to them. Some of the ways we do this are by:
showing you ads based on your online activities, such as the websites and apps you use or the content you viewed, as well as data we have collected about you, data that you have provided to us, or data that we have received from third-party sources;
limiting the number of times you see the same ad; and
measuring the effectiveness of the ads we serve.
HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE
We don’t sell your personal information to third parties for their marketing purposes.
We may share information with:
By sharing this information amongst business units, we may learn more about our customers, allowing us to create a more relevant and engaging customer experience.
Business partners. We may share non-personally identifiable information with select business partners. This means that we do not disclose information about identifiable individuals to our business partners (in other words, we do not give them your name and contact details), but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their ad on any given day). We may also use such aggregate information to help our business partners reach the kind of audience they want to target.
Other parties in response to legal process or when necessary to conduct or protect our Platforms. We may disclose your information if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our Platforms. We may also disclose your information during the process of debt collection, or to our attorneys in connection with any potential, threatened or actual litigation, or to our auditors for the purpose of auditing our accounts.
Other parties in connection with certain business transactions. In the event that we sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets.
Companies that provide services to us. Companies that provide services to us or act on our behalf may have access to information about you. These companies are limited in their ability to use information they receive in the course of providing services to us or you.
Third-parties where you provide consent. In some cases, third-parties (often advertisers), may wish to attain information about you in order to promote their products to you, or for whatever other reason. We may share information with third-parties where you provide consent in the form of explicit opt-in. Such circumstances may include (but are not limited to) an entry into a competition sponsored by a third-party where the provision of your information is a condition for entry to the competition, or where you express your interest in a product or service for which you would like more information.
We will also ensure that your opt-in is explicit and that we provide a clear description of what data would be shared with the third-party. Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data; therefore, be sure to investigate their privacy policies before providing permission for us to share your information.
Other parties that provide content, advertising services, or functionality on our Platforms. Some of the content, advertising, and functionality on our Platforms may be provided by third parties that are not affiliated with us. Such third parties include:
advertising providers, which help us and our advertising customers provide ads that are tailored to users’ interests and understand how users respond to those ads;
Audience-measurement companies, which help us measure the overall usage of our Platforms and compare that usage to other online services; and
Social networking services (like Facebook, Twitter, LinkedIn, Instagram) that enable you to register and log into certain of our services and to share things you find on our Platforms with your social network. This is only applicable if you choose to connect with a social networking service; we may provide other registration and login methods.
You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We manage a number of separate distribution lists across the various Circle City Info business units, each having its own theme and purpose. By opting out of one distribution list, does not automatically remove you from all other lists. You cannot opt-out of routine service correspondence from us, because then we would not be able to provide services to you.
OUR COMMITMENT TO SECURITY
Although no one can guarantee the security of the information collected and received, we do employ a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this.
LINKS TO OTHER WEBSITES
Our Platforms contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects personal information.
Circle City Info is based in South Africa, and, regardless of where you use or access our Platforms, products, or services, your information may be transferred to and maintained on servers located in South Africa (or elsewhere in the world). Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.