Terms and Conditions

DEFINITIONS AND INTERPRETATION

a.

References herein to the DRUM web site or content shall include any part thereof;

b.

References herein to User(s) means any person who access the DRUM web site, notwithstanding the fact that such a person only visited the home page of the DRUM web site;

c.

References herein to the singular includes the plural and vice versa; and

d.

Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.

1.

GENERAL

1.1

DRUM, is South Africa's leading English family magazine providing comprehensive news and articles about topical issues and general interest..

1.2

DRUM content partners within Naspers include Huisgenoot and DRUM as well as several other news sources. Agencies not affiliated to Media24 Ltd and DRUM have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the DRUM web site originates from such agencies.

2.

ALLOWED USE AND LICENSE

2.1.

DRUM licenses the User to view, copy, download and print the content of the DRUM web site, provided that:

2.1.1

such content is used for personal, educational and/or non-commercial purposes only; and

2.1.2

any reproduction of content from the DRUM web site includes the following copyright notice: © DRUM 2003. ALL RIGHTS RESERVED.

2.2

Content from the DRUM web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of DRUM.

2.3

Users may only access and use the DRUM web site for legal purposes.

2.4

Use of content from the DRUM web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:

2.4.1

does not copy or provide the whole article, as it appears on the DRUM web site, but only provide a short summary of the contents of the article;

2.4.2

acknowledges DRUM as the source of the content;

2.4.3

provides a correct and working hyperlink to the source of the content or article on the DRUM web site;

2.4.4

acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the DRUM web site; and

2.4.5

includes the date upon which the content was sourced from the DRUM web site in the summary of the content.

2.5

The caching of the DRUM web site shall only be allowed if :

2.5.1

The purpose of the caching is to make the onward transmission of the content from the DRUM web site more efficient;

2.5.2

The cached content is not modified in any manner whatsoever;

2.5.3

The cached content is updated at least every 12 (twelve) hours; and

2.5.4

The cached content is removed or updated when so required by DRUM.

2.6

If any person uses content from the DRUM web site in breach of the provisions detailed herein:

2.6.1

DRUM reserves the right to claim damages from such person; and

2.6.2

DRUM 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.

2.7

Hyperlinks to the DRUM web site from any other source shall be directed at the home page of the DRUM web site. DRUM shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the DRUM web site, if such content was accessed through a hyperlink not directed at the home page of the DRUM web site. Persons that wish to link to content beyond the home page of the DRUM web site shall do so at their own risk and undertake to indemnify DRUM against any loss, liability or damage that may result from content on the DRUM web site, if such content was accessed through a hyperlink not directed at the home page of the DRUM web site.

DRUM’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.8

Users may quote small and reasonable amounts of content available from the DRUM 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.

2.9

No person may frame the DRUM web site, in any manner, without the prior written consent of DRUM.

2.10

Apart from bona-fide search engine operators and use of the search facility provided on the DRUM web site 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 DRUM web site for any purposes, without the prior written consent of DRUM.

2.11

All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by DRUM at any time without giving reasons therefore.

3.

INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1

All intellectual property on the DRUM web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to DRUM 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 DRUM web site are expressly reserved.

3.2

“DRUM” is a registered trademark and Users agree not to use the DRUM trademark or the “24” mark 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 Media24 Ltd at the cost of the User.

4.

SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the DRUM web site.

5.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services and content available from the DRUM web site is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and DRUM has the duty to disclose the following information:

5.1

The full name and legal status of the web site owner: DRUM, a division of Media24 Ltd, Reg. No. 1950/038385/06;

5.2

Street address: Naspers Centre, Heerengracht 40, Cape Town, 8000;

5.3

Postal address: PO Box 2271, Cape Town, 8000;

5.4

Physical address for receipt of legal service: DRUM, 14th floor, Naspers Centre, 40 Heerengracht, Cape Town, 8000;

5.5

Main business: The main business of DRUM and Media24 Ltd is the provision of news, education and entertainment content;

5.6

The web site addresses of the DRUM web site are: www.DRUM.com and www.DRUM.co.za;

5.7

Membership of self-regulatory or accreditation bodies: DRUM is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;

5.8

Codes of conduct to which the DRUM web site subscribes: DRUM's editorial policy is aligned to practises of the constitution of the Republic of South Africa;

5.9

The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the DRUM web site may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;

5.10

Management: The identities and contact details of the DRUM management team are available from: http://www.DRUM.com;

5.11

Management information of Media24 Ltd is available from:
http://www.media24.co.za/;

5.12

Costs: Access to content on the DRUM web site is free to any person who subscribes to these terms and conditions. Access to some pages on the DRUM web site may be restricted to persons who registered through the “Sigh me in” function and/or persons who are subscribers to Beeld, Die Burger or Volksblad. Notwithstanding the aforegoing, DRUM may, in future, charge fees for access to the DRUM web site;

5.13

Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.13.1

access to the DRUM web site;

5.13.2

the inability to access the DRUM web site;

5.13.3

the services and content available from the DRUM web site; or

5.13.4

these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;

5.14

Cooling-off period: As far as practically possible, Users have the right to return services provided from the DRUM web site within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and

5.15

User may lodge complaints concerning the DRUM web site with DRUM, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.

6.

CHANGES AND AMENDMENTS

DRUM expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1

change these terms and conditions;

6.2

change the content and/or services available from the DRUM web site;

6.3

discontinue any aspect of the DRUM web site or service(s) available from the DRUM web site; and/or

6.4

change the software and hardware required to access and use the DRUM web site.

7.

PRIVACY

7.1

DRUM 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). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2

DRUM may electronically collect, store and use the following personal information of Users:

7.2.1

name and surname;

7.2.2

birth date;

7.2.3

gender;

7.2.4

country of residence;

7.2.5

closest city;

7.2.6

non-personal browsing habits and click patterns;

7.2.7

e-mail address; and

7.2.8

IP address.

7.3

DRUM collects, stores and uses the abovementioned information for the following purposes:

7.3.1

to greet the User when he/she accesses the DRUM web site;

7.3.2

subject to the User’s consent, inform the User of facts relating to his/her access and use of the DRUM web site;

7.3.3

subject to the User’s consent, inform the User about competitions and special offers from DRUM and/or its partners / affiliates;

7.3.4

to provide the User with targeted advertising when he/she accesses the DRUM web site or the web sites of DRUM partners / affiliates; and

7.3.5

to compile non-personal statistical information about browsing habits, click-patterns and access to the DRUM web site.

7.4

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.

7.5

The User may elect not to receive any communications from DRUM and/or its partners / affiliates.

7.6

DRUM may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.6.1

DRUM shall not disclose personal information from Users unless the User consents thereto;

7.6.2

DRUM shall disclose information without the User’s consent only through due legal process; and

7.6.3

DRUM may compile, use and share any information that does not relate to any specific individual.

7.7

DRUM owns and retains all rights to non-personal statistical information collected and compiled by DRUM.

8.

HYPERLINKS TO THIRD PARTY SITES

DRUM may provide hyperlinks to web sites not controlled by DRUM or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. DRUM 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.

9.

SECURITY

9.1

DRUM shall take all reasonable steps to secure the content of the DRUM web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, DRUM does not make any warranties or representations that content shall be 100% safe and secure.

9.2

DRUM is under no legal duty to encrypt any content or communications from and to the DRUM web site and is also under no legal duty to provide digital authentication of any page on the DRUM web site.

9.3

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the DRUM web site or the server and computer network that support the DRUM web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the DRUM web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold DRUM harmless against any and all liability, damages and losses DRUM and its partners / affiliates may suffer as a result of such damaging code.

9.4

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 DRUM and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

10.

DISCLAIMER AND LIMITATION OF LIABILITY

.

10.1

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, DRUM (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:

10.1.1

access to the DRUM web site;

10.1.2

access to web sites linked to the DRUM web site;

10.1.3

inability to access the DRUM web site;

10.1.4

inability to access web sites linked to the DRUM web site;

10.1.5

content available on the DRUM web site;

10.1.6

services available from the DRUM web site;

10.1.7

any other reason not directly related to DRUM’s gross negligence.

10.2

The DRUM web site 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 himself or herself, prior to entering into this agreement with DRUM, that the content and services available from and through the DRUM web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3

Information, ideas and opinions expressed on the DRUM web site should not be regarded as professional advice or the official opinion of DRUM and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the DRUM web site.

10.4

This web site is directed primarily at Users in the Republic of South Africa and therefor DRUM 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.

10.5

DRUM sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and DRUM only serves as an electronic distribution platform for such third party content. Therefore DRUM shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the DRUM web site not created by DRUM or its employees.

10.6

DRUM does not make any warranties or representation that content and services available from the DRUM web site will in all cases be true, correct or free from any errors. DRUM shall take all reasonable steps to ensure the quality and accuracy of content available from the DRUM web site.

10.7

DRUM does not make any warranties or representations that the DRUM web site will be available at all times. Users acknowledge that the DRUM web site may be unavailable due to updates or other causes beyond the reasonable control of DRUM, including, but not limited to virus infection, power failure or other “acts of God”.

11.

REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the DRUM web site to DRUM and DRUM 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.

12.

POSTINGS

These Terms and Conditions of Use constitute the entire agreement between DRUM™ and DRUM, the user of this website. Any failure by DRUM™ 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.

12.1

Users may post their personal opinions, messages and ideas to the DRUM web site and discussion forums available on the DRUM web site.

12.2

Users undertake not to post content to the DRUM web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and DRUM reserves the right to remove such content in terms of clause 11 above.

12.3

DRUM does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.

12.4

The User indemnifies and holds DRUM harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the DRUM web site.

13

. INTERCEPTION OF COMMUNICATIONS

13.1

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to DRUM’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the DRUM web site or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

13.2

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.

14.

. ENTIRE AGREEMENT AND SEVERABILITY

14.1

These terms and conditions constitute the entire agreement between DRUM and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by DRUM from the User.

14.2

Any failure by DRUM to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

14.3

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.

15.

AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and DRUM agree that:

15.1

the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the DRUM web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;

15.2

data messages (as defined in the ECT Act) addressed by the User to DRUM shall only be deemed to have been received by DRUM if DRUM responds thereto;

15.3

data messages (as defined in the ECT Act) addressed to the User by DRUM shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

15.4

data messages (as defined in the ECT Act) addressed by the User to DRUM shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

15.5

electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and DRUM; and

15.6

the User agrees and warrants that data messages that are sent to DRUM 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.

16.

APPLICABLE AND GOVERNING LAW

The DRUM web site 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 DRUM web site, its content, services and these terms and conditions.

17.

LEGAL COSTS

DRUM shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.