DRUM USER AGREEMENT
Please read this USER AGREEMENT carefully. It contains important contractual
rights, obligations and conditions between you, the user, and Drum. Your
acceptance of the terms of this USER AGREEMENT is required for your continued
use of this website.
USAGE
1. Persons (User(s)) using the Drum website for any reason whatsoever subject
themselves to and agree to these terms and conditions and privacy policy of Drum
when accessing this website.
2. The Drum website consists of information, content and services provided by Drum,
its licensor(s), third parties and users of the Drum website.
3. Drum expressly reserves the right, in its sole and absolute discretion, to
amend this agreement.
4. Drum expressly reserves the right, in its sole and absolute discretion, to
remove, alter, modify, supplement and/or restrict access to the services,
content, information, software or file(s) appearing on or transmitted through
the Drum website.
5. Any information and/or content appearing on or transmitted through the Drum
website does not constitute advice and you, the user, are encouraged to consult
your professional advisor before acting on any information or content appearing
on or transmitted through the Drum website.
6. Nothing on this website shall be construed as an offer by You to you, the
user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENCE
7. All content, trademarks and data on this website, including but not limited
to software, databases, text, graphics, icons, hyperlinks, private information
and designs, are the property of or licensed to Drum and as such are protected
from infringement by domestic and international legislation and treaties.
8. All rights not expressly granted are reserved. The intellectual property
rights in all content, information, services and/or software vesting in Drum
shall continue to vest in Drum and no right, title or interest in any proprietary
material or information contained in this website is granted to you.
9. Drum grants to you, the user, a personal, non-exclusive, non-assignable and
non-transferable licence to use, print and display all content, information,
software or file(s) on any machine(s) of which you, the user, are the primary
user for non-commercial purposes only.
10. Drum, the user, are prohibited from sublicensing, assigning or transferring
this licence to any person.
11. Without derogating from the above, you, the user, may designate family
members to use and access the information, content or services on the Drum
website subject to the terms of this User Agreement.
12. Unauthorised copying of content, information, software or file(s),
including content, information, software or file(s) that have been amended,
modified, combined or included with such content, information, software or
file(s), or the written materials associated therewith is expressly prohibited.
13. Any unauthorised copying and/or sublicensing, or attempt at copying and/or
sublicensing, assignment or transfer of this agreement shall result in the
immediate termination of this agreement by Drum without notice.
14. Drum, the user, shall be responsible for all use of the information,
content or service accessed through your user account, which may be determined
by cookies, password(s) or authentication certificate(s).
15. Drum, the user, hereby ratify, guarantee and agree to be personally liable
for any and all obligations entered into or assumed by others who use the
information, content or services through your user account.
16. Drum, the user, hereby acknowledge that certain information, content,
services and/or links may contain objectionable images, materials, content or
information.
17. Except as expressly permitted in this User Agreement, neither you, the
user, nor your designated users may reproduce, redistribute, retransmit,
publish or otherwise transfer or commercially exploit any information, software
or other content which they receive or access through the service.
ELECTRONIC COMMUNICATIONS
18. By using this website or communicating with Drum by electronic means the
user consents and acknowledges that any and all agreements, notices,
disclosures or any other communications satisfy any legal requirement,
including but not limited to the requirement that such communications should be
"in writing".
CHANGES AND AMENDMENTS
19. This website may include technical or other inaccuracies or typographical
errors. Changes and amendments are periodically made to the information herein
and these changes will be incorporated in any new editions of this website. Drum
reserves the right to make improvements and/or changes or amendments to this
website at any time.
20. Drum reserves the right to change and amend any prices and rates that may
be quoted on this website without any notice.
PRIVACY POLICY
21. Drum respects your privacy and is committed to privacy protection
principles. This privacy policy statement sets out Drum information gathering
and dissemination practices.
22. While using this website, information about you may be either collected by
us or provided by you. Such information will become the property of DRUM.
23. DRUM may use this personal information to provide you with information
regarding our products, services or events from time to time. DRUM may request
that DRUM ceases sending you such information or request that your personal
information be removed from our database or mailing list at any time by
e-mailing letters@you.co.za.
24. DRUM may also request access to any personal information concerning you
that DRUM holds. The Promotion of Access to Information Act, 2 of 2000
("Proatia") sets out and regulates how such a request should be made
and under what circumstances such access may be refused.
25. DRUM may update or correct your personal information by e-mailing letters@drum.co.za.
DRUM may also view your personal information that we hold and correct it if
necessary on written request to DRUM.
26. DRUM will not disclose any personal information to anyone except as
provided for in this policy. We may however need to disclose personal
information to DRUM employees or agents who require such information to carry
out their duties. There may also be situations where the law requires us to
disclose your personal information. In all other situations, except in the case
of the sale of DRUM or its associated services or website(s), DRUM will not
disclose your personal information without giving you prior notice thereof and
an opportunity to give your consent thereto.
27. DRUM is not responsible for and gives no warranties and makes no
representations in respect of the privacy policies or practices of linked or
any third party websites.
28. DRUM reserves the right to alter the terms and conditions of this privacy
policy at any time. DRUM will be responsible for reviewing any such changes
each time you access the DRUM website, and your continued use of the website
after changes have been posted online constitutes your acceptance of this
policy as modified by the posted changes.
29. If you have any questions or concerns arising from this policy or the way
in which we are handling your personal information, please contact us at letters@drum.co.za.
TRANSMISSION OF INFORMATION
30. The user acknowledges that information transmitted via the internet,
including without limitation e-mail, is susceptible to monitoring and
interception. The user is therefore discouraged from transmitting to DRUM any
information that may be confidential, proprietary or sensitive. The user shall
bear all risk of transmitting such information in this manner and under no
circumstances will DRUM be liable for any loss, harm or damage suffered by the
user as a result thereof. DRUM reserves the right to request independent
verification of any information transmitted via e-mail and the user consents to
such verification should DRUM deem it necessary.
31. Any information or material sent to DRUM will be deemed not to be
confidential, unless otherwise agreed in writing by the user and DRUM.
LINKING AND FRAMING
32. It is expressly prohibited for any person, business, entity or website to
link to any page on this website, including the home page, without prior
written approval of DRUM.
33. It is expressly prohibited for any person, business, entity or website to
frame any page on this website, including the home page, in any way whatsoever,
without prior written approval of DRUM.
SEARCHING TECHNOLOGY
34. The use of non-malicious search technology, such as
"web-crawlers" or "web-spiders", to search and gain
information from this website is not permitted without our written consent.
LINKS TO THIRD PARTY SITES
35. DRUM provides links to the user as a convenience only and the inclusion of
any link does not imply DRUM's endorsement of such site.
36. Linked websites or pages are not subject to the control of DRUM. DRUM shall
not be held responsible or liable, directly or indirectly, in any way for the
contents, use or inability to use or access any linked websites or any links
contained in a linked website
SECURITY
37. It is expressly prohibited for any person, business or entity to gain or
attempt to gain unauthorised access to any page on this website or to deliver
or attempt to deliver any unauthorised, damaging or malicious code to this
website. Any person who delivers or attempts to deliver any unauthorised,
damaging or malicious code to this website or attempts to gain unauthorised
access to any page on this website shall be held criminally liable, and in the
event that DRUM should suffer any damage or loss, civil damages will be
claimed.
WARRANTY
38. DRUM, the user, warrant that you use the DRUM website at your own risk.
39. DRUM, the user, acknowledge that no implied warranties, including, without
limitation, warranties of merchantability, title, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy, have been
given by DRUM, its information providers, licensors, suppliers, employees,
agents and internet service providers providing access to the DRUM website.
40. This website and the information, content and/or services are provided
"as is" and DRUM makes no express or implied representations or
warranties with regard thereto. Without limiting the generality of the
aforegoing, DRUM, its information providers, licensors, suppliers, employees,
agents and internet service providers providing access to the DRUM website do
not warrant that the website or information will be error-free or will meet any
particular criteria of performance or quality, other than those warranties that
are implied by and incapable of exclusion, restriction or modification under
the laws applicable to this User Agreement.
41. While DRUM has taken reasonable measures to ensure the integrity of this
website and its contents, no warranty, whether express or implied, is given
that any files, downloads or applications available via this website are free
of viruses, trojans, bombs, time-locks or any other data or codes that have the
ability to corrupt, damage or affect the operation of the user's system.
RISK & LIMITATION OF LIABILITY
42. The user's use of this website and the information contained therein is
entirely at the user's own risk and the user assumes full responsibility and
risk of loss resulting from the use thereof. Neither DRUM and its affiliates
nor their shareholders, agents, consultants or employees will be liable for any
damages whatsoever, including, without limitation, any direct, indirect,
special, incidental, consequential or punitive damages, whether in an action
arising out of contract, statute, delict or otherwise, relating to the use of,
or inability to use, this website or the information contained therein.
43. While all reasonable steps have been take to ensure the accuracy and safety
of the DRUM website, the use of the products or services advertised on this
website is at the user's own risk. The user accepts full responsibility and
risk of any injury, damage or loss resulting from the use thereof. DRUM will
not be liable for any personal or physical damage or loss, howsoever caused,
whether directly or indirectly, resulting from the use of the DRUM website.
SEVERABILITY
44. These Terms and Conditions of Use constitute the entire agreement between DRUM
and you, 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.
45. In the event that any term or condition of the use of this website is not
fully enforceable or valid for any reason, such term(s) or condition(s) shall
be severable from the remaining terms and conditions. The remaining terms and
conditions shall not be affected by such unenforceability or invalidity and
shall remain enforceable and applicable.
APPLICABLE LAW
46. This User Agreement is concluded in the Republic of South Africa and shall
be governed by and construed in accordance with the laws of the Republic of
South Africa and the jurisdiction of South African courts. The parties hereto
acknowledge that they are barred from instituting any action or legal
proceeding or process more than one year after the day on which the claim or
cause of action arose.
CONTACT INFORMATION
47. If you have any questions or queries or wish to request permission to use
any part of this website, including linking, framing or searching, please
contact DRUM at:
Physical Address:
DRUM
Naspers Centre
40 Heerengracht
Cape Town
Postal Address:
DRUM
PO BOX 1802
Cape Town
8000
Tel: +27 (0)21 406 2116
Fax: +27 (0)21 406 3316
Email: letters@drum.co.za