Terms & Conditions

1. Introduction

• These are the general terms and conditions ("terms and conditions") of use of the website conducted by The Fiduciary Gazette, all of its stakeholders, subsidiaries, divisions and affiliates, its directors, officers, employees or agents ("The Gazette").
• Please read the following terms and conditions very carefully, as your use of this website (the "Site"), and all other websites belonging to The Gazette, is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both: (i) third party users of the Site, who may advertise, publish or otherwise submit content onto the Site; and (ii) users, who may browse the contents of the Site and the third party content displayed thereon — or either party, as the context may indicate.
• These terms and conditions are to be read with The Gazette's Privacy Policy and any other policies or terms and conditions which may be published by The Gazette from time to time. By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions, The Gazette's Privacy Policy and any other policies or terms and conditions published by The Gazette.
• The Gazette may, in its sole and absolute discretion, amend these terms and conditions from time to time. By using the Site, you acknowledge that you will be bound by the terms and conditions as amended from time to time.

2. Submission of content and use of the Site

• You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of South Africa, you do so at your own initiative and are responsible for compliance with applicable laws.
• You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions or any other information through the Site, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind — including but not limited to: (i) any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; (ii) any content that constitutes an invasion of privacy; (iii) any content that is an infringement of any intellectual property right; (iv) any content that contains software viruses; or (v) any content that constitutes a political statement, commercial solicitation, or "Spam".
• Although The Gazette does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in any way whatsoever.
• Should you breach this clause or any other clause in these terms and conditions, The Gazette may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you.
• In using the Site, you warrant that: (i) you own or otherwise control all rights to the content that you may submit to the Site; (ii) any use of such content will not cause injury or harm to any person or entity; and (iii) you indemnify The Gazette, its directors, officers and employees, for all claims resulting from any submitted content.
• By submitting reviews, comments and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to The Gazette for posting on the Site, you automatically grant The Gazette a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. You retain any and all rights that may exist in such content.
• The following activities on or through the Site are expressly prohibited: (i) the non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, without the prior written authority of The Gazette; (ii) the collection or use of any listings, descriptions, or price lists from the Site for the benefit of a competing merchant that supplies comparable products; (iii) any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and (iv) incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to The Gazette, and all rights detailed in section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) ("ECT Act") are reserved.
• You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and accept full responsibility for all activities that occur under your User Name.
• Some of the services offered on the Site, specifically those relating to subscribing to any of The Gazette's magazines, are only available to persons 18 years or older. By registering with The Gazette, you warrant that you are 18 years or older.
• From time to time The Gazette will run competitions, free prize draws, and promotions on the Site. These are subject to applicable laws, The Gazette's General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.

3. The use of third-party content

• The Gazette hosts information, pricing, opinions and other content supplied by third parties ("Third Party Content") on the Site. The Gazette has no editorial control over such content.
• Opinions, statements, offers or any other information that may constitute Third Party Content belong to the respective third party and not to The Gazette. The Gazette does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content, which is provided as received by The Gazette from the applicable third party and should not be construed as an express or implied endorsement by The Gazette unless otherwise expressly stated. You use Third Party Content at your own risk.
• It is your responsibility to evaluate Third Party Content available on and through the Site. The Gazette is not liable for any loss, damage or harm caused by your reliance on Third Party Content. Before making any decision or placing any reliance on Third Party Content, you should take all reasonable steps to ensure and verify its accuracy.
• The Gazette is not a supplier of any products which may be advertised through Third Party Content on the Site, and is accordingly not liable for any products purchased by you in reliance on Third Party Content which are not "safe, good quality goods" in terms of section 56 of the Consumer Protection Act, No. 68 of 2008. The Gazette does, however, provide the contact details of third party suppliers on the Site, which you may use to contact them directly.
• The Gazette does not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site, and is not responsible for its content. Third party websites are provided solely for your convenience; any information, endorsements, materials or opinions appearing on them should not be construed as an express or implied endorsement by The Gazette unless otherwise expressly stated. You use third party websites at your own risk.
• If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, please contact The Gazette.

4. Intellectual property rights

• All content included on the Site by The Gazette — text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software — is the property of The Gazette or its content suppliers and is protected by South African and international copyright laws. The compilation (the collection, arrangement and assembly) of all content on the Site is the exclusive property of The Gazette and is likewise protected.
• Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except as permitted by the fair use privilege under South African copyright law or with The Gazette's or the copyright owner's prior written permission.
• You are expressly prohibited from "mirroring" any content on the Site on any other server unless with the prior written permission of The Gazette.
• You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray The Gazette, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Gazette logo or other proprietary graphic or trademark as part of the link without The Gazette's or its content suppliers' express permission.
• All trademarks are the exclusive property of The Gazette.
• The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary content is illegal and could subject you to criminal prosecution as well as personal liability for damages.

5. Limited liability

• The information, content, services, products and materials published on the Site — including, without limitation, any texts, graphics and links — are provided on an "as is" basis. The Gazette makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, content, materials, or products included on it. Without limiting the foregoing: (i) The Gazette does not warrant that the Site will be error-free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and (ii) whilst The Gazette has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other data or code capable of corrupting or affecting the operation of your system.
• To the full extent permissible by applicable law, The Gazette disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. The Gazette will not be liable for any damages of any kind arising from use of the Site, including direct, indirect, incidental, punitive, and consequential damages.

6. Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to the principles of conflicts of laws. You consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.

7. Termination

• The Gazette may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions.
• Such termination shall not affect any right to relief to which The Gazette may be entitled.
• Upon termination, all rights granted to you will terminate and revert to The Gazette.

8. Other provisions and application of the ECT Act

• If any term of these terms and conditions is found to be invalid, unlawful or unenforceable, that term will be severable from the remaining terms, which will continue to be valid and enforceable.
• These terms and conditions, including any documents referenced herein, represent the entire agreement between you and The Gazette regarding your relationship with The Gazette and use of the Site, and supersede any prior statements or representations.
• The Gazette may at any time modify these terms and conditions; your continued use of the Site is conditional on the terms and conditions in force at the time of use.
• Data Messages (as defined in the ECT Act) will be deemed to have been received by The Gazette if and when The Gazette responds to them.
• Data Messages sent by The Gazette to you will be deemed to have been received by you in terms of section 23(b) of the ECT Act.
• You acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and The Gazette.
• You warrant that Data Messages sent to The Gazette by you from any electronic device used or owned by you from time to time were sent by you and/or were personally authorised.