Terms
PE Online Terms & Conditions
These Terms and Conditions are binding and enforceable against all users who access the Public Eye Online or any part thereof in terms of the laws of South Africa and Lesotho.
If you do not agree to these terms and conditions, you must leave Public Eye online website now, as further use will automatically bound you to terms and conditions.
Definitions and Interpretation
a. References herein to the Public Eye Online web site or content shall include any part thereof;
b. References herein to User(s) means any person who accesses the Public Eye Online web site, notwithstanding the fact that such a person only visited the home page of the Public Eye Online 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, 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 Public Eye Online, the Free State and Lesotho’s leading online news service, provides groundbreaking news from around the world around the clock. With an emphasis on Free State and Lesotho, Public Eye Online provides comprehensive English and Sesotho coverage of general news, business, sport, entertainment and other major interest areas. In addition to high-quality news, Public Eye Online provides a range of additional interactive services.
1.2 Public Eye Online relies on its reporters and stringers for content. Other information providers are LENA and SAPA.
2. Allowed use and license
2.1. Public Eye Online licenses the User to view, copy, download and print the content of the Public Eye Online web site, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 Content from the Public Eye Online web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Public Eye Online.
2.3 Users may only access and use the Public Eye Online web site for legal purposes.
2.4 Use of content from the Public Eye Online 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 Public Eye Online web site, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Public Eye Online 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 Public Eye Online web site;
2.4.4 acknowledges writers, journalists, photographers, cartoonists and third party agencies as they are acknowledged on the Public Eye Online web site; and
2.4.5 includes the date upon which the content was sourced from the Public Eye Online web site in the summary of the content.
2.5 The caching of the Public Eye Online 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 Public Eye Online 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 Public Eye Online.
2.6 If any person uses content from the Public Eye Online web site in breach of the provisions detailed herein:
2.6.1 Public Eye Online reserves the right to claim damages from such person; and
2.6.2 Public Eye Online 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 Public Eye Online web site from any other source shall be directed at the home page of the Public Eye Online web site. Public Eye Online shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Public Eye Online web site, if such content was accessed through a hyperlink not directed at the home page of the Public Eye Online web site. Persons that wish to link to content beyond the home page of the Public Eye Online web site shall do so at their own risk and undertake to indemnify Public Eye Online against any loss, liability or damage that may result from content on the Public Eye Online web site, if such content was accessed through a hyperlink not directed at the home page of the Public Eye Online web site.
Public Eye Online’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 Public Eye Online 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 Public Eye Online web site, in any manner, without the prior written consent of Public Eye Online.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Public Eye Online 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 Public Eye Online web site for any purposes, without the prior written consent of Public Eye Online.
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 Public Eye Online at any time without giving reasons therefore.
3. Intellectual Property Rights and domain name use
3.1 All intellectual property on the Public Eye Online web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Public Eye Online 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 Public Eye Online web site are expressly reserved.
3.2 “Public Eye Online” is a registered trademark and Users agree not to use the Public Eye Online trademark or the “Public Eye” 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 Public Eye Newspapers 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 Public Eye Online web site.
5. Disclosures required by Section 43 of the ECT Act
Access to the services and content available from the Public Eye Online web site is classified as “electronic transactions” in terms of the ECT Act and therefore users have the rights detailed in Chapter 7 of the Act and Public Eye Online has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Public Eye Online, a division of Public Eye Newspapers cc Reg. No. 2007/029034/23;
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6. Privacy
6.1 Public Eye Online shall take all reasonable steps to protect the personal information of users.
6.2 Public Eye Online may electronically collect, store and use the following personal information of Users:
6.2.1 name and surname;
6.2.2 birth date;
6.2.3 gender;
6.2.4 country of residence;
6.2.5 closest city;
6.2.6 non-personal browsing habits and click patterns;
6.2.7 e-mail address; and
6.2.8 IP address.
6.3 Public Eye Online collects, stores and uses the abovementioned information for the following purposes:
6.3.1 to greet the User when he/she accesses the Public Eye Online web site;
6.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Public Eye Online web site;
6.3.3 subject to the User’s consent, inform the User about competitions and special offers from Public Eye Online and/or its partners / affiliates;
6.3.4 to provide the User with targeted advertising when he/she accesses the Public Eye Online web site or the web sites of Public Eye Online partners / affiliates; and
6.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Public Eye Online web site.
6.4 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.
6.5 The User may elect not to receive any communications from Public Eye Online and/or its partners / affiliates.
6.6 Public Eye Online may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
6.6.1 Public Eye Online shall not disclose personal information from Users unless the User consents thereto;
6.6.2 Public Eye Online shall disclose information without the User’s consent only through due legal process; and
6.6.3 Public Eye Online may compile, use and share any information that does not relate to any specific individual.
6.7 Public Eye Online owns and retains all rights to non-personal statistical information collected and compiled by Public Eye Online.
7. Hyperlinks to third party sites
Public Eye Online may provide hyperlinks to web sites not controlled by Public Eye Online or Public Eye Newspapers cc (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Public Eye Online 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.
8. Security
8.1 Public Eye Online shall take all reasonable steps to secure the content of the Public Eye Online web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Public Eye Online does not make any warranties or representations that content shall be 100% safe and secure.
8.2 Public Eye Online is under no legal duty to encrypt any content or communications from and to the Public Eye Online web site and is also under no legal duty to provide digital authentication of any page on the Public Eye Online web site.
8.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Public Eye Online web site or the server and computer network that support the Public Eye Online web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Public Eye Online web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Public Eye Online harmless against any and all liability, damages and losses Public Eye Online and its partners / affiliates may suffer as a result of such damaging code.
8.4 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 Public Eye Online and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
9. Disclaimer and limitation of liability
. 9.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Public Eye Newspapers cc (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:
9.1.1 access to the Public Eye Online web site;
9.1.2 access to web sites linked to the Public Eye Online web site;
9.1.3 inability to access the Public Eye Online web site;
9.1.4 inability to access web sites linked to the Public Eye Online web site;
9.1.5 content available on the Public Eye Online web site;
9.1.6 services available from the Public Eye Online web site;
9.1.7 any other reason not directly related to Public Eye Online’s gross negligence.
9.2 The Public Eye Online 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 Public Eye Online, that the content and services available from and through the Public Eye Online web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
9.3 Information, ideas and opinions expressed on the Public Eye Online web site should not be regarded as professional advice or the official opinion of Public Eye Online and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Public Eye Online web site.
9.4 This web site is directed primarily at Users in the Free State and Lesotho and therefore Public Eye Online 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 and Lesotho.
9.5 Public Eye Online 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 Public Eye Online only serves as an electronic distribution platform for such third party content. Therefore Public Eye Online shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Public Eye Online web site not created by Public Eye Online or its employees.
9.6 Public Eye Online does not make any warranties or representation that content and services available from the Public Eye Online web site will in all cases be true, correct or free from any errors. Public Eye Online shall take all reasonable steps to ensure the quality and accuracy of content available from the Public Eye Online web site.
9.7 Public Eye Online does not make any warranties or representations that the Public Eye Online web site will be available at all times. Users acknowledge that the Public Eye Online web site may be unavailable due to updates or other causes beyond the reasonable control of Public Eye Online, including, but not limited to virus infection, power failure or other “acts of God”.
10. Removal and correction of content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Public Eye Online web site to Public Eye Online and Public Eye Online 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.
11. POSTINGS
These Terms and Conditions of Use constitute the entire agreement between Public Eye Online and you, the user of this website. Any failure by Public Eye Online 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.
11.1 Users may post their personal opinions, messages and ideas to the Public Eye Online web site and discussion forums available on the Public Eye Online web site.
11.2 Users undertake not to post content to the Public Eye Online web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Public Eye Online reserves the right to remove such content in terms of clause 11 above.
11.3 Public Eye Online does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
11.4 The User indemnifies and holds Public Eye Online harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Public Eye Online web site.
12 . Interception or communications
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Public Eye Online right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Public Eye Online web site or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
12.2 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.
13. Agreement in terms of Section 21 of the ECT Act
The User and Public Eye Online agree that:
13.1 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 Public Eye Online web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
13.2 data messages (as defined in the ECT Act) addressed by the User to Public Eye Online shall only be deemed to have been received by Public Eye Online if Public Eye Online responds thereto;
13.3 data messages (as defined in the ECT Act) addressed to the User by Public Eye Online shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
13.4 data messages (as defined in the ECT Act) addressed by the User to Public Eye Online shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
13.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Public Eye Online; and
14. Applicable and Governing Law
The Public Eye Online web site is hosted, controlled and operated from the Republic of South Africa and Lesotho and therefore the South African law and Lesotho law enforced by the South African courts and Lesotho respectively governs the use or inability to use the Public Eye Online web site, its content, services and these terms and conditions.
15. Legal Costs
Public Eye Online shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
