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The Terms & Conditions pertaining to all of SuperSport.com's online properties
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THESE TERMS AND CONDITION ARE BINDING AND
ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE SUPERSPORT.COM
WEB SITE, MOBILE SITE, FURTHER APPLICATIONS AND ITS
PARTNERS OR ANY PARTS THEREOF (SUPERSPORT.COM) IN TERMS OF SECTION 11
OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS YOU MUST LEAVE SUPERSPORT.COM NOW, AS FURTHER
USE WILL AUTOMATICALLY BOUND YOU TO THESE TERMS
AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE
DOWNLOADED FROM: http://www.polity.org.za/
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DEFINITIONS AND INTERPRETATION |
| a. |
References herein to SuperSport.com shall include
any part thereof (including mobi site and apps) and all partner sites;
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| b. |
References herein to User(s) means any persons
who access SuperSport.com, notwithstanding the fact that such
a person only visited the home page of SuperSport.com;
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| c. |
References herein to the singular includes the plural and vice versa; and
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| 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.
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| 1. |
GENERAL |
| 1.1 |
SuperSport.com, South Africa's leading online
sports service, provides
groundbreaking sports news, video and opinion from around the
world around the clock, with an emphasis on
South African and African news. In addition to this, SuperSport.com
provides
a range of additional interactive services.
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| 1.2 |
SuperSport.com's content partners include
Sport24.com, Kick-Off, Backpagepix and
Sunshine Press. Other information providers are MWP,
Reuters, AFP. Agencies not affiliated
to SuperSport.com have their own terms and
conditions of use and Users are bound to those terms and conditions as
far as content on the SuperSport Zone web site originates from such agencies.
A list of SuperSport.com's partner sites
can be found at the top of the front page of SuperSport.com.
The sports bodies listed there form part of the partner sites.
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| 2. |
ALLOWED USE AND LICENSE |
| 2.1. |
SuperSport.com licenses
the User to view, copy, download and print the
content of SuperSport.com, provided that:
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2.1.1 |
such content is used for personal, educational
and/or non-commercial purposes only;
and
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2.1.2 |
any reproduction of content from SuperSport.com,
after permission has
been given, includes the following copyright notice: © SuperSport.com.
ALL RIGHTS
RESERVED.
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| 2.2 |
Content from SuperSport.com
web site shall not be used or exploited
for any commercial and non-private purposes without the prior written
consent of SuperSport.com.
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| 2.3 |
Users may only access and
use SuperSport.com for legal
purposes.
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| 2.4 |
Use of content from SuperSport.com
in electronic clipping
services or personalised news services shall only be allowed if such
electronic clipping
service or personalised news service:
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2.4.1 |
does not copy or provide the whole article, as it
appears on SuperSport.com, but only provide a short summary of
the contents of the article;
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2.4.2 |
acknowledges SuperSport.com as the
source of the content;
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2.4.3 |
provides a correct and working hyperlink to the
source of the content or article on SuperSport.com;
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2.4.4 |
acknowledges writers, journalists, photographers
and third party agencies as they are
acknowledged on SuperSport.com; and
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2.4.5 |
includes the date upon which the content was
sourced from SuperSport.com
in the summary of the content.
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| 2.5 |
The caching of SuperSport.com
shall only be allowed if :
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2.5.1 |
The purpose of the caching is to make the onward
transmission of the content from SuperSport.com more efficient;
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2.5.2 |
The cached content is not modified in any manner
whatsoever;
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2.5.3 |
The cached content is updated at least every 12
(twelve) hours; and
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2.5.4 |
The cached content is removed or updated when so
required by SuperSport.com.
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| 2.6 |
If any person uses content
from SuperSport.com in breach of
the provisions detailed herein:
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2.6.1 |
SuperSport.com reserves the right to
claim damages from such person; and
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2.6.2 |
SuperSport.com 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.
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| 2.7 |
Hyperlinks
to SuperSport.com from any other source shall be
directed at the home page
of SuperSport.com. SuperSport.com shall not be
liable, in any manner whatsoever, for any damage, loss or liability
that resulted from the
use of content fromSuperSport.com, if such content was accessed through
a
hyperlink not directed at the home page of SuperSport.com.
Persons that wish
to link to content beyond the home page of SuperSport.com shall do so
at
their own risk and undertake to indemnify SuperSport.com
against any loss, liability or
damage that may result from content on SuperSport.com, if such content
was
accessed through a hyperlink not directed at the home page of
SuperSport.com.
SuperSport Zone’s non-liability for deep linking
is based on the fact that
deep links bypass these terms and conditions.
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| 2.8 |
Users may quote small and
reasonable amounts of content available from SuperSport.com 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.
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| 2.9 |
No person may frame
SuperSport.com, in any manner, without
the prior written consent of SuperSport.com.
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| 2.10 |
Apart from bona-fide search
engine operators and use of the search
facility provided on SuperSport.com 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 SuperSport.com for any purposes, without the prior
written
consent of SuperSport Zone.
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| 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 SuperSport.com at any time without giving reasons therefore.
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| 3. |
INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE |
| 3.1 |
All intellectual property on SuperSport.com,
including but not limited
to content, design elements, software, databases, text, graphics, icons
and hyperlinks are
the property of or licensed to SuperSport.com 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
SuperSport.com are expressly reserved.
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| 4. |
SOFTWARE AND EQUIPMENT |
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the User to acquire and maintain, at his/her
own expense, the computer hardware, software, lines and account to
access the Internet and SuperSport.com.
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| 5. |
DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT |
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Access to the services and
content available from SuperSport.com 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
SuperSport Zone has
the duty to disclose the following information:
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5.1 |
The full name and legal status
of the web site owner: SuperSport Zone Pty
Ltd, Reg. No. 1950/038385/06;
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5.2 |
Street address: 144 Bram
Fischer Drive, Ferndale, 2194
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5.3 |
Postal address: PO Box 2963,
Pinegowrie, 2123
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5.4 |
Physical address for receipt
of legal service: Multichoice City, 144 Bram
Fischer Drive, Ferndale, 2194
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5.5 |
Main business: The main
business of SuperSport.com is the provision of
sports news and sports-related information
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5.6 |
The web site addresses of
SuperSport.com is:
www.supersport.com |
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5.7 |
Membership of self-regulatory
or accreditation bodies: Online Publishers
Association
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5.8 |
Codes of conduct to which the
SuperSport Zone website subscribes: Online
Publishers Association
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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 SuperSport.com may be
downloaded
from:
http://196.2.157.131/docs/Manual_new_PAIA.doc;
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5.10 |
Management: The identities and
contact details of the SuperSport.com
management team are available from:
www.supersport.com |
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5.11 |
Management information of
SuperSport Pty Ltd is available from:
www.supersport.com |
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5.12 |
Costs: Access to content on
SuperSport.com is free to any
person who subscribes to these terms and conditions. Access to some
pages on SuperSport.com may be restricted to persons who registered
through the
“Sign me in” function. Notwithstanding the aforegoing, SuperSport.com
may, in
future, charge fees for access to SuperSport.com;
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5.13 |
Alternative dispute
resolution: Subject to urgent and/or interim relief,
all disputes regarding:
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5.13.1 |
access to SuperSport.com; |
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5.13.2 |
the inability to access SuperSport.com; |
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5.13.3 |
the services and content available from
SuperSport.com; or
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5.13.4 |
these terms and conditions, |
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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;
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5.14 |
Cooling-off period: As far as
practically possible, Users have the right
to return services provided from SuperSport.com within 7 (seven) days
if
such goods or services are not listed in section 42 of the ECT Act; and
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5.15 |
User may lodge complaints
concerning SuperSport.com with SuperSport.com, the Advertising
Standards Authority or the Consumer Affairs Committee.
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| 6. |
CHANGES AND AMENDMENTS |
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SuperSport.com expressly
reserves the right, in its sole and absolute
discretion, to do any of the following, at any time without prior
notice:
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6.1 |
change these terms and
conditions;
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6.2 |
change the content and/or
services available from SuperSport.com;
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6.3 |
discontinue any aspect of
SuperSport.com or service(s)
available from SuperSport.com; and/or
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6.4 |
change the software and
hardware required to access and use SuperSport.com.
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| 7. |
PRIVACY
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7.1 |
SuperSport.com 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
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7.2 |
SuperSport.com may
electronically collect, store and use the following
personal information of Users:
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7.2.1 |
name and surname; |
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7.2.2 |
birth date; |
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7.2.3 |
gender; |
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7.2.4 |
country of residence; |
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7.2.5 |
closest city; |
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7.2.6 |
non-personal browsing habits
and click patterns;
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7.2.7 |
e-mail address; and |
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7.2.8 |
IP address. |
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7.3 |
SuperSport.com collects,
stores and uses the abovementioned information
for the following purposes:
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7.3.1 |
to greet the User when he/she
accesses SuperSport.com;
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7.3.2 |
subject to the User’s consent,
inform the User of facts relating to
his/her access and use of SuperSport.com;
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7.3.3 |
subject to the User’s consent,
inform the User about competitions and
special offers from SuperSport.com and/or its partners /
affiliates;
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7.3.4 |
to provide the User with
targeted advertising when he/she accesses SuperSport.com or the web
sites of SuperSport.com partners / affiliates; and
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7.3.5 |
to compile non-personal
statistical information about browsing habits,
click-patterns and access to SuperSport.com.
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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.
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7.5 |
The User may elect not to
receive any communications from SuperSport.com
and/or its partners / affiliates.
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7.6 |
SuperSport.com may
collect, maintain, save, compile, share, disclose and
sell any information collected from users, subject to the following
provisions:
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7.6.1 |
SuperSport.com shall
not disclose personal information from Users unless
the User consents thereto;
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7.6.2 |
SuperSport.com shall
disclose information without the User’s consent
only through due legal process; and
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7.6.3 |
SuperSport.com may
compile, use and share any information that does not
relate to any specific individual.
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7.7 |
SuperSport.com owns
and retains all rights to non-personal statistical
information collected and compiled by SuperSport.com.
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| 8. |
HYPERLINKS TO THIRD PARTY SITES |
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SuperSport.com may provide hyperlinks to
web sites not controlled by SuperSport.com
and such links do not imply any endorsement, agreement on or support
for the content of
such target sites. SuperSport.com 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.
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| 9. |
SECURITY |
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9.1 |
SuperSport.com shall
take all reasonable steps to secure the content of SuperSport.com and
the information provided by and collected from Users from
unauthorised access and/or disclosure. However, SuperSport.com does not
make any
warranties or representations that content shall be 100% safe and
secure.
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9.2 |
SuperSport.com is under no legal duty to
encrypt any content or communications from
and to SuperSport.com and is also under no legal duty to provide
digital
authentication of any page on SuperSport.com.
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9.3 |
Users may not deliver or attempt to deliver,
whether on purpose or negligently, any
damaging code, such as computer viruses, to SuperSport.com or the
server and
computer network that support SuperSport.com. Notwithstanding criminal
prosecution, any person who delivers any damaging code to
SuperSport.com,
whether on purpose or negligently, shall, without any limitation,
indemnify and hold SuperSport.com harmless against any and all
liability, damages and losses SuperSport.com
and its partners / affiliates may suffer as a result of such damaging
code.
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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 SuperSport.com and its partners
/ affiliates. The
ECT Act may be downloaded from:
http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
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| 10. |
DISCLAIMER AND LIMITATION OF LIABILITY |
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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, SuperSport.com (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:
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10.1.1 |
access to SuperSport.com; |
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10.1.2 |
access to web sites linked to SuperSport.com; |
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10.1.3 |
inability to access SuperSport.com; |
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10.1.4 |
inability to access web sites linked to
SuperSport.com;
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10.1.5 |
content available on SuperSport.com; |
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10.1.6 |
services available from SuperSport.com; |
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10.1.7 |
any other reason not directly related to
SuperSport.com’s gross negligence.
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10.2 |
SuperSport.com 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 SuperSport.com, that the content and services available
from and through SuperSport.com meet the User's individual requirements
and is compatible with the User's
computer hardware and/or software.
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10.3 |
Information, ideas and
opinions expressed on SuperSport.com
should not be regarded as professional advice or the official opinion
of SuperSport.com
and Users are encouraged to consult professional advice before taking
any course of action
related to the information, ideas or opinions expressed on
SuperSport.com.
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10.4 |
This web site is directed
primarily at Users in the Republic of South
Africa and therefor SuperSport.com 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.
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10.5 |
SuperSport.com 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 SuperSport.com only serves
as an electronic
distribution platform for such third party content. Therefore
SuperSport.com shall not be
liable, in any manner whatsoever for defamation, privacy infringement,
personality
infringement or copyright infringement related to content on
SuperSport.com
not created by SuperSport.com or its employees.
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10.6 |
SuperSport.com does
not make any warranties or representation that
content and services available from SuperSport.com will in all cases be
true, correct or free from any errors. SuperSport.com shall take all
reasonable steps to
ensure the quality and accuracy of content available from
SuperSport.com.
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10.7 |
SuperSport.com does
not make any warranties or representations that SuperSport.com will be
available at all times. Users acknowledge that SuperSport.com may be
unavailable due to updates or other causes beyond the
reasonable control of SuperSport.com, including, but not limited to
virus infection,
power failure or other “acts of God”.
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| 11. |
REMOVAL AND CORRECTION OF CONTENT |
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Users are encouraged to report untrue,
inaccurate, defamatory, illegal, infringing
and/or harmful content available from SuperSport.com to SuperSport.com
and SuperSport.com 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.
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| 12. |
POSTINGS |
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These Terms and Conditions of
Use constitute the entire agreement between SuperSport.com and you, the
user of this website. Any failure by SuperSport.com 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.
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12.1 |
Users may post their personal
opinions, messages and ideas to SuperSport.com and discussion forums
available on SuperSport.com.
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12.2 |
Users undertake not to post
content to SuperSport.com that
may be illegal, defamatory, infringing, harassing, obscene, commercial
advertising,
personal marketing, profane, untrue, incorrect or harmful and
SuperSport.com reserves the
right to remove such content in terms of clause 11 above.
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12.3 |
SuperSport.com does
not editorially control, filter or read User postings
and shall not be liable, in any manner whatsoever, for such User
postings.
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12.4 |
The User indemnifies and holds
SuperSport.com harmless against any
liability, claim, damage or loss that may result from the User’s
posting(s) to SuperSport.com.
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| 13. |
INTERCEPTION OF COMMUNICATIONS |
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13.1 |
Subject to the provisions of the Regulation of
Interception of Communications (RIC)
Act 70 of 2002, the User agrees to SuperSport.com’s right to intercept,
block,
filter, read, delete, disclose and use all communications send or
posted by the User to SuperSport.com or its staff and employees. The
RIC Act may be downloaded
from:
http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
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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.
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| 14. |
ENTIRE AGREEMENT AND SEVERABILITY |
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14.1 |
These terms and conditions constitute the entire
agreement between SuperSport.com and
the User and shall take precedent over any disclaimers and/or legal
notices attached to
any communications and/or postings received by SuperSport.com from the
User.
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14.2 |
Any failure by SuperSport.com to exercise or
enforce any right or provision shall in
no way constitute a waiver of such right or provision.
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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.
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| 15. |
AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT |
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The User and SuperSport.com
agree that:
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15.1 |
the User shall be bound to these term and
conditions and such agreement at the time
the User enters SuperSport.com for the first time or immediately after
the
User indicated consent as required during the “Sign me in” process;
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15.2 |
data messages (as defined in the ECT Act)
addressed by the User to SuperSport.com
shall only be deemed to have been received by SuperSport.com if
SuperSport.com responds
thereto;
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15.3 |
data messages (as defined in the ECT Act)
addressed to the User by SuperSport.com
shall be deemed to be received by the User as detailed in section 23(b)
of the ECT Act;
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15.4 |
data messages (as defined in the ECT Act)
addressed by the User to SuperSport.com
shall be deemed to have been created and send by the User from within
the geographical
boundaries of South Africa;
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15.5 |
electronic signatures, encryption and/or
authentication is not required for valid
electronic communications between the User and SuperSport.com; and
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15.6 |
the User agrees and warrants that data messages that are sent to SuperSport.com 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. |
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16. |
APPLICABLE AND GOVERNING LAW
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SuperSport.com 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 SuperSport.com, its content, services and these terms and conditions. |
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| 17. |
LEGAL COSTS |
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SuperSport.com shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions. |
© SuperSport.com Pty Ltd. These terms and conditions may not be used or reproduced without the prior consent of SuperSport.com Pty Ltd
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