T&Cs

TERMS AND CONDITIONS

Effective as of 1 June 2015

Welcome to the home of Saasawubona.com, a web site currently located at www.saasawubona.com

Important Notice

(1)Please read our terms of use carefully. Your use of this web site and any of the services offered on this web site will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site or use any of the services available via our web site.

(2)Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.

(3)If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.

(4)We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

Should you have any questions regarding this site’s terms of use, please send an e-mail to us at sawubonaeditorial@ndalomedia.com or submit it online from our CONTACT US page.

Part A: General Information and Terms

  1. General Information

For your convenience, we have listed below some general information about ourselves:

“We” are Ndalo Media (Pty) Ltd, and “us” and “our” have a corresponding meaning herein.

Ndalo Media (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2007/005856/07.

The managing director of Ndalo Media (Pty) Ltd is Ms K Dhlomo and the Board of Directors of Ndalo Media (Pty) Ltd are Ms K Dhlomo, Mr L Dhlomo and Mr R Lalbahadur.

Our postal address is PO Box 2077, Lonehill 2062.

Our address of establishment is at Bryanston Corner Office Park, 1st floor, Building B, 18 Ealing Crescent (off Culross road), cnr Main road & Bryanston drive, Bryanston, 2191, South Africa and we will accept service of all legal documents there;

Our telephone and facscimile numbers are Tel: +27 (0)11 300 6700, Fax: +27 (0)11 300 6767

Our e-mail address is sawubonaeditorial@ndalomedia.com

We are members of the following professional body: The Digital Media and Marketing Association whose details can be found at http://www.dmma.co.za.

Our webmaster can be contacted at sawubonaeditorial@ndalomedia.com

  1. Definitions

In these terms of use:

We, us and our means Ndalo Media (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

You mean a user of this website; and

Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;

  1. General Conditions of Use for this Web Site

(1)You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.

(2)You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site, including our Contributor Guidelines, available via sawubonaeditorial@ndalomedia.com. You may not post or transfer any material to our website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.

(3)We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such contentdoes not represent our views and we have not authorised or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our team if you have a complaint about the activities of or content submitted by a user of this site via sawubonaeditorial@ndalomedia.com

(4)We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.

(5) Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.

(6) Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

(7) The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

(8) ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

(9) We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.

(10) We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes.

(11) We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.

(12) “This website uses nugg.ad AG (www.nugg.ad) technology to monitor data on controlling advertising.To this end, nugg.ad saves the frequency of use of various website topics in the form of cookies. These cookies are stored in the browser of your device (e.g. PC, laptop, smart phone etc.) for a maximum period of 26 weeks. nugg.ad’s technology may also save basic information on your use of other Internet websites in order to estimate what advertising might interest you the most.

If you would like to see advertising on Internet sites that are of interest to you, then you can opt in to receive a further theme-based analysis of your usage behaviour. If you give your agreement, then this opt-in cookie will also be stored in the browser of your device. It will be stored for 1 year. If previously collected nugg.ad cookies are present in the browser of your device, by setting the Opt-In cookie the following will happen: With your permission the nugg.ad cookie lifespan is lengthened to 1 year (calculated from the moment the cookie is set). Information stored on nugg.ad cookies prior to OptingIn is retained and will be deleted upon the expiration of cookie (maximum 1 year).

You have the right to prevent the recording of information by the nugg.ad system at any time by exercising your right to opt out. If you have already given your consent, you can also cancel it at any time, effective there after. An opt-out will also be stored in a cookie in your browser’s device with a lifespan of 10 years, it will be named “nuggstopp”, and will be set by “nuggad.net”.

For further information of nugg.ad’s privacy policy, please go to http://ad-choices.nuggad.net/index.html.en. The topic monitor will show you how your interests are estimated on the basis of your previous surfing behaviour.

I do not want nugg.ad to analyse my surfing behaviour by topic on Internet sites. This objection will be stored in a cookie on my browser, and has a lifespan of 10 years I would like to see advertising that is relevant to me, and agree to nugg.ad’s analysis by topic of my surfing behaviour. This permission is limited to the period of one year . Please note the following: The cookie is not to be deleted while there is no permission to monitor data. If you delete all the cookies in your browser, you will have to repeat the process.”

  1. Risk and Liability

(1) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

(2) IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE FEES ACTUALLY RECEIVED FROM YOU IN RESPECT OF THE SERVICE COMPONENT MOST CLOSELY ASSOCIATED WITH THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

Part A: Magazine Subscriptions

  1. Subscription Process

(1)You may submit a request to subscribe to Sawubona by logging on to www.mysubs.co.za/magazine/sawubona

(2) Although we endeavour to procure that the subscription packages that appear on this web site are displayed and described completely and accurately, we do not warrant same and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description.

Part B: Liability

(1) IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY SUBSCRIPTION EXCEED THE PRICE ACTUALLY RECEIVED FROM YOU PURSUANT TO SUCH SUBSCRIPTION FOR THE MAGAZINE THAT IS MOST CLOSELY CONNECTED TO THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

(2) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

(3) YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER OR NOT OUR MAGAZINES ARE SUITABLE FOR YOUR REQUIREMENTS. THE CONTENT OF OUR MAGAZINES DOES NOT CONSTITUTE PROFESSIONAL ADVICE. RELIANCE ON AND USE OF SUCH, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF SUCH CONTENT, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.

Part C: Competitions

(1)Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:

The prizes on offer

The steps required to participate

The basis for determining the winners

The closing date

How the winners will be made known

Where, when and from whom prizes are to be claimed

The address of the web pages where the competition rules and these terms can be obtained

(2)All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

(3)Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.

(4)The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

(5)We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

(6)Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.

(7)The judges’ decision will be final. We will not enter into correspondence.

(8)Where entry by SMS is applicable, SMSs are charged. Standard rates apply of R1,50 per SMS. Free rates do not apply. Errors will be billed.

(9)Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

(10)We reserve the right not to award a prize in any situation where it would be unlawful to do so.

(11)Multiple winners may be subject to tie-break to decide an outright winner.

(12)We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.

(13)Your name and place of residence may be published when winners are announced.

(14)Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.

(15)No cash alternative is available to any prize unless expressly stated otherwise.

(16)Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

(17)If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

(18)Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.

(19)We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.

(20)YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

Part D: Contributor Guidelines

Our web site is home to a community of travellers and business-minded people. So, to be a part of our community and engage with other users on an ongoing basis, there are two non-negotiable rules we enforce to protect users and ourselves:

Rule 1: We ask all Users to embrace the spirit of civil disagreement. We require and encourage users to share their opinions openly but with due consideration for others. In other words, we want Users to agree or disagree as strongly as they believe appropriate without being abusive. While we appreciate constructive criticism we expect all users to treat others with respect.

Rule 2: We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content.

And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable:

Hate speech, racism, discrimination, or content that is libellous, defamatory, false or misleading or misrepresents another person – particular if obvious or deliberate.

Any writings that include swear words or obscene or inappropriate language.

Activities that constitutes stalking, harassment or abuse, or is considered threatening towards a person or other people.

Anything that infringes someone else’s intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it’s up to you to credit the original author and publication.

Anything that contains information contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion.

We generally decide what’s acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable list, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact us directly on +27 (0)11 300 6700 or email us at sawubonaeditorial@ndalomedia.com

Part E: Complaints and General

(1)We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can email sawubonaeditorial@ndalomedia.com We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:

Your full names, physical address, telephone number and email address

The location and description of the service feature or transaction which is the cause of your complaint

The problem with the service or transaction or rights that you allege to be infringed by such feature or component

The actions you would like us to take to remedy the problem

A statement confirming that you are making the complaint in good faith

A statement confirming that the information you are providing to us is to the best of your knowledge true and correct

Please incorporate your signature into the complaint

(2)Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Gauteng High Court, Johannesburg provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.

(3)These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

(4)Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

(5)You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

(6)We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.