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Friday, May 24, 2019
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Website Terms & Conditions

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS SPOTLIGHT NEWSPAPER WEBSITE OR ANY PART THERE OF (SPOTLIGHT NEWSPAPER WEBSITE) 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 SPOTLIGHT NEWSPAPER WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION
a. References herein to the Spotlight Newspaper website or content shall include any part thereof;
b. References herein to User(s) means any person who access the Spotlight Newspaper website, notwithstanding the fact that such a person only visited the home page of the Spotlight Newspaper website;
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 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.

1. GENERAL
1.1 Spotlight Newspaper, South Africa’s online news service, provides groundbreaking news from around the world around the clock. With an emphasis on South African and African news, Spotlight Newspaper provides comprehensive English coverage of general news, business, sport and other major interest areas. In addition to high-quality news, Spotlight Newspaper provides a range of additional interactive services.
1.2 Agencies not affiliated to Spotlight Newspaper have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the Spotlight Newspaper website originates from such agencies.

2. ALLOWED USE AND LICENSE
2.1. Spotlight Newspaper licenses the User to view, copy, download and print the content of the Spotlight Newspaper website, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the Spotlight Newspaper website includes the following copyright notice: © Spotlight Newspaper 2014. ALL RIGHTS RESERVED.
2.2 Content from the Spotlight Newspaper website shall not be used or exploited for any commercial and non-private purposes without the prior written consent Spotlight Newspaper.
2.3 Users may only access and use the Spotlight Newspaper website for legal purposes.
2.4 Use of content from the Spotlight Newspaper we 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 Spotlight Newspaper website, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Spotlight Newspaper 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 Spotlight Newspaper website;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Spotlight Newspaper website; and
2.4.5 includes the date upon which the content was sourced from the Spotlight Newspaper website in the summary of the content.
2.5 The caching of the Spotlight Newspaper website shall only be allowed if:
2.5.1 The purpose of the caching is to make the onward transmission of the content from the Spotlight Newspaper website 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 Spotlight Newspaper.
2.6 If any person uses content from the Spotlight Newspaper we site in breach of the provisions detailed herein:
2.6.1 Spotlight Newspaper reserves the right to claim damages from such person; and
2.6.2 Spotlight Newspaper 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 Spotlight Newspaper website from any other source shall be directed at the home page of the Spotlight Newspaper website. Spotlight Newspaper shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Spotlight Newspaper website, if such content was accessed through a hyperlink not directed at the home page of the Spotlight Newspaper website. Persons that wish to link to content beyond the home page of the Spotlight Newspaper website shall do so at their own risk and undertake to indemnify Spotlight Newspaper against any loss, liability or damage that may result from content on the Spotlight Newspaper website, if such content was accessed through a hyperlink not directed at the home page of the Spotlight Newspaper website.
Spotlight Newspaper’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 Spotlight Newspaper website 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 Spotlight Newspaper website, in any manner, without the prior written consent of Spotlight Newspaper.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the Spotlight Newspaper website 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 Spotlight Newspaper website for any purposes, without the prior written consent of Spotlight Newspaper.
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 Spotlight Newspaper at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the Spotlight Newspaper website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Spotlight Newspaper 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 Spotlight Newspaper website are expressly reserved.
3.2 “Spotlight Newspaper” is a registered trademark and Users agree not to use the Spotlight Newspaper trademark or the “logo” 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 Spotlight Newspaper 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 Spotlight Newspaper website.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Spotlight Newspaper website is classified as “electronic transactions” in terms of the ECT Act and there for Users have the rights detailed in Chapter 7 of the Act and Spotlight Newspaper has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Spotlight Newspaper (Pty) Ltd, Reg. No.
2013/037409/07;
5.2 Street address: Louisar House, 149 Pritchard Street, Johannesburg, 2000.
5.3 Postal address: 11878 Ext 7B, Motaung Street, Orange Farms, 1841.
5.4 Physical address of receipt of legal service: Louisar House, 149 Pritchard Street, Johannesburg, 2000

5.5 Main business: The main business of Spotlight Newspaper (Pty) Ltd is the provision of news, education and entertainment content;
5.6 The website addresses of the Spotlight Newspaper website are: www.spotlightnews.co.za and www.spotnews.co.za;
5.7 Membership of self-regulatory or accreditation bodies: Spotlight Newspaper is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
5.8 Codes of conduct to which the Spotlight Newspaper website subscribes: Spotlight Newspaper’s editorial policy is aligned to practices of the constitution of the Republic of South Africa;
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 the Spotlight Newspaper website may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;
5.10 Management: The identities and contact details of the Spotlight Newspaper management team are available from: http://www.spotnews.co.za;
5.11 Management information of Spotlight Newspaper (Pty) Ltd is available from:

http://www.spotnews.co.za/;

5.12 Costs: Access to content on the Spotlight Newspaper website is free to any person who subscribes to these terms and conditions. Access to some pages on the Spotlight Newspaper website may be restricted to persons who registered through the “Sign me in” function. Notwithstanding the a foregoing, Spotlight Newspaper may, in future, charge fees for access to the Spotlight Newspaper website;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to the Spotlight Newspaper website;
5.13.2 the inability to access the Spotlight Newspaper website;
5.13.3 the services and content available from the Spotlight Newspaper website; or
5.13.4 these terms and conditions,
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 Johannesburg 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 website: http://www.arbitration.co.za;
5.14 Cooling-off period: As far as practically possible, Users have the right to return services provided from the Spotlight Newspaper website within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.15 User may lodge complaints concerning the Spotlight Newspaper website with Spotlight Newspaper (Pty) Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.

6. CHANGES AND AMENDMENTS
Spotlight Newspaper expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the Spotlight Newspaper website;
6.3 discontinue any aspect of the Spotlight Newspaper website or service(s) available from the Spotlight Newspaper website; and/or
6.4 change the software and hardware required to access and use the Spotlight Newspaper website.

7. PRIVACY
7.1 Spotlight Newspaper 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
7.2 Spotlight Newspaper may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.3 gender;
7.2.4 country of residence;
7.2.5 closest city;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address; and
7.2.8 IP address.
7.3 Spotlight Newspaper collects, stores and uses the above-mentioned information for the following purposes:
7.3.1 to greet the User when he/she accesses the Spotlight Newspaper website;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the Spotlight Newspaper website;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from Spotlight Newspaper and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses the Spotlight Newspaper website or the websites of Spotlight Newspaper partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the Spotlight Newspaper website.
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.
7.5 The User may elect not to receive any communications from Spotlight Newspaper and/or its partners / affiliates.
7.6 Spotlight Newspaper may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Spotlight Newspaper shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Spotlight Newspaper shall disclose information without the User’s consent only through due legal process; and
7.6.3 Spotlight Newspaper may compile, use and share any information that does not relate to any specific individual.
7.7 Spotlight Newspaper owns and retains all rights to non-personal statistical information collected and compiled by Spotlight Newspaper.

8. HYPERLINKS TO THIRD PARTY SITES
Spotlight Newspaper may provide hyperlinks to websites not controlled by Spotlight Newspaper (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Spotlight Newspaper 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.

9. SECURITY
9.1 Spotlight Newspaper shall take all reasonable steps to secure the content of the Spotlight Newspaper website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Spotlight Newspaper does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Spotlight Newspaper is under no legal duty to encrypt any content or communications from and to the Spotlight Newspaper website and is also under no legal duty to provide digital authentication of any page on the Spotlight Newspaper website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Spotlight Newspaper website or the server and computer network that support the Spotlight Newspaper website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Spotlight Newspaper website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Spotlight Newspaper harmless against any and all liability, damages and losses Spotlight Newspaper and its partners / affiliates may suffer as a result of such damaging code.
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 Spotlight Newspaper and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

10. DISCLAIMER AND LIMITATION OF LIABILITY
. 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, Spotlight Newspaper (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:
10.1.1 access to the Spotlight Newspaper website;
10.1.2 access to websites linked to the Spotlight Newspaper website;
10.1.3 inability to access the Spotlight Newspaper website;
10.1.4 inability to access websites linked to the Spotlight Newspaper website;
10.1.5 content available on the Spotlight Newspaper website;
10.1.6 services available from the Spotlight Newspaper website;
10.1.7 any other reason not directly related to Spotlight Newspaper’s gross negligence.
10.2 The Spotlight Newspaper website 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 him or herself, prior to entering into this agreement with Spotlight Newspaper, that the content and services available from and through the Spotlight Newspaper website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Spotlight Newspaper website should not be regarded as professional advice or the official opinion of Spotlight Newspaper and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Spotlight Newspaper website.
10.4 This website is directed primarily at Users in the Republic of South Africa and there for Spotlight Newspaper 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.
10.5 Spotlight Newspaper 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 Spotlight Newspaper only serves as an electronic distribution platform for such third party content. Therefore Spotlight Newspaper shall not be liable, in any manner whatsoever for defamation, privacy infringement, and personality infringement or copyright infringement related to content on the Spotlight Newspaper website not created by Spotlight Newspaper or its employees.
10.6 Spotlight Newspaper does not make any warranties or representation that content and services available from the Spotlight Newspaper website will in all cases be true, correct or free from any errors. Spotlight Newspaper shall take all reasonable steps to ensure the quality and accuracy of content available from the Spotlight Newspaper website.
10.7 Spotlight Newspaper does not make any warranties or representations that the Spotlight Newspaper website will be available at all times. Users acknowledge that the Spotlight Newspaper website may be unavailable due to updates or other causes beyond the reasonable control of Spotlight Newspaper, including, but not limited to virus infection, power failure or other “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Spotlight Newspaper website to Spotlight Newspaper and Spotlight Newspaper 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.

12. POSTINGS
These Terms and Conditions of Use constitute the entire agreement between SPOTLIGHT NEWSPAPER ™ and you, the user of this website. Any failure by SPOTLIGHT NEWSPAPER ™ 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.
12.1 Users may post their personal opinions, messages and ideas to the Spotlight Newspaper website and discussion forums available on the Spotlight Newspaper website.
12.2 Users undertake not to post content to the Spotlight Newspaper website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Spotlight Newspaper reserves the right to remove such content in terms of clause 11 above.
12.3 Spotlight Newspaper does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
12.4 The User indemnifies and holds Spotlight Newspaper harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the Spotlight Newspaper website.

13. INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Spotlight Newspaper’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Spotlight Newspaper website or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
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.

14. ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between Spotlight Newspaper and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Spotlight Newspaper from the User.
14.2 Any failure by Spotlight Newspaper to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
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.

15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Spotlight Newspaper agree that:
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg at the time the User enters the Spotlight Newspaper website for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
15.2 data messages (as defined in the ECT Act) addressed by the User to Spotlight Newspaper shall only be deemed to have been received by Spotlight Newspaper if Spotlight Newspaper responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by Spotlight Newspaper shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 data messages (as defined in the ECT Act) addressed by the User to Spotlight Newspaper shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Spotlight Newspaper; and
15.6 the User agrees and warrants that data messages that are sent to Spotlight Newspaper 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.

16. APPLICABLE AND GOVERNING LAW
The Spotlight Newspaper website 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 the Spotlight Newspaper website, its content, services and these terms and conditions.

17. LEGAL COSTS
Spotlight Newspaper shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

©2014 These terms and conditions may not be used or reproduced without the prior consent of Spotlight Newspaper (Pty) Ltd

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