Agreement between user and The Citizen
This Web site is made available to you, (the "User") by The Citizen (Pty) Limited ("The Citizen") newspaper conditional upon your acceptance without modification, of the terms, conditions and notices contained in this agreement. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
Security policy
Although The Citizen has taken reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only to The Citizen's associates who help ensure the efficient running of The Citizen’ s Web sites, The Citizen cannot and does not represent nor does it guarantee that the personal information you provide will not be intercepted by others. In the unlikely event that your information is intercepted by a third party, The Citizen shall incur no liability to you or anyone else as a result thereof.
Operation within South Africa
This Web site and the services provided by The Citizen are operated from within the Republic of South Africa ("the Republic"), and hence the relevant South African Law applies. This includes the levying of Value Added Tax (VAT) for services supplied.
Copyright and trademark notices
All intellectual property contained in this Web site is owned by The Citizen and/or its affiliated organisations and/or the Organisations which may be advertising on this Web site (collectively "the Participants") and such property is protected by copyright and/or trademark laws. Citizen.co.za and TheCitizen.co.za are also registered domain names. Other product and company names mentioned or advertised on The Citizen’s Web sites, including the names of Advertisers, may be the trademarks of their respective owners. All of the Participant's rights are strictly reserved.
Disclaimers and limitations
The Citizen intends that the information contained in this Web site be accurate and reliable, however, errors sometimes do occur. In addition, The Citizen may make changes and improvements to the information provided therein at any time. This web site and any information, software, products and services associated with it are provided "as is." The Citizen and/or the Participants disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to The Citizen’s Web sites and any information, software, products and services provided therein, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of The Citizen’s Web sites is at your own risk. The Citizen and/or the Participants are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this Web site or with the delay or inability to use the Web site, or for any information, software, products and services obtained through the Web site, or otherwise arising out of the use of the Web site, whether resulting in whole or in part, from breach of contract, delictual/torturous behavior, negligence, strict liability or otherwise, even if The Citizen and/or its suppliers and/or the Participants had been advised of the possibility of damages or ought reasonably to have known of the possibility of damages. The views and opinions expressed in any news articles in the News section or which appear elsewhere on The Citizen’s Web sites are those of The Citizen newspaper. In addition, should you intend relying on any advice given in the News section or elsewhere on The Citizen’s Web sites, we recommend that you obtain the appropriate professional advice before doing so. The Citizen and the Participants cannot be held liable for any defamatory matter which may be accessed using The Citizen’s Web sites, nor shall it be liable for any damages which you may suffer as a result of any incorrect or inappropriate advice given or accessed using The Citizen’s Web sites.
Indemnity
As a condition of use of this Web site, you agree to indemnify The Citizen from and against any and all liabilities, expenses (including attorneys' fees on the attorney and own client scale) and damages arising out of claims made against The Citizen resulting from your use of this Web site, including without limitation, any claims alleging facts that if true would constitute a breach by you of this agreement.
Links to third parties
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. The Citizen does not operate or control in any respect any information, software, products or services available on such Web sites. The Citizen's inclusion of an advertisement or a link to a Web site does not imply any endorsement of the site or advertisement, its contents, the services offered in terms thereof or its sponsoring organization.
General
This agreement shall be governed by and construed under and in accordance with the laws of the Republic of South Africa. You hereby consent, in terms of section 45 of the Magistrates' Court Act 32 of 1944 to the jurisdiction of the Magistrate's Court otherwise having jurisdiction in respect of any action to be instituted against you by The Citizen in terms hereof. It shall nevertheless be entirely within the discretion of The Citizen as to whether to proceed against you in such Magistrate's Court or any other court having jurisdiction. Use of this Web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. This agreement constitutes the entire agreement between you and The Citizen and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and The Citizen with respect to this Web site and information, software, products and services associated with it. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.