READER COMMENTS POLICY
For The Messenger SA to be the conduit through which independence, neutrality and inclusivity are facilitated, we need to ensure that everybody respects one another. As a reader, please don’t write any reckless, hate-filled, and/or offending comments. This will not only waste your time but also that of the team at The Messenger SA.
We reserve the right to remove your comments, and if necessary, ban your access to The Messenger SA if you don’t comply with our rules as stipulated in our Terms and Conditions. Be constructive, share information, debate, and most of all, share your opinion with us.
Definitions and Interpretation
- Website means the website of The Messenger at URL http://www.themessenger.global/
- The Messenger SA will be referred to as TMSA
- Personal Information means information relating to an identifiable, living, natural person and where it is applicable, identifiable, existing juristic person, including all information as defined in the Protection of Personal Information Act 4 of 2013.
- Processing means the creation, generation, communication, storage, destruction of personal information as more fully defined in the Protection of Personal Information Act 4 of 2013.
Status and Amendments
Processing of Personal Information
- By providing your personal information to TMSA you acknowledge that it has been collected directly from you and consent to its processing by TMSA.
- Where you submit Personal Information (such as name, address, telephone number and email address) via the website (e.g. through registering for the TMSA newsletter).
- TMSA will only collect personal information for a purpose consistent with the purpose for which it is required (e.g. signing you up to the newsletter).
- TMSA will only process personal information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is processed.
- Personal information will only be processed for a purpose compatible with that for which it was collected unless you have agreed to an alternative purpose in writing or TMSA is permitted in terms of national legislation of general application dealing primarily with the protection of personal information.
- TMSA will keep records of all personal Information collected and the specific purpose for which it was collected for a period of 1 (one) year from the date on which it was last used.
- TMSA will not disclose any personal information relating to you to any third party unless your prior written agreement is obtained or TMSA is required to do so by law.
- If personal information is released with your consent TMSA will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of 1 (one) year from the date on which it was last used.
- TMSA will destroy or delete any personal information that is no longer needed by TMSA for the purpose it was initially collected, or subsequently processed.
- Note that, as permitted by the Electronic Communications and Transactions Act 25 of 2002, TMSA may use personal information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
Collection of Anonymous Data
- TMSA may use standard technology to collect information about the use of this website. This technology is not able to identify individual users but simply allows TMSA to collect statistics (e.g. Google Analytics).
- TMSA may utilise temporary or session cookies to keep track of users' browsing habits. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this website and facilitate user convenience.
- Cookies by themselves will not be used to identify users personally but may be used to compile statistics relating to the use of services offered or to provide TMSA with feedback on the performance of this website.
- The following classes of information may be collected in respect of users who have enabled cookies:
- The browser software used;
- IP address;
- Date and time of activities while visiting the website;
- URLs of internal pages visited; and
- If you do not wish cookies to be employed to customise your interaction with this website it is possible to alter the way your browser handles cookies.
- TMSA takes reasonable measures to ensure the security and integrity of information submitted to or collected by this website, but cannot under any circumstances be held liable for any loss or other damage sustained by you because of unlawful access to or dissemination of any personal information by a third party.
Links to Websites
TERMS AND CONDITIONS APPLICABLE AS OF MAY 2018
Definitions and Interpretation
- TMSA means The Messenger South Africa
- You or the user means any person who accesses this Website for any purpose.
- Website means the website of TMSA at URLhttp://www.themessenger.global/ or such other URL as TMSA may choose from time to time.
Use Subject to these Terms and Conditions
- Your access, browsing and use of this website are governed by these terms and conditions. By accessing and browsing this website you agree that you will be bound by these terms and conditions from the time when you first access this Website and to any amended terms and conditions from the first time that you access the Website subsequent to amended terms and conditions becoming effective.
- These terms and conditions include TMSA’s Privacy Statement, governing TMSA’s processing of any personal information which may be provided to it through the use of this website. TMSA Privacy Statement may be accessed and read at http://www.themessenger.global/.
- Due to legal and other developments, TMSA may amend these Terms and Conditions. The date indicated in the heading of these Website Terms and Conditions is the effective date that governs the browsing and use of this website from that date until the next revision of these Website Terms and Conditions becomes effective.
- By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended terms and conditions.
- These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and TMSA both agree to submit any dispute arising out of the use of this website to the exclusive jurisdiction of the courts of the Republic of South Africa.
Third Party Sites
- The website contains hyperlinks to websites owned and/or operated by third parties. TMSA is not responsible for the content of such websites and does not endorse or approve the contents thereof. The fact that a website is linked to the TMSA website does not imply that TMSA sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website. Consequently, TMSA is not liable for the operation and content of any third-party websites that may be linked to this Website (regardless of whether a link has been permitted by TMSA).
- Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, and/or object code and all other works contained in this Website is owned/licensed to or by TMSA which asserts and reserves all its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by TMSA or any other party.
- The contents of this website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of TMSA. However, TMSA permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips on this website provided that:
- this is for your personal education or your own professional business with respect to the publication of news or opinions;
- you do not modify the content of this material;
- TMSA website is the acknowledged source including the reference for www.themessenger.global and,
- this permission may be revoked at any time by TMSA.
- No other use of this website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another's website, without the prior written consent of TMSA. Enquiries in this regard may be made to email@example.com.
- All information accessed or browsed using this website is provided “as is”.
- While TMSA shall endeavour to ensure that all material published on the website is accurate at the time of its publication, it gives no warrantees as to the accuracy of the information and the information may not temporally correct. Your use of the information is entirely at your own risk and no liability will arise against TMSA resulting from your browsing the website or using the information provided on the website.
- TMSA does not warrant that this website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by TMSA will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful components.
- You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.
- Permission to link to this website will be granted strictly without the assumption of any liability on the part of TMSA. TMSA reserves the right to withdraw the permission granted to link to this Website at any time in the entire discretion of TMSA’s Information Officer.
- The prior written authority of TMSA, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for authority can be emailed to firstname.lastname@example.org.
- Save for the use of search engine and the search facility provided on the website for 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 Website for any purpose without the prior written consent of TMSA. Any attempt to do so, whether successful or not, is an offence as contemplated in 7.1.
- Any person who in any manner interferes with the data or information displayed on this website in any way which causes it to be modified, destroyed or otherwise rendered ineffective or inaccurate, acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offence.
- Any person who in any manner interferes with any third party’s access to this website or denies access to the website, whether partial or absolute, is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.
- Any attempt to commit or aid and abet someone in the commission of the offences referred to in 7.1 and7.2 is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.
- TMSA will, as it may be advised, cause the prosecution of any person who is guilty of an offence described in 7.1 and 7.2.
- TMSA will, as it may be advised, institute appropriate action to obtain relief against the perpetrator of the actions contemplated in 7.1, 7.2 and 7.3, with a view to recovering any damages that it may suffer and to protect TMSA website against defacement, unauthorised amendment of content and disruption of the use of the website.
- While TMSA will take appropriate security precautions to protect the website against abuse by third parties, by accessing and browsing this website you accept that no liability will lie against TMSA for any damages caused to you by the malicious interference with the operation of this website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the website.
Disclaimer and Indemnity
- TMSA expressly rejects all liability for any direct, indirect or consequential loss or damage occasioned by your accessing and browsing of the website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors, omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and TMSA had been advised of the possibility of the loss occurring.
- You agree to indemnify and hold harmless TMSA, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access, browsing or use of this website.
- These terms and conditions record the entire agreement between you and TMSA in respect of your access, browsing and use of the website.
- If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
- TMSA's omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by TMSA in writing.
- Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
© COPYRIGHT RESERVED THE MESSENGER MEDIA INNOVATION GROUP
This work is copyright under the Berne Convention. In terms of the Copyright Act 98 of 1978, no part of this document and website may be amended, reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from The Messenger Media Innovation Group.