Terms and Conditions
The Terms & Conditions pertaining to all of schoolsportlive.com’s (also referred to as SSL) online properties.
THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE SSL WEB SITE, MOBILE SITE, FURTHER APPLICATIONS AND ITS PARTNERS OR ANY PARTS THEREOF (SCHOOLSPORTLIVE.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 SCHOOLSPORTLIVE.COM & ALL SOCIAL MEDIA CHANNELS 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/
DEFINITIONS AND INTERPRETATION
a. References herein to SSL shall include any part thereof (including mobi site, social channels and apps) and all partner sites;
b. References herein to User(s) means any persons who access schoolsportlive.com, notwithstanding the fact that such a person only visited the home page of schoolsportlive.com;
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.
1.1 schoolsportlive.com, one of 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, schoolsportlive.com provides a range of additional interactive services.
1.2 Agencies not affiliated to schoolsportlive.com have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on all the SSL channels originates from such agencies.
2.ALLOWED USE AND LICENSE
2.1. Schoolsportlive.com licenses the User to view, copy, download and print the content of Schoolsportlive.com, 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 Schoolsportlive.com, after permission has been given, includes the following copyright notice: © Schoolsportlive.com. ALL RIGHTS RESERVED.
2.2 Content from Schoolsportlive.com web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Schoolsportlive.com.
2.3 Users may only access and use Schoolsportlive.com for legal purposes.
2.4 Use of content from Schoolsportlive.com 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 Schoolsportlive.com, but only provide a short summary of the contents of the article;
2.4.2 acknowledges Schoolsportlive.com as the source of the content;
2.4.3 provides a correct and working hyperlink to the source of the content or article on Schoolsportlive.com;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on Schoolsportlive.com; and
2.4.5 includes the date upon which the content was sourced from Schoolsportlive.com in the summary of the content.
2.5 The caching of Schoolsportlive.com shall only be allowed if :
2.5.1 The purpose of the caching is to make the onward transmission of the content from Schoolsportlive.com 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 Schoolsportlive.com.
2.6 If any person uses content from Schoolsportlive.com in breach of the provisions detailed herein:
2.6.1 Schoolsportlive.com reserves the right to claim damages from such person; and
2.6.2 Schoolsportlive.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.
2.7 Hyperlinks to Schoolsportlive.com from any other source shall be directed at the home page of Schoolsportlive.com. Schoolsportlive.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from Schoolsportlive.com, if such content was accessed through a hyperlink not directed at the home page of Schoolsportlive.com. Persons that wish to link to content beyond the home page of Schoolsportlive.com shall do so at their own risk and undertake to indemnify Schoolsportlive.com against any loss, liability or damage that may result from content on Schoolsportlive.com, if such content was accessed through a hyperlink not directed at the home page of Schoolsportlive.com.
SSL 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 Schoolsportlive.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.
2.9 No person may frame SSL, in any manner, without the prior written consent of Schoolsportlive.com.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on Schoolsportlive.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 SSL for any purposes, without the prior written consent of SSL.
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 SSL at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on SSL, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to School Sport Live 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 SSL are expressly reserved.
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 Schoolsportlive.com.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from SSL 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 SSL has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: SchoolSportLive Pty Ltd, Reg. No. 2016/227821/07;
5.2 Street address: 49 Bloem Street, Cape Town, 8001
5.3 Postal address: 49 Bloem Street, Cape Town, 8001
5.4 Physical address for receipt of legal service: 49 Bloem Street, Cape Town, 8001
5.5 Main business: The main business of SSL is the provision of sports news and sports-related information with the focus on school sport
5.6 The web site addresses of School Sport Live is: www.schoolsportlive.com
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to Schoolsportlive.com
5.13.2 the inability to access Schoolsportlive.com
5.13.3 the services and content available from Schoolsportlive.com; 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 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;
5.14 Cooling-off period: As far as practically possible, Users have the right to return services provided from Schoolsportlive.com
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 Schoolsportlive.com with Schoolsportlive.com, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
Schoolsportlive.com 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 Schoolsportlive.com;
6.3 discontinue any aspect of Schoolsportlive.com or service(s) available from Schoolsportlive.com; and/or
6.4 change the software and hardware required to access and use Schoolsportlive.com
7.1 Schoolsportlive.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
7.2 Schoolsportlive.com may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.4 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 Schoolsportlive.com collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to greet the User when he/she accesses our platforms;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of Schoolsportlive.com;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from Schoolsportlive.com and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses Schoolsportlive.com or the web sites of Schoolsportlive.com partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to Schoolsportlive.com.
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 Schoolsportlive.com and/or its partners / affiliates.
7.6 Schoolsportlive.com may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 Schoolsportlive.com shall not disclose personal information from Users unless the User consents thereto;
7.6.2 Schoolsportlive.com shall disclose information without the User’s consent only through due legal process; and
7.6.3 Schoolsportlive.com may compile, use and share any information that does not relate to any specific individual.
7.7 Schoolsportlive.com owns and retains all rights to non-personal statistical information collected and compiled by Schoolsportlive.com.
8. HYPERLINKS TO THIRD PARTY SITES
Schoolsportlive.com may provide hyperlinks to web sites not controlled by Schoolsportlive.com and such links do not imply any endorsement, agreement on or support for the content of such target sites. Schoolsportlive.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.
9.1 Schoolsportlive.com shall take all reasonable steps to secure the content of Schoolsportlive.com and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Schoolsportlive.com does not make any warranties or representations that content shall be 100% safe and secure.
9.2 Schoolsportlive.com is under no legal duty to encrypt any content or communications from and to Schoolsportlive.com and is also under no legal duty to provide digital authentication of any page on Schoolsportlive.com.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to Schoolsportlive.com or the server and computer network that support Schoolsportlive.com. Notwithstanding criminal prosecution, any person who delivers any damaging code to Schoolsportlive.com, whether on purpose or negligently, shall, without any limitation, indemnify and hold Schoolsportlive.com harmless against any and all liability, damages and losses Schoolsportlive.com 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 Schoolsportlive.com 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, Schoolsportlive.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:
10.1.1 access to Schoolsportlive.com;
10.1.2 access to web sites linked to Schoolsportlive.com;
10.1.3 inability to access Schoolsportlive.com;
10.1.4 inability to access web sites linked to Schoolsportlive.com;
10.1.5 content available onSchoolsportlive.com;
10.1.6 services available from Schoolsportlive.com;
10.1.7 any other reason not directly related to Schoolsportlive.com’s gross negligence.
10.2 Schoolsportlive.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 Schoolsportlive.com, that the content and services available from and through Schoolsportlive.com 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 Schoolsportlive.com
should not be regarded as professional advice or the official opinion of Schoolsportlive.com and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on Schoolsportlive.com.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor Schoolsportlive.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.
10.5 Schoolsportlive.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 Schoolsportlive.com only serves as an electronic distribution platform for such third party content. Therefore Schoolsportlive.com shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on Schoolsportlive.com not created by Schoolsportlive.com or its employees.
10.6 Schoolsportlive.com does not make any warranties or representation that content and services available from Schoolsportlive.com will in all cases be true, correct or free from any errors. Schoolsportlive.com shall take all reasonable steps to ensure the quality and accuracy of content available from Schoolsportlive.com
10.7 Schoolsportlive.com does not make any warranties or representations that Schoolsportlive.com will be available at all times. Users acknowledge that Schoolsportlive.com may be unavailable due to updates or other causes beyond the reasonable control of Schoolsportlive.com, 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 Schoolsportlive.com
to Schoolsportlive.com and Schoolsportlive.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.
These Terms and Conditions of Use constitute the entire agreement between Schoolsportlive.com and you, the user of this website. Any failure by Schoolsportlive.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.
12.1 Users may post their personal opinions, messages and ideas to Schoolsportlive.com and discussion forums available on Schoolsportlive.com
12.2 Users undertake not to post content to Schoolsportlive.com that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and Schoolsportlive.com reserves the right to remove such content in terms of clause 11 above.
12.3 Schoolsportlive.com 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 Schoolsportlive.com harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to Schoolsportlive.com.
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 Schoolsportlive.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
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 Schoolsportlive.com and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Schoolsportlive.com from the User.
14.2 Any failure by Schoolsportlive.com 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 Schoolsportlive.com agree that:
15.1 the User shall be bound to these term and conditions and such agreement at the time the User enters Schoolsportlive.com 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 Schoolsportlive.com shall only be deemed to have been received by Schoolsportlive.com if Schoolsportlive.com responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by Schoolsportlive.com 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 Schoolsportlive.com 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 Schoolsportlive.com ; and
15.6 the User agrees and warrants that data messages that are sent to Schoolsportlive.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.
16. APPLICABLE AND GOVERNING LAW
Schoolsportlive.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 Schoolsportlive.com , its content, services and these terms and conditions.
17. LEGAL COSTS
Schoolsportlive.com shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© Schoolsportlive.com Pty Ltd. These terms and conditions may not be used or reproduced without the prior consent of Schoolsportlive.com Pty Ltd