| 1. Your acceptance of these Web Site Terms |
| 1.1 This web site, which is accessible at www.heart1049.fm www.heartradio.co.za; www.dev.heartradio.co.za; www.devnew.1049.fm; www.dev.1049.fm; www.remote.1049.fm; www.1049.fm ("this Web Site"), is made available by Heart 104.9FM. |
| 1.2 As is used in these Web Site Terms: |
| 1.2.1 "we", "our" and "us" means Radio Heart (Proprietary) Limited ("Heart 104.9fm"); and |
| 1.2.2 "you" and "your" means any person who makes us of this Web Site; |
| 1.2.3 unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Web Site Terms but defined in the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act") will bear the same meaning given to them in the ECT Act; and |
| 1.2.4 references to "writing" or notices "in writing" in these Web Site Terms only includes writing on paper signed in ink by our authorised representative and specifically excludes any writing which may be in electronic form. |
| 1.3 The terms and conditions set out below and any additional document we incorporate by reference ("Web Site Terms") shall apply to you when you use, access, refer to, or view (individually or collectively referred to as "use") any part of this Web Site. |
| 1.4 Subject to clause 1.8 below, these Web Site Terms set out the terms and conditions on which you may use: |
| 1.4.1 this Web Site; and |
| 1.4.2 the information, content, products or services including (without limitation) any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trade marks and service marks which are displayed on, available on or incorporated in this Web Site ("the Web Site Content"), to the extent that such Web Site Content is not regulated by its own terms of use. |
| 1.5 You agree that these Web Site Terms shall apply even where the Web Site Content is provided by or belongs to our affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. |
| 1.6 Your continued use of this Web Site signifies your agreement to comply with all of the terms and conditions of these Web Site Terms. |
| 1.7 If you do not agree to these Web Site Terms, you must immediately stop using this Web Site and the Web Site Content. You must immediately delete all copies of the Web Site Content in your possession or under your control. |
| 1.8 In addition to these Web Site Terms, you acknowledge that we may at any time impose additional terms and conditions relating to any service, content, products, facilities or functionality which is made available by us by way of this Web Site or otherwise ("the Additional Web Site Terms"). If you wish to use these services, content, products, facilities or functionality, you must agree to the Additional Web Site Terms. |
| 1.9 You may print a copy of these Web Site Terms. If you have any difficulty printing these Web Site Terms or require assistance in obtaining a hard copy or electronic copy of these Web Site Terms or of the Additional Web Site Terms, you should contact Alex Ronnie, Web administrator, (021) 406 8926. |
| 2. Permitted use of this Web Site |
| 2.1 You may only use this Web Site and the Web Site Content for lawful purposes. |
| 2.2 You are not allowed, without our prior written approval, to: |
| 2.2.1 frame, link to, modify, distribute, commercialise, exploit or alter the Web Site or the Web Site Content; |
| 2.2.2 incorporate any part of the Web Site Content in any other work or publication; and/or |
2.2.3 perform any other act which may not be considered fair use.
(collectively "Prohibited Acts" |
| 2.3 Requests for approval to perform a Prohibited Act must be submitted to Alex Ronnie, Web Administrator, (021) 406 8926. We are entitled, in our sole discretion, to withhold or grant consent. We may also impose any conditions on any consent which is granted. |
| 2.4 We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate: |
| 2.4.1 the operation of this Web Site or any of the Web Site Content; or |
| 2.4.2 your right to use this Web Site or any of the Web Site Content. |
| 2.5 You may not transfer any rights granted to you in terms of these Web Site Terms to any other person or entity. |
| 2.6 We are allowed to grant the same, similar, additional or different rights to any other person or entity. |
| 2.7 You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Web Site or Web Site Content. |
| 3. Exclusion of liability |
| 3.1 Your use of this Web Site, any services offered on this website or the Web Site Content is entirely at your own risk. |
| 3.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, we shall not have any liability whatsoever in relation to this Web Site and the Web Site Content. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of or reliance on this Web Site or the Web Site Content, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss. |
| 3.3 In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this Web Site or the Web Site Content for any reason whatsoever. |
| 3.4 For the purposes of this clause 3, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers. |
| 4. Exclusion of warranties and representations |
| 4.1 This Web Site and the Web Site Content is provided "as is" and is subject to change without notice. |
| 4.2 We do not accept any responsibility for any errors or omissions on this Web Site or the Web Site Content. |
| 4.3 You acknowledge that the Web Site Content may not be accurate or complete. |
| 4.4 Subject to the provisions of the ECT Act, this Web Site and the Web Site Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes, but is not limited to, any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Web Site Content. |
| 4.5 We also make no warranty or representation, whether express or implied, that the Web Site Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect. |
| 4.6 You agree not to rely on any warranty or representation, which allegedly induced you to agree to these Web Site Terms, unless the representation or warranty is recorded in writing. |
| 5. Other web sites, products and services |
| 5.1 This Web Site may contain references or links to other web sites ("Other Web Sites") and to the products, opinions or services of third parties. Your use of the Other Web Sites or the products or services of third parties is entirely at your own risk. |
| 5.2 Subject to the provisions of the ECT Act and to the fullest extent allowed by law, we shall not be responsible for any Loss whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties. |
| 5.3 You shall not make any reference to us, this Web Site or the Web Site Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, without our prior written consent. |
| 5.4 For the purposes of this clause 5, any reference to us will be considered to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers. |
| 6. Intellectual property rights |
| 6.1 The Web Site and the Web Site Content are protected by law. Any unauthorised use is prohibited. |
| 6.2 You will not acquire any right, title or interest in or to this Web Site or the Web Site Content other than those rights expressly granted to you in these Web Site Terms. |
| 6.3 Where any of the Web Site Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions. |
| 7. Your behaviour when using this Web Site |
| 7.1 You shall not use this Web Site to obtain or distribute: |
| 7.1.1 copyrighted material or material protected by law without our prior written consent; |
| 7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software. |
| 7.2 You must not perform any act which may jeopardise or interfere with the functionality or operation of any part of this Web Site. |
| 7.3 You are strictly prohibited from using this Web Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts. |
| 7.4 You shall not intercept any information transmitted to or from us or this Web Site which is not intended by us to be received by you. |
| 8. Variation of certain deeming provisions in the ECT Act |
| 8.1 By using this Web Site, you agree that these Web Site Terms create a binding agreement between us and you, even though these Web Site Terms are wholly or partly in the form of a data message. You agree specifically that: |
| 8.1.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of this Web Site; |
| 8.1.2 an electronic signature is not required by you or us for purposes of agreeing to these Web Site Terms; |
| 8.1.3 your use of this Web Site or the Web Site Content is sufficient evidence of your agreement to these Web Site Terms; |
| 8.1.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa; |
| 8.1.5 any communication sent to you by an information system programmed to operate automatically on behalf of us will not be a data message attributable to, or authorised by us; |
| 8.1.6 subject to the further provision of these Web Site Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on behalf of us in respect of that data message; and |
| 8.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa. |
| 9. Interception and monitoring |
| You agree that your communications on this Web Site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by us or any other competent authority. |
| 10. Privacy Policy |
| 10.1 Introduction |
| 10.1.1 We recognise the importance of protecting your privacy in respect of your personal information collected by us when you use this Web Site. |
| 10.1.2 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we do not guarantee that your personal information shall be 100% secure. |
| 10.2 You agree that we may collect your personal information |
| 10.2.1 By continuing to use this Web Site, you agree to the terms and conditions set out in this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use the Web Site. |
| 10.2.2 You agree that we may "collect, collate, process and/or store" your personal information (as this phrase is used in the ECT Act) (generally referred to as "Collect") for, amongst other things, (i) the purposes of providing you with access to the Web Site and the Web Site Content; and (ii) any for any of the purposes listed at clause 10.5.1 below. |
| 10.2.3 We reserve the right to vary the terms of this Privacy Policy. It is your responsibility to familiarise yourself with the most recent version of this Privacy Policy each time you access the Web Site. |
| 10.3 What personal information is collected? |
| 10.3.1 The types of personal information that we may Collect includes information necessary for our legitimate business interest and the categories of personal information identified in the ECT Act. This may include (amongst other things) your name and identity number, e-mail and physical addresses, postal address, contact information, information relating to your race, gender, ethnic or social origin, age, well-being, disability, personal opinions, views or preferences and the pages of the Web Site viewed by you. |
| 10.3.2 We will attempt to limit the types of personal information we collect to only those to which you consent and which are necessary for our legitimate business interest. |
| 10.4 When is your personal information collected? |
| 10.4.1 Personal information may be Collected in several ways, including, when: |
| 10.4.1.1 you register for services on the Web Site; |
| 10.4.1.2 we carry out demographic research; |
| 10.4.1.3 we run promotions, competitions or surveys; and |
| 10.4.1.4 you browse the Web Site. |
| 10.4.2 You acknowledge that promotions and competitions on the Web Site may be sponsored by third parties, or may be co-sponsored by us together with third parties. You agree that some or all of your personal information may be shared with such third party. |
| 10.4.3 You also acknowledge that third parties that have links on the Web Site may also Collect your personal information. You agree that the information processing practices of those third parties are neither under our control nor regulated by this Privacy Policy. |
| 10.5 How is your personal information used? |
| 10.5.1 Your personal information may be used: |
| 10.5.1.1 for administrative and legal purposes; |
| 10.5.1.2 for statistical analyses; |
| 10.5.1.3 for system testing, maintenance and development including the monitoring of web traffic; |
| 10.5.1.4 for customer relations; |
| 10.5.1.5 for helping us in any future dealings with you; |
| 10.5.1.6 for direct marketing and market research (in which case we will give you an opportunity to opt out); |
| 10.5.1.7 to conduct research related to demographics, interests and on line habits which may include the compilation of profiles for statistical purposes. You agree that we may trade with those profiles and statistical data. While we will attempt to ensure that the profiles or statistical data cannot be linked to you, we do not guarantee that third parties may not be able to link such profiles and statistical data to you. You hereby indemnify us against any Loss suffered by you, whether direct, indirect, special or consequential, arising from or in relation to any third party being able to link such profiles and statistical data to you. |
| 10.6 With whom do we share your information? |
| 10.6.1 While we will attempt not to disclose any of your personal information to third parties, except when we have your permission or for purposes of our legitimate business interests, we do not guarantee that your personal information will not be shared with third parties without your permission. |
| 10.6.2 You agree that your personal information may be shared with (amongst others) the following parties: |
| 10.6.2.1 our holding companies, subsidiary companies, agents, advisers, service providers and suppliers; |
| 10.6.2.2 other parties involved in providing the transportation and related services and facilities; |
| 10.6.2.3 data processors; |
| 10.6.2.4 government and law enforcement agencies; |
| 10.6.2.5 where the law requires that we disclose your personal information to a party; |
| 10.6.2.6 where we have reason to believe that a disclosure of personal information is necessary to identify, contact or bring legal action against a party who may be in breach of the Web Site Terms or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else that could be harmed by such activities. |
| 10.7 What are cookies and how are they used? |
| 10.7.1 Cookies are pieces of information a Web Site transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and, tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard. |
| 10.7.2 We may place a "cookie" on your browser to store and sometimes track information about you. |
| 10.7.3 While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the Web Site will not function properly if you refuse cookies. |
| 10.8 Links to other sites |
| When you are using the Web Site, you could be directed to other sites that are beyond our control. These other web sites may send their own cookies to you, collect data or solicit personal information. We do not control the privacy policies of those third party web sites. |
| 10.9 Security |
| The importance of security for all personal information associated with you is of the utmost concern to us. While we exercise great care in providing secure transmission of your personal information, no data transmission over the Internet can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to, or from our Web Site. |
| 11. Variation of these Web Site Terms |
| 11.1 Subject to the variations or amendments provided for in terms of clause 11.2 below, no other variation or amendment, in any form whatsoever, of these Web Site Terms will be enforceable or binding on us unless we have agreed to such variation or amendment in writing. |
| 11.2 We are entitled and reserve the right to vary or amend these Web Site Terms from time to time and in our sole discretion. Any amendments to these Web Site Terms will be displayed on this Web Site from time to time. On the first occasion on which you use this Web Site after the Amended Web Site Terms have been displayed on this Web Site, if you continue to use this Web Site after having had a reasonable opportunity to review the Amended Web Site Terms, the Amended Web Site Terms will immediately be treated as being effective and binding on you. |
| 11.3 It is your responsibility to access and familiarise yourself with any amendments to the Web Site Terms on each occasion that you make use of this Web Site or the Web Site Content. |
| 12. Miscellaneous matters |
| 12.1 Addresses for notices |
| 12.1.1 Except where stated otherwise in these Web Site Terms, our address for the service of any notice is: |
postal address: P.O. Box 211,Green point, 8051
physical address: 3rd Floor Satbel Bldg, C/O Somerset and De Smidt Streets, Greenpoint
current fax no: 021 406 8960
|
| 12.1.2 All notices to us must be marked for the attention of The Station Manager. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to our postal address and also either delivered by hand to our physical address or sent to our fax number. |
| 12.2 Disputes, claims and legal proceedings |
| 12.2.1 Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Web Site Terms or the use of the Web Site or the Web Site Content, including after termination, cancellation or amendment of these Web Site Terms, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa. |
| 12.2.2 If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Web Site Terms or your use of the Web Site or of the Web Site Content, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Web Site Terms. |
| 12.2.3 Notwithstanding anything to the contrary contained in these Web Site Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings. |
| 12.3 Costs |
| Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by us arising out of your use of this Web Site or the Web Site Content, or a breach of these Web Site Terms, will be borne by you. |
| 12.4 Assignment |
| 12.4.1 You shall not cede, assign or transfer any of your rights and obligations in these Web Site Terms without our prior written consent. |
| 12.4.2 We are entitled to cede, assign or transfer any of our rights and obligations in these Web Site Terms without your prior written consent and without notice to you. |
| 12.5 Interpretation |
| 12.5.1 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act. |
| 12.5.2 In the event that any of the terms of these Web Site Terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. |
| 12.5.3 No relaxation or indulgence which we may grant to you will be deemed to be a waiver of any of our rights in these Web Site Terms or in law. |
| 12.5.4 In the event of any conflict between these Web Site Terms and any Additional Web Site Terms, the Additional Web Site Terms will prevail. |
| 12.5.5 The termination of the agreement created by these Web Site Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of you or us nor the coming into or continuance in force of any provision of these Web Site Terms which is expressly or by implication intended to come into or continue in force on or after such termination. |