Terms and Conditions of use & Legal Disclaimer

1) Interpretation

1. "user" - a person who uses and/or accesses computer Software and/or material via the CNBC Africa site;
2. "ABN Digital" - ABN Media Services (Pty) Ltd, a company with Registration Number 2008/003101/07 registered in accordance with the Company Laws of South Africa, with its principal place of business at 4th Floor, Sandown Mews, West Tower, 88 Stella Street, Sandton Johannesburg, South Africa.
3. "Software" - Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software;
4. "material" - Including but not limited to: text, submissions, images, audio and/or video in whole or in part;
5. "content" - Included but not limited to software and material
6. "ABN Digital" - All the sites on the World Wide Web controlled and/or owned by ABN Digital
7. "submissions" - Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted in the ABN Digital sites via transmission by electronic mail or otherwise;
8. "forums" - Including but not limited to bulletin boards, chatrooms and other public areas found on the ABN Digital sites;
9. In this agreement unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also includes the opposite gender and any reference to a natural person, shall include legal person and visa versa.

2) Trade Mark / Copyrights and restrictions on use

1. The sites consist of contents which are derived entirely or in part from content supplied by ABN Digital and other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws, International Trade Marks and Copyright Laws and conventions.
The user, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the contents that being software and/or material. Except in so far that the user may download one copy of the content on any single computer for the user's personal, non commercial home use only. Provided that all propriety notices and restrictions attached onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from ABN Digital has been obtained. Requests for permission regarding any issue relating the contents which fall into the ambit of the limitations stated above, can be made by contacting ABN Digital in writing at :

4TH Floor, Sandown Mews,
West Tower,
88 Stella Road,
Sandton

2. The user is also strictly prohibited from creating works, and/or software materials derived from or which are based on the contents found on this site. The prohibition applies regardless of whether the content are sold, negotiated or given away and/or further alienated in any manner whatsoever.
   

3) General

1. ABN Digital’s website may contain hyper-links to third party sites. ABN Digital is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. The Users access those sites and use their products and services solely at their own risk.
2. You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by ABN Digital arising out of these terms, provided that ABN Digital shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.
3. ABN Digital reserves the right to amend these terms from time to time. Such amendment will be posted on this website and be deemed to have been accepted by you if you continue using the service. It is your obligation to review these terms at regular intervals.
4. These terms, as varied in terms of 3(c) above, constitutes the whole of the agreement between you and ABN Digital.
5. The user agrees that all submissions become the exclusive property of ABN Digital. The user agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The user further indemnifies and holds ABN Digital harmless against all claims for any damages whatsoever arising from the use of the ABN Digital site.
   

4) Submissions / Bulletin Boards

1. Any submissions shall be deemed to be and remain the exclusive property of ABN Digital. The various forums content, which are found on the ABN Digital site, shall be deemed to remain the exclusive property of ABN Digital.
2. ABN Digital has the right, but not the obligation to monitor and review submissions submitted by users, in the forums. ABN Digital shall not be responsible for any of the content of these messages. ABN Digital further reserves the right to delete, move or edit submissions that ABN Digital, in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or otherwise objectionable.

5) Rules of Conduct for the user

1. The user with the inclusion of but not the limitation of, agrees that they will not transmit submissions to the ABN Digital site that;
1. Use any of the forums for illegal purposes;
2. Are for purpose of spamming;
3. Restrict or inhibit any other user from using and enjoying the forums;
4. Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law;
5. Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the ABN Digital site through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to ABN Digital that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;
6. Contain viruses or other harmful content;
7. Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

6) Agreement to and Termination of Agreement

1. The use of or access to this site constitutes the users acceptance of terms and conditions hereof, which are binding on the user and take effect on a date which the user first makes use of, or access to the ABN Digital site.
2. If the user does not accept all the terms and conditions in full, the user must exit the site immediately. ABN Digital has the exclusive discretion to terminate the agreement at any time.
3. After the user has exited the site as aforesaid the user must destroy all content, whether materials or software, obtained from the site and all copies thereof.
4. In the event of the user failing to exit the site as aforesaid ABN Digital has the right to claim any indirect, direct, incidental, special or punitive damages caused to ABN Digital from the users unauthorized access and/or use of the ABN Digital site. The user further indemnifies ABN Digital against any claims for damages of whatsoever nature caused to another party by the users unauthorized use and/or access of the sites

7) Damages, Warranty, Indemnity

1. The user expressly agrees that the use of the ABN Digital site is at the user's sole risk. ABN Digital does not guarantee or warrant;
1. that the ABN Digital site will be uninterrupted;
2. that the ABN Digital site will be default free and that the defects will be corrected;
3. that the results that may be obtained from the use or application from information gained from ABN Digital site in so far as accuracy and content of any such information is concerned;
4. that the servers that make the content available are free from viruses and other harmful content;
5. any merchandise provided through the ABN Digital site.
2. This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
3. The user acknowledges and confirms ABN Digital’s indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use the ABN Digital site. The user acknowledges that the provisions of this paragraph shall apply to all the contents of the ABN Digital site.
4. The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, tortious action, negligence, or under any other cause of action.
5. If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

8) Privacy

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any unauthorised actions against computer systems and data and offenders shall be prosecuted.