- You are responsible for checking any advertising proof, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish on your behalf. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
- By submitting advertising material to us your authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act of South Africa or any other country or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
- We do not make a representation or warranty regarding the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
- We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
- All implied conditions and warrantiesare excluded from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (non-excluded conditions). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
- We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
- These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
8. Service Terms & Conditions
- Welcome to www.myhustlemag.co.za (“Service”), an online business magazine of Spartanz Group Pty Ltd. Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
10. Participation and Conduct
- During the term of this Agreement, myhustlemag.co.za grants to you a terminable, at- will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use.
- You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
- You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which is (i) defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
- You agree to indemnify Spartanz Group Pty Ltd and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.
- myhustlemag.co.za reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. myhustlemag.co.za also reserves the right to edit or modify any submissions in response
to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, myhustlemag.co.za is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
16. Copyright and Trademarks
- The Service is the personal property of Spartanz Group Pty Ltd. Spartanz Group Pty Ltd retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by www.myhustlemag.co.za, Spartanz Group Pty. Ltd. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
- www.myhustlemag.co.za and respective logos are trademarks used under license by Spartanz Group Pty Ltd. All other trademarks on the Service are the property of their respective holders.
19. Purchase of Products and Downloading of Software
- You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by www.myhustlemag.co.za) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
- By using the site you acknowledge and agree that Spartanz Group Pty Ltd and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
- You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. Neither Spartanz Group Pty Ltd nor any Vendor can guarantee that any encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Spartanz Group Pty Ltd nor any Vendor will
have any liability if the applicable encryption technology fails to protect your information.
23. Intellectual Property Infringement Claims
- It is the policy of Spartanz Group Pty Ltd to respond expeditiously to claims of intellectual property infringement. Spartanz Group Pty Ltd will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Spartanz Group Pty Ltd will terminate access for subscribers and account holders who are repeat infringers.
- Please direct any notices of claimed copyright infringement to firstname.lastname@example.org or the person or entity at the addresses and telephone number below:
- Publisher, Marketing Spartanz Group Pty Ltd, 106 Johan Avenue, Sandton 2146
- All requests for licensing, reprints, linking and other usage of material on marketingmag.com.au should be addressed to email@example.com. We will review your request and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
29. Exclusions of Warranty and Liability
- THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPARTANZ GROUP PTY LTD DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. SPARTANZ GROUP PTY LTD IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND SPARTANZ GROUP PTY LTD DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. SPARTANZ GROUP PTY LTD DOES NOT WARRANT THAT THEC ONTENT OF ITS STORIES WILL BE ERROR FREE.
- SPARTANZ GROUP PTY LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USEOF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF SPARTANZ GROUP PTY LTD HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENTSHALL SPARTANZ GROUP PTY LTD íS A TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE
- The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Spartanz Group Pty Ltd is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Spartanz Group Pty Ltd of that Web site.
- The Site includes Content concerning products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.
- Spartanz Group Pty Ltd may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to Spartanz Group Pty Ltd by postal mail to 106 Johan Avenue Sandton 2146
- Spartanz Group Pty Ltd reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
- Any failure by Spartanz Group Pty Ltd to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
- In the event you breach the terms of this license, or if, any claims are made against Spartanz Group Pty Ltd (its employees, officers or directors resulting from your actions) you shall be liable to Spartanz Group Pty Ltd for all damages, costs, judgments, expenses (including reasonable legal fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of South Africa, as applied to contracts entered into and performed within South Africa. You agree to grant jurisdiction over yourself to the courts of South Africa, and designate it as the forum for resolution of all disputes arising under this Agreement.
- This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
- ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
- No person, business or website may link to any page on this site without the prior written permission of Spartanz Group.