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Terms and Conditions


Website Terms & Conditions


The Terms & Conditions pertaining to all of SuperSport.com's online properties

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE SUPERSPORT.COM WEB SITE, MOBILE SITE, FURTHER APPLICATIONS AND ITS PARTNERS OR ANY PARTS THEREOF (SUPERSPORT.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 SUPERSPORT.COM 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 SuperSport.com shall include any part thereof (including mobi site and apps) and all partner sites;
b. References herein to User(s) means any persons who access SuperSport.com, notwithstanding the fact that such a person only visited the home page of SuperSport.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. GENERAL
1.1 SuperSport.com, 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, SuperSport.com provides a range of additional interactive services.
1.2 SuperSport.com's content partners include Sport24.com, Kick-Off, Backpagepix and Sunshine Press. Other information providers are MWP, Reuters, AFP. Agencies not affiliated to SuperSport.com have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the SuperSport Zone web site originates from such agencies.

A list of SuperSport.com's partner sites can be found at the top of the front page of SuperSport.com. The sports bodies listed there form part of the partner sites.

2. ALLOWED USE AND LICENSE
2.1. SuperSport.com licenses the User to view, copy, download and print the content of SuperSport.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 SuperSport.com, after permission has been given, includes the following copyright notice: © SuperSport.com. ALL RIGHTS RESERVED.
2.2 Content from SuperSport.com web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of SuperSport.com.
2.3 Users may only access and use SuperSport.com for legal purposes.
2.4 Use of content from SuperSport.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 SuperSport.com, but only provide a short summary of the contents of the article;
2.4.2 acknowledges SuperSport.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 SuperSport.com;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on SuperSport.com; and
2.4.5 includes the date upon which the content was sourced from SuperSport.com in the summary of the content.
2.5 The caching of SuperSport.com shall only be allowed if :
2.5.1 The purpose of the caching is to make the onward transmission of the content from SuperSport.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 SuperSport.com.
2.6 If any person uses content from SuperSport.com in breach of the provisions detailed herein:
2.6.1 SuperSport.com reserves the right to claim damages from such person; and
2.6.2 SuperSport.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 SuperSport.com from any other source shall be directed at the home page of SuperSport.com. SuperSport.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content fromSuperSport.com, if such content was accessed through a hyperlink not directed at the home page of SuperSport.com. Persons that wish to link to content beyond the home page of SuperSport.com shall do so at their own risk and undertake to indemnify SuperSport.com against any loss, liability or damage that may result from content on SuperSport.com, if such content was accessed through a hyperlink not directed at the home page of SuperSport.com.

SuperSport Zone’s 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 SuperSport.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 SuperSport.com, in any manner, without the prior written consent of SuperSport.com.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on SuperSport.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 SuperSport.com for any purposes, without the prior written consent of SuperSport Zone.
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 SuperSport.com at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on SuperSport.com, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to SuperSport.com 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 SuperSport.com 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 SuperSport.com.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from SuperSport.com 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 SuperSport Zone has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: SuperSport Zone Pty Ltd, Reg. No. 1950/038385/06;
5.2 Street address: 144 Bram Fischer Drive, Ferndale, 2194
5.3 Postal address: PO Box 2963, Pinegowrie, 2123
5.4 Physical address for receipt of legal service: Multichoice City, 144 Bram Fischer Drive, Ferndale, 2194
5.5 Main business: The main business of SuperSport.com is the provision of sports news and sports-related information
5.6 The web site addresses of SuperSport.com is: www.supersport.com
5.7 Membership of self-regulatory or accreditation bodies: Online Publishers Association
5.8 Codes of conduct to which the SuperSport Zone website subscribes: Online Publishers Association
5.9 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of SuperSport.com may be downloaded from: http://196.2.157.131/docs/Manual_new_PAIA.doc;
5.10 Management: The identities and contact details of the SuperSport.com management team are available from: www.supersport.com
5.11 Management information of SuperSport Pty Ltd is available from: www.supersport.com
5.12 Costs: Access to content on SuperSport.com is free to any person who subscribes to these terms and conditions. Access to some pages on SuperSport.com may be restricted to persons who registered through the “Sign me in” function. Notwithstanding the aforegoing, SuperSport.com may, in future, charge fees for access to SuperSport.com;
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1 access to SuperSport.com;
5.13.2 the inability to access SuperSport.com;
5.13.3 the services and content available from SuperSport.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 SuperSport.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 SuperSport.com with SuperSport.com, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
SuperSport.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 SuperSport.com;
6.3 discontinue any aspect of SuperSport.com or service(s) available from SuperSport.com; and/or
6.4 change the software and hardware required to access and use SuperSport.com.
7. PRIVACY
7.1 SuperSport.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 SuperSport.com may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.3 gender;
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 SuperSport.com collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to greet the User when he/she accesses SuperSport.com;
7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of SuperSport.com;
7.3.3 subject to the User’s consent, inform the User about competitions and special offers from SuperSport.com and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses SuperSport.com or the web sites of SuperSport.com partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to SuperSport.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 SuperSport.com and/or its partners / affiliates.
7.6 SuperSport.com may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 SuperSport.com shall not disclose personal information from Users unless the User consents thereto;
7.6.2 SuperSport.com shall disclose information without the User’s consent only through due legal process; and
7.6.3 SuperSport.com may compile, use and share any information that does not relate to any specific individual.
7.7 SuperSport.com owns and retains all rights to non-personal statistical information collected and compiled by SuperSport.com.
8. HYPERLINKS TO THIRD PARTY SITES
SuperSport.com may provide hyperlinks to web sites not controlled by SuperSport.com and such links do not imply any endorsement, agreement on or support for the content of such target sites. SuperSport.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. SECURITY
9.1 SuperSport.com shall take all reasonable steps to secure the content of SuperSport.com and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SuperSport.com does not make any warranties or representations that content shall be 100% safe and secure.
9.2 SuperSport.com is under no legal duty to encrypt any content or communications from and to SuperSport.com and is also under no legal duty to provide digital authentication of any page on SuperSport.com.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to SuperSport.com or the server and computer network that support SuperSport.com. Notwithstanding criminal prosecution, any person who delivers any damaging code to SuperSport.com, whether on purpose or negligently, shall, without any limitation, indemnify and hold SuperSport.com harmless against any and all liability, damages and losses SuperSport.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 SuperSport.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, SuperSport.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 SuperSport.com;
10.1.2 access to web sites linked to SuperSport.com;
10.1.3 inability to access SuperSport.com;
10.1.4 inability to access web sites linked to SuperSport.com;
10.1.5 content available on SuperSport.com;
10.1.6 services available from SuperSport.com;
10.1.7 any other reason not directly related to SuperSport.com’s gross negligence.
10.2 SuperSport.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 SuperSport.com, that the content and services available from and through SuperSport.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 SuperSport.com should not be regarded as professional advice or the official opinion of SuperSport.com and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on SuperSport.com.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor SuperSport.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 SuperSport.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 SuperSport.com only serves as an electronic distribution platform for such third party content. Therefore SuperSport.com shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on SuperSport.com not created by SuperSport.com or its employees.
10.6 SuperSport.com does not make any warranties or representation that content and services available from SuperSport.com will in all cases be true, correct or free from any errors. SuperSport.com shall take all reasonable steps to ensure the quality and accuracy of content available from SuperSport.com.
10.7 SuperSport.com does not make any warranties or representations that SuperSport.com will be available at all times. Users acknowledge that SuperSport.com may be unavailable due to updates or other causes beyond the reasonable control of SuperSport.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 SuperSport.com to SuperSport.com and SuperSport.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.
12. POSTINGS
These Terms and Conditions of Use constitute the entire agreement between SuperSport.com and you, the user of this website. Any failure by SuperSport.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 SuperSport.com and discussion forums available on SuperSport.com.
12.2 Users undertake not to post content to SuperSport.com that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and SuperSport.com reserves the right to remove such content in terms of clause 11 above.
12.3 SuperSport.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 SuperSport.com harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to SuperSport.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 SuperSport.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 SuperSport.com and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SuperSport.com from the User.
14.2 Any failure by SuperSport.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 SuperSport.com agree that:
15.1 the User shall be bound to these term and conditions and such agreement at the time the User enters SuperSport.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 SuperSport.com shall only be deemed to have been received by SuperSport.com if SuperSport.com responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by SuperSport.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 SuperSport.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 SuperSport.com; and
15.6 the User agrees and warrants that data messages that are sent to SuperSport.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
SuperSport.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 SuperSport.com, its content, services and these terms and conditions.
17. LEGAL COSTS
SuperSport.com shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

© SuperSport.com Pty Ltd. These terms and conditions may not be used or reproduced without the prior consent of SuperSport.com Pty Ltd

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