Terms and conditions

June 1st, 2011 by admin

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE MEN’S HEALTH WEB SITE OR ANY PART THEREOF (THE MEN’S HEALTH WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF MEN’S HEALTH DO NOT AGREE TO THESE TERMS AND CONDITIONS MEN’S HEALTH MUST LEAVE THE MEN’S HEALTH WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND MEN’S HEALTH TO THESE TERMS AND CONDITIONS. A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:

DEFINITIONS AND INTERPRETATION

a. References herein to the MEN’S HEALTH web site or content shall include any part thereof;
b. References herein to User(s) means any person who access the MEN’S HEALTH web site, notwithstanding the fact that such a person only visited the home page of the MEN’S HEALTH web site;
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 MEN’S HEALTH provides readers with actionable information that they can put to work—information that helps them be healthier, smarter, more fashionable, more confident and more successful in their relationships and family life

2. ALLOWED USE AND LICENSE

2.1. MEN’S HEALTH licenses the User to view, copy, download and print the content of the MEN’S HEALTH web site, 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 the MEN’S HEALTH web site includes the following copyright notice: © MEN’S HEALTH 2014. ALL RIGHTS RESERVED.
2.2 Content from the MEN’S HEALTH web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of MEN’S HEALTH.
2.3 Users may only access and use the MEN’S HEALTH web site for legal purposes.
2.4 Use of content from the MEN’S HEALTH web site 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 the MEN’S HEALTH web site, but only provide a short summary of the contents of the article;
- 2.4.2 acknowledges MEN’S HEALTH as the source of the content;
- 2.4.3 provides a correct and working hyperlink to the source of the content or article on the MEN’S HEALTH web site;
- 2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the MEN’S HEALTH web site; and
- 2.4.5 includes the date upon which the content was sourced from the MEN’S HEALTH web site in the summary of the content.
2.5 The caching of the MEN’S HEALTH web site shall only be allowed if :
- 2.5.1 The purpose of the caching is to make the onward transmission of the content from the MEN’S HEALTH web site 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 MEN’S HEALTH.
2.6 If any person uses content from the MEN’S HEALTH web site in breach of the provisions detailed herein:
- 2.6.1 MEN’S HEALTH reserves the right to claim damages from such person; and
- 2.6.2 MEN’S HEALTH 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 the MEN’S HEALTH web site from any other source shall be directed at the home page of the MEN’S HEALTH web site. MEN’S HEALTH shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the MEN’S HEALTH web site, if such content was accessed through a hyperlink not directed at the home page of the MEN’S HEALTH web site. Persons that wish to link to content beyond the home page of the MEN’S HEALTH web site shall do so at their own risk and undertake to indemnify MEN’S HEALTH against any loss, liability or damage that may result from content on the MEN’S HEALTH web site, if such content was accessed through a hyperlink not directed at the home page of the MEN’S HEALTH web site. MEN’S HEALTH’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 the MEN’S HEALTH web site 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 the MEN’S HEALTH web site, in any manner, without the prior written consent of MEN’S HEALTH.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on the MEN’S HEALTH web site 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 the MEN’S HEALTH web site for any purposes, without the prior written consent of MEN’S HEALTH.
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 MEN’S HEALTH at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the MEN’S HEALTH web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to MEN’S HEALTH 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 the MEN’S HEALTH web site are expressly reserved.
3.2 “MEN’S HEALTH” is a registered trademark and Users agree not to use the MEN’S HEALTH trademark mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Salient Media( Pty) Ltd at the cost of the User.

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 the MEN’S HEALTH web site.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services and content available from the MEN’S HEALTH web site 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 MEN’S HEALTH has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: MEN’S HEALTH, a publication of Salient Media (Pty) Ltd, Reg. No. 2021/730452/07;
5.2 Street address: 119 Victoria Junction, Prestwich Street, Green Point, 8005;
5.3 Postal address: 119 Victoria Junction, Prestwich Street, Green Point, 8005;
5.4 The web site addresses of the MEN’S HEALTH web site is: www.mh.co.za;
5.5 Membership of self-regulatory or accreditation bodies: MEN’S HEALTH is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
5.6 Codes of conduct to which the MEN’S HEALTH web site subscribes: MEN’S HEALTH’s editorial policy is aligned to practises of the constitution of the Republic of South Africa;
5.7 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the MEN’S HEALTH web site may be downloaded from:
5.8 Management: The identities and contact details of the MEN’S HEALTH management team are available from:
https://www.mh.co.za
5.9 Management information of Salient Media (Pty) Ltd is available from:
http://www.salientmedia.co.za
5.10 Costs: Access to content on the MEN’S HEALTH web site is free to any person who subscribes to these terms and conditions. Access to some pages on the MEN’S HEALTH web site may be restricted to persons who registered through the “Sign me in” function and/or persons who are subscribers to the forum. Notwithstanding the a foregoing, MEN’S HEALTH may, in future, charge fees for access to the MEN’S HEALTH web site;
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 5.11.1 access to the MEN’S HEALTH web site;
- 5.11.2 the inability to access the MEN’S HEALTH web site;
- 5.11.3 the services and content available from the MEN’S HEALTH web site; or
- 5.11.4 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;
5.12 Cooling-off period: As far as practically possible, Users have the right to return services provided from the MEN’S HEALTH web site within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.13 User may lodge complaints concerning the MEN’S HEALTH web site with MEN’S HEALTH, Salient Media (Pty) Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.

6. CHANGES AND AMENDMENTS

MEN’S HEALTH 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 the MEN’S HEALTH web site;
6.3 discontinue any aspect of the MEN’S HEALTH web site or service(s) available from the MEN’S HEALTH web site; and/or
6.4 change the software and hardware required to access and use the MEN’S HEALTH web site.

7. PRIVACY

7.1MEN’S HEALTH 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 MEN’S HEALTH 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 MEN’S HEALTH collects, stores and uses the abovementioned information for the following purposes:
- 7.3.1 to greet the User when he/she accesses the MEN’S HEALTH web site;
- 7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the MEN’S HEALTH web site;
- 7.3.3 subject to the User’s consent, inform the User about competitions and special offers from MEN’S HEALTH and/or its partners / affiliates;
- 7.3.4 to provide the User with targeted advertising when he/she accesses the MEN’S HEALTH web site or the web sites of MEN’S HEALTH partners / affiliates; and
- 7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the MEN’S HEALTH web site.
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 MEN’S HEALTH and/or its partners / affiliates.
7.6 MEN’S HEALTH may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- 7.6.1 MEN’S HEALTH shall not disclose personal information from Users unless the User consents thereto;
- 7.6.2 MEN’S HEALTH shall disclose information without the User’s consent only through due legal process; and
- 7.6.3 MEN’S HEALTH may compile, use and share any information that does not relate to any specific individual.
7.7 MEN’S HEALTH owns and retains all rights to non-personal statistical information collected and compiled by MEN’S HEALTH.

8. HYPERLINKS TO THIRD PARTY SITES

MEN’S HEALTH may provide hyperlinks to web sites not controlled by MEN’S HEALTH or Salient Media ((Pty) Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. MEN’S HEALTH 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.
MEN’S HEALTH contains affiliate links to products. We may receive a commission for purchases made through these links.

9. SECURITY

9.1 MEN’S HEALTH shall take all reasonable steps to secure the content of the MEN’S HEALTH web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, MEN’S HEALTH does not make any warranties or representations that content shall be 100% safe and secure.
9.2 MEN’S HEALTH is under no legal duty to encrypt any content or communications from and to the MEN’S HEALTH web site and is also under no legal duty to provide digital authentication of any page on the MEN’S HEALTH web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the MEN’S HEALTH web site or the server and computer network that support the MEN’S HEALTH web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the MEN’S HEALTH web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold MEN’S HEALTH harmless against any and all liability, damages and losses MEN’S HEALTH 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 MEN’S HEALTH 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, MEN’S HEALTH (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 the MEN’S HEALTH web site;
- 10.1.2 access to web sites linked to the MEN’S HEALTH web site;
- 10.1.3 inability to access the MEN’S HEALTH web site;
- 10.1.4 inability to access web sites linked to the MEN’S HEALTH web site;
- 10.1.5 content available on the MEN’S HEALTH web site;
- 10.1.6 services available from the MEN’S HEALTH web site;
- 10.1.7 any other reason not directly related to MEN’S HEALTH’s gross negligence.
10.2 The MEN’S HEALTH web site 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 MEN’S HEALTH, that the content and services available from and through the MEN’S HEALTH web site 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 the MEN’S HEALTH web site should not be regarded as professional advice or the official opinion of MEN’S HEALTH and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the MEN’S HEALTH web site.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor MEN’S HEALTH 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 MEN’S HEALTH sources content from various third parties and does not editorially control the content provided by such third parties and MEN’S HEALTH only serves as an electronic distribution platform for such third party content. Therefore MEN’S HEALTH shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the MEN’S HEALTH web site not created by MEN’S HEALTH or its employees.
10.6 MEN’S HEALTH does not make any warranties or representation that content and services available from the MEN’S HEALTH web site will in all cases be true, correct or free from any errors. MEN’S HEALTH shall take all reasonable steps to ensure the quality and accuracy of content available from the MEN’S HEALTH web site.
10.7 MEN’S HEALTH does not make any warranties or representations that the MEN’S HEALTH web site will be available at all times. Users acknowledge that the MEN’S HEALTH web site may be unavailable due to updates or other causes beyond the reasonable control of MEN’S HEALTH, 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 the MEN’S HEALTH web site to MEN’S HEALTH and MEN’S HEALTH 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 MEN’S HEALTH™ and you, the user of this website. Any failure by MEN’S HEALTH™ 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 the MEN’S HEALTH web site and discussion forums available on the MEN’S HEALTH web site.
12.2 Users undertake not to post content to the MEN’S HEALTH web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and MEN’S HEALTH reserves the right to remove such content in terms of clause 11 above.
12.3 MEN’S HEALTH 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 MEN’S HEALTH harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the MEN’S HEALTH web site.

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 MEN’S HEALTH’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the MEN’S HEALTH web site 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 MEN’S HEALTH and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by MEN’S HEALTH from the User.
14.2 Any failure by MEN’S HEALTH 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

15.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the MEN’S HEALTH web site 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 MEN’S HEALTH shall only be deemed to have been received by MEN’S HEALTH if MEN’S HEALTH responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by MEN’S HEALTH 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 MEN’S HEALTH 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 MEN’S HEALTH; and
15.6 the User agrees and warrants that data messages that are sent to MEN’S HEALTH 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

The MEN’S HEALTH web site 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 the MEN’S HEALTH web site, its content, services and these terms and conditions.

17. LEGAL COSTS

MEN’S HEALTH shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

Competitions

(1) Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:
• The prizes on offer
• The steps required to participate
• The basis for determining the winners
• The closing date
• Where, when and from whom prizes are to be claimed
• The address of the web pages where the competition rules and these terms can be obtained

(2) All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry .
(3) Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.
(4) The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
(5) We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
(6) Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
(7) The judges decision will be final. We will not enter into correspondence.
(8) All entrants’ information will be used only in accordance with our Client Information Processing Policy [insert link].
(9) Where entry by SMS is applicable, SMSs are charged. Standard rates apply . Free rates do not apply.
(10) Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
(11) We reserve the right not to award a prize in any situation where it would be unlawful to do so.
(12) Multiple winners may be subject to tie-break to decide an outright winner.
(13) We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
(14) Your name and place of residence may be published when winners are announced.
(15) Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined .
(16) No cash alternative is available to any prize unless expressly stated otherwise.
(17) Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
(18) If any prize offered becomes unavailable for any reason, we reserve the right to select an alternative prize of equivalent type and value.
(19) Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
(20) We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
(21) YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE ECLUDED UNDER APPLICABLE LAW.
(21) By entering a competition you agree to receive promotional electronic communication from Men’s Health and/or its advertising partners