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TERMS AND CONDITIONS

These terms and conditions are binding and enforceable against all persons that access SA Direct’s website or any part thereof. If you do not agree with these terms and conditions, you must leave the WEBSITE immediately, as further use will automatically bind you to these TERMS AND CONDITIONS, the PRIVACY STATEMENT and the DISCLAIMER.

 

1.INTERPRETATION

  1. Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below will, when used in this AGREEMENT, bear the meanings ascribed to them and cognate words and expressions will bear corresponding meanings:
    1. TERMS AND CONDITIONS – the terms and conditions which form an agreement between the USER and SA DIRECT contained on the WEBSITE.
    2. BROWSER TYPE – the software program running on a computer that allows the USER to access documents on the internet, which may be text or graphic. Such programs read HTML coded pages that reside on a server and interpret the coding to be viewed as a web page. Examples of browsers are Netscape Navigator and Internet Explorer.
    3. CACHING – a process where data from the WEBSITE is temporarily stored in order to reduce bandwidth usage, server load and perceived lag.
    4. COOKIES – a data file that certain websites write to your computers hard drive when the USER uses the WEBSITE. Cookie files contain information such as a USER identification code that the WEBSITE uses to track the pages the USER has visited.
    5. IP ADDRESS – a numeric address which connects a USERS computer to the internet.
    6. REFERRER – the referrer is the page that causes the BROWSER to request a page or image from the SA DIRECT servers.
    7. SA DIRECT – SA Direct TV Limited, registration number 05241814, a company duly registered and incorporated under the laws of the United Kingdom with its principal place of business at 21-25 St Anne’s Court, London, WIF OBJ.
    8. UK – United Kingdom.
    9. USER – means any person who enters and/or uses the SA DIRECT WEBSITE.
    10. WEBSITE – this website and all the domains that are currently directed to the live website that is owned and operated by SA DIRECT and it’s agents.
  2. Notwithstanding that any hyper-links on this AGREEMENT, may be non-operational, this will not play a role in the determination of the validity and interpretation of these terms and conditions.
  3. The use of the word “including” followed by specific examples will not be construed so as to limit the meaning of the general wording preceding it.
  4. Any reference to any statute, regulation or legislation is a reference to such statute, regulation or legislation as at date of signature hereof and as amended or substituted from time to time.

2.GENERAL

SA DIRECT is a destination marketing company which broadcasts worldwide and on various platforms.

3.PERMISSIBLE USE AND LICENSE

  1. USERS are advised that programming content and is copyright protected and is subject to the UK and international copyright laws. USERS may not infringe copyright and the license granted to the USER is subject to such copyright.
  2. SA DIRECT hereby licenses the USER to view, download and print the content of the WEBSITE, provided that such content is used for private, personal, educational and/or non-commercial purposes only. Content from the WEBSITE may not be used or exploited by USERS for any commercial and non-private purposes without the prior written consent of SA DIRECT.
  3. USERS may not access, browse and use the WEBSITE for illegal purposes.

4.CACHING

  1. The caching of the WEBSITE will only be allowed if:
    1. The purpose of the caching is to make the onward transmission of the content from the WEBSITE more efficient;
    2. The CACHED content is not modified in any manner whatsoever;
    3. The CACHED content is removed or updated when so required by SA DIRECT.

5.RESERVATION OF RIGHTS AND LIMITATION OF LIABILITY

  1. If any USER uses any content from the WEBSITE in breach of the provisions detailed herein, SA DIRECT reserves the right to claim damages from the USER and/or to institute criminal proceedings against the USER.
  2. SA DIRECT will not be liable, in any manner whatsoever, for any damage (whether in contract or in tort), loss and/or liability that results from the use of the content from the WEBSITE by the USER and/or any third party who may now or in the future obtain content from the USER.

6.HYPERLINKS

  1. SA DIRECT accepts no liability whatsoever, for any damage (whether in contract or in tort), loss and/or liability, which may arise now or in the future from the use of the content of the WEBSITE, if such content was accessed through a hyperlink not directed at the homepage of the WEBSITE. Persons that wish to link to content beyond the home page of the WEBSITE do so entirely at their own risk and hereby indemnify and hold harmless SA DIRECT, its employees and suppliers from any damages (whether in contract or in tort), loss and/or liability, that may result from the use of content from the WEBSITE, if such content was accessed through a hyperlink not directed to the homepage of the WEBSITE. This indemnity is based on the rationale that deep-linking bypasses these terms and conditions.
  2. USERS may quote small and reasonable amounts of content available from the WEBSITE, if such quote is placed in inverted commas and acknowledged.
  3. Apart from bona-fide search engines operators and use of the search facility provided on the WEBSITE by USERS, no person may use or attempt to use any technology or applications (including webcrawlers and webspiders) to search, collect or copy content from the WEBSITE for any purposes, without the prior written consent of SA DIRECT. E-mail addresses, names, telephone numbers and fax numbers published on the WEBSITE may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the WEBSITE may be used to communicate unsolicited messages.
  4. All licenses and permissions granted in terms of AGREEMENT are non-exclusive and may be revoked at any time by SA DIRECT without prior written notice.
  5. SA DIRECT may provide hyper-links to third party websites, which are not controlled by SA DIRECT (“target sites”) and such links to not imply any endorsement, agreement on or support for the content of such TARGET SITES.
  6. SA DIRECT does not editorially control the content of TARGET SITES and will not be held liable, in any manner whatsoever or howsoever arising for the inability of a USER to access content available on or through such TARGET SITES.

7.INTELLECTUAL PROPERTY AND COPYRIGHT

All content, trademarks, live-audio streams, domain names, patents, design elements, software, source codes, meta tags, databases, text, graphics, icons and hyperlinks are the intellectual property of or licensed to SA DIRECT and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the licensed use envisaged in clause 3, all other rights to this intellectual property are expressly reserved.

8.SOFTWARE AND EQUIPMENT

It is the responsibility of the USER to acquire and maintain, at his own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the SA DIRECT website and/or download content from the WEBSITE.

9.DISCLOSURES

  1. SA DIRECT makes the following disclosures to USERS of the WEBSITE:
    1. Website Owner: SA Direct TV Limited, Registration number 05241814;
    2. Street Address: 21-25 St Anne’s Court, London WIF OBJ.
    3. Postal Address: 21-25 St Anne’s Court, London WIF OBJ
    4. Physical Address for receipt of legal service: 21-25 St Anne’s Court, London WIF OBJ.
    5. Main business: broadcasting of content in relation to the Southern African Region on various platforms, including television, live-audio streaming in various countries.
    6. Official email address: info@sadirect.tv
    7. Cost associated with access to the WEBSITE: free
    8. Alternative dispute resolutions procedure: - arbitration

10.CONSUMER PROTECTION

Please refer to the TERMS AND CONDITIONS OF SALES (in the case of online sales being available), which should be read in conjunction with these TERMS AND CONDITIONS.

11.AMENDMENT OF TERMS AND CONDITIONS

  1. SA DIRECT reserves the right, in its sole and absolute discretion, at any time, to:
    1. Amend these terms and conditions in any respect;
    2. Change the content on the WEBSITE;
    3. Discontinue any aspect of the WEBSITE;
    4. Change the software and hardware required to access and use the WEBSITE.

12.DISPUTES

  1. Any disputes or problems relating to:
    1. Access to the WEBSITE;
    2. The inability to access the WEBSITE;
    3. The services and content available from the WEBSITE; and/or
    4. These terms and conditions, the privacy statement and the DISCLAIMER;
    will be dealt with in accordance with the arbitration proceedings envisaged in the UK Arbitration Act, 1996. Such arbitration proceedings will be conducted in London , UK in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party. The Arbitration Act, 1996 may be downloaded from the following web site: http://www.opsi.gov.uk.
  2. USERS may lodge complaints in relation to the WEBSITE at info.sadirect.tv.

13.GOVERNING LAW

These terms and conditions, the PRIVAY STATEMENT and the DISCLAIMER will be governed by the laws of the UK and all matters or things arising out of or in respect of this AGREEMENT will be decided in terms of the laws of the UK. You agree to submit to the exclusive jurisdiction of the courts of the UK.

14.LEGAL COSTS

SA DIRECT will not be liable for costs incurred by USERS to obtain professional advice relating to these TERMS AND CONDITIONS, the PRIVACY STATEMENT, the DISCLAIMER AND LIMITATION OF LIABILITY and the TERMS AND CONDITIONS OF SALES (if online sales are available).

15.SECURITY

  1. SA DIRECT shall take all reasonable steps to secure the content of the WEBSITE and the information provided by and collected from USERS from unauthorised access and/or disclosure. SA DIRECT does not make any warranties or representations that all content will be completely safe and secure.
  2. SA DIRECT is under no legal duty to encrypt any content or communications to and from the WEBSITE and is also under no duty to provide digital authentication of any page of the WEBSITE.
  3. USERS may not deliver or attempt to deliver, whether on intentionally or negligently, any damaging code, such as computer viruses, to the WEBSITE or the server and to any computer network that supports the WEBSITE. Notwithstanding criminal prosecution, any person who delivers any damaging code to the WEBSITE, whether intentionally or negligently, shall, without limitation, hereby indemnify and hold harmless SA DIRECT, its employees, partners, affiliates and/or agents against any liability, damages and losses that SA DIRECT, its employees, partners, affiliates and/or agents may now or in the future suffer as a result of such damaging code.
  4. USERS may not develop, distribute or use any device to breach or overcome the security measures of SA DIRECT, its employees, agents, partners and/or affiliates and SA DIRECT reserves the right to claim damages from all or any persons concerned. Any USERS who contravene the provisions of this clause, will notwithstanding any criminal prosecution, be liable for all damages and losses incurred and/or suffered by SA DIRECT, its employees, agents, partners and/or affiliates as a result of such contraventions.
  5. The User agrees and warrants that data messages that are sent to SA DIRECT 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.REMOVAL AND CORRECTION OF CONTENT

USERS are encouraged to report untrue, inaccurate, defamatory, illegal, infringing or harmful content available from the WEBSITE to SA DIRECT and SA DIRECT undertakes to correct and/or remove such content or any part thereof if the person reporting such content or any part thereof provided reasonable grounds to prove the alleged nature of the content.

17.INTERCEPTION OF COMMUNICATIONS

The USER agrees that SA DIRECT, its employees, agents, partners and/or affiliates may intercepts, block, filter, read, delete, disclose and use all communications sent or posted by the USER to the WEBSITE.

18.PRIVACY STATEMENT

  1. PERSONAL INFORMATION
    1. For the purposes of this clause, “personal data” is defined as envisaged in the UK Data Protection Act, 1998. SA DIRECT will take all reasonable steps to protect the personal data of USERS. SA DIRECT shall not disclose personal information from USERS unless the USER consents to such disclosure. For example, the USER may be requested to provide information when registering for information. Should the USER elect not to provide information requested by SA DIRECT, access to certain options and services may be restricted by SA DIRECT.
    2. SA DIRECT may electronically collect, store and use the following personal data of USERS:
      1. Name and surname;
      2. Contact numbers;
      3. Non-personal browsing habits and click patterns;
      4. E-mail address;
      5. Selected user name and password.
    3. The WEBSITE'S servers automatically collect information about the USERS IP ADDRESS, BROWSER TYPE and the REFERRER.
  2. USE OF INFORMATION
    1. SA DIRECT stores and uses the above information for the following purposes:
      1. To enhance the USER'S experience of the WEBSITE;
      2. To fulfil any agreement with the USER in relation to updates, e-mail alerts or text message alerts;
      3. To send the USER details of any of SA DIRECT'S products and/or services by email and/or text message should the USER consent thereto.
      4. To answer any queries a USER has sent by email to SA DIRECT.
      5. To notify the USER of any important functionality changes to the WEBSITE, new services and/or products and special offers.
      6. To provide the User with access to restricted pages on the WEBSITE.
      7. To communicate requested information to the USER.
      8. To compile non-personal statistical information about browsing habits, click-patterns and access to the SA DIRECT WEBSITE.
    2. Personal data may be shared with employees, agents or entrusted third parties of SA DIRECT to administer any services provided to you by SA DIRECT now or in the future. Personal data may be shared with anyone to whom SA DIRECT transfers its rights and duties under these TERMS AND CONDITIONS, subject to being legally obliged or permitted to do so. SA DIRECT may collect, maintain, save, compile, share, disclose and sell any information collected from USERS, subject to the following provisions:
    3. SA DIRECT uses tracking software to monitor USER traffic patterns and site usage to assist SA DIRECT with WEBSITE development and design. Such software does not enable SA DIRECT to capture “Sensitive Personal Data” as defined in the UK Data Protection Act, 1998, which includes information about the racial or ethnic origin of the data subject, his political opinions, religious beliefs, whether the USER belongs to a trade union, the USER'S physical or mental health, the USER'S sexual life, the commission or alleged commission by the USER of an offence and any proceedings for any offence committed or alleged to have been committed by the USER.
    4. SA DIRECT retains all rights to non-personal statistical information collected and compiled by SA DIRECT, its employees and/or agents.
    5. SA DIRECT'S nominated data controller in the UK can be contacted at 21-25 St Anne's Court, London W1F OBJ.
  3. COOKIES
    1. 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.
    2. Should the USER choose to disable the receipt of COOKIES from the WEBSITE, by either changing the browser settings to display a warning before accepting a COOKIE or to refuse COOKIES, the USER may not be able to use certain features of the WEBSITE.

19.DISCLAIMER

  1. SA DIRECT, its owners, employees, suppliers, internet service providers, partners, affiliates and/or agents will not be liable for any damage, loss (whether in contract or in tort) and liability of any nature which may now or in the future arise as a result of the USER'S use of this WEBSITE, notwithstanding how such damage and/or loss may have arisen and which shall include, but not be limited to:
    1. Access to the WEBSITE;
    2. Access to other websites which may be linked to the WEBSITE;
    3. The inability to access websites which are or may be linked to the WEBSITE;
    4. Content available on the WEBSITE;
    5. Downloads and use of content from the WEBSITE.
  2. The WEBSITE 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, prior to entering this WEBSITE and thereby binding himself to the TERMS and CONDITIONS, that the content available from and through the WEBSITE meets the USER'S individual requirements and that same is compatible with the USER'S hardware and software requirements.
  3. Information, ideas and/or opinions expressed on the WEBSITE should not be regarded as professional advice or the official opinion of SA DIRECT and USERS are encouraged to take professional advice before taking any course of action related to the information, ideas or opinions expressed on the WEBSITE.
  4. SA DIRECT does not make any warranties or representations that content and services available from the WEBSITE will in all cases be true, correct or free from any errors. SA DIRECT will take all reasonable steps to ensure the quality and accuracy of content available from the WEBSITE.
  5. SA DIRECT does not make any warranties or representations that the WEBSITE will be available at all times. USERS acknowledge that the WEBSITE may be unavailable due to updates or other causes beyond the reasonable control of SA DIRECT, including, but not limited to virus infection, unauthorised access (hacking), power failure due to acts of God.

20. COMPETITIONS

 

  1. These terms and conditions together with any specific rules set out in Competition Notices (as defined below) are the Competition Rules ("Rules") and apply to all competitions including those on the www.sadirect.com website ("Competition"), unless otherwise expressly stated. By entering a Competition, entrants agree to be bound by these Rules.
  2. The Competition is organised by SA Direct TV whose registered address is 21-25 St Anne’s Court, London W1F 0BJ United Kingdom
  3. Rules specific to each Competition are displayed in a notice included on the www.sadirect.com web page posting for such Competition (the "Competition Notice") and are deemed to be incorporated herein. In the event of discrepancy between these terms and conditions and the Competition Notice, the Competition Notice shall prevail.
  4. SA Direct TV reserves the right to cancel or amend the Competition, the Competition Notice or these Rules at any time without prior notice. Any changes will be posted either within the Competition Notice or these Rules. A copy of the Rules may also be obtained by sending a stamped addressed envelope to: Competition Rules, SA Direct TV, 21-25 St Anne’s Court, London W1F 0BJ United Kingdom
  5. In the event of any dispute regarding the Rules, Competition Notice, conduct, results and all other matters relating to a Competition, the decision of SA Direct TV shall be final and no correspondence or discussion shall be entered into. 

  6. Qualifying Entrants

  7. To qualify to enter the Competition you must be permanently resident in the United Kingdom, unless otherwise stated in the Competition Notice.
  8. Employees of SA Direct TV, the employees of any company involved in the Competition, contractors or employees of companies who may be involved in the production of a television programme to which a Competition relates, the employees of any advertising agency and/or web company connected with SA Direct TV and/or the employees of any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter the Competition. SA Direct TV reserves the right to verify the eligibility of all entrants.          
  9. Additional eligibility requirements may apply to a specific Competition, e.g. a valid passport, visas and/or driver’s licence will be required if the Competition prize includes travel outside the United Kingdom and/or car hire.
  10. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete in all material respects.
  11. You hereby warrant in favour of SA Direct TV that you have legal capacity to enter the Competition and agree to the Rules (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents/legal guardians have consented to your entry of the Competition and use of these Rules.
  12. SA Direct TV reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these terms and conditions.
  13. In the event that any entrant is disqualified from the Competition, SA Direct TV may in its sole discretion  decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

  14. Competition Entries

  15. Only one entry per person per Competition is allowed, unless otherwise stated on the Competition Notice.
  16. Competition entries must be made in the manner and by the closing date specified on the Competition Notice. Failure to do so will disqualify the entry.
  17. There is no purchase requirement to enter a Competition and there is no charge to register for use of the ww.sadirect.com website.
  18. Where an offer is made for participation in a Competition involving a premium rate telephone call, the Competition Notice will include details of the estimated length of the call and its anticipated cost, and any other guidance to which SA Direct TV must adhere in compliance with PhonepayPlus rules. (www.phonepayplus.org.uk). Where entry to a Competition is by premium rate telephone call, entry may also be made by post by writing to: [Name of Competition] Competition, SA Direct TV 21-25 St Anne’s Court, London W1F 0BJ United Kingdom to be received by the closing date as stated in the Competition Notice.
  19. Proof of posting cannot be accepted as proof of delivery. SA Direct TV cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
  20. Entrants should note that unless stated otherwise, SA Direct TV cannot accept responsibility for the return of any Competition entries, including those consisting of artistic or other material.

  21. Prizes

  22. Prize winners will be chosen at random unless specified otherwise in the Competition Notice, from all qualifying entries within 28 days of the closing date specified in the Competition Notice. Tie-breakers will be judged by SA Direct TV and, if required by law, by an independent adjudicator. In all matters, the decision of the judge(s) and SA Direct TV shall be final and no correspondence or discussion shall be entered into.
  23. Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner. If more than one prize is available, only one prize per entrant will be awarded. Competition winner(s)’ names may be published on the SA Direct TV website or you can write to Competition Prize Winners, SA Direct TV 21-25 St Anne’s Court, London W1F 0BJ United Kingdom naming the specific competition including a self-addressed stamped envelope for a list of winners.
  24. Claims for prizes must be made in the manner and within the time specified on the Competition Notice. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.
  25. Prizes are non-transferable and there is no cash alternative, unless otherwise stated in the Competition Notice. SA Direct TV reserves the right to substitute prizes of equal or greater value at any time.
  26. Prizes are awarded at SA Direct TV’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
  27. Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition Notice and must be observed. SA Direct TV reserves the right to request written proof of age of any winner.
  28. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

  29. Intellectual Property Rights

  30. In consideration of SA Direct TV agreeing to consider entrants to the Competition, each entrant hereby assigns to SA Direct TV the complete copyright and all other rights in any entry, which shall be for the full period of copyright. SA Direct TV shall be free to assign such rights to third parties.
  31. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libelous, defamatory, obscene, indecent, harassing or threatening. If relevant, SA Direct TV reserves the right, but not the obligation, to screen, filter and/or monitor information provided by you and to edit, refuse to distribute or remove the same.

  32. Liability

  33. SA Direct TV cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. SA Direct TV is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the Competition. Nothing shall exclude SA Direct TV’s liability for death or personal injury as a result of SA Direct TV’s negligence.

  34. Data Protection and Publicity

  35. Winners may be requested to take part in promotional activity and SA Direct TV reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.
  36. Any personal data relating to entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without either the individual’s prior consent, or SA Direct TV’s prior notification.

  37. Jurisdiction

  38. The Competition and the terms and conditions of this agreement will be governed by English law. 
  39. You can contact us in relation to any competition by writing to SA Direct TV 21-25 St Anne’s Court, London W1F 0BJ United Kingdom.

21.EMAIL

 

The following disclaimer applies to all email communication sent by employees of Southern Africa Direct using the sadirect.tv domain:

  1. The email is intended for the confidential use of the intended recipient.
  2. The information may be protected by copyright and may be the intellectual property of Digital Sky Investments (Pty) Ltd t/a Southern Africa Direct, Registration number 2006/028501/07 (“SA Direct"). Please note that any review, dissemination, distribution or copying of this email is strictly prohibited if you are not the intended recipient. If you have received it in error, please desist from reading it and notify us to our email address of the error. 
  3. No liability or responsibility is accepted if information or data is, for whatever reason corrupted or does not reach its intended recipient.
  4. No warranty is given that the email is free of viruses.
  5. The views expressed in the email are, unless otherwise stated, those of the author. Opinions, conclusions and other information in this message that does not relate to the official business of Southern Africa Direct shall be understood as neither given nor endorsed by it.
  6. SA Direct reserves the right to monitor, intercept and block emails addressed to its users or take any other action in accordance with its email use policy.