PRIVACY POLICY

ABN PUBLISHING PTY LTD shares your concern about the protection of your personal information online. This is our Privacy Policy regarding the information we collect. Please note that this Privacy Policy may change from time to time. If changed, we will post an updated Privacy Policy on this page.

This Privacy Policy describes the types of information collected from you, what we do with it, with whom we share it, and how you can correct or change such information. It is your responsibility to review this Privacy Policy carefully, especially before providing any personal data through the Site.

YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO SUCH PRIVACY POLICY.

COLLECTING USER DATA

PERSONAL DATA: Personally Identifiable Information (“Personal Data”) is any information that can be used to identify a specific individual, such as your name, email address, home address, phone number and credit card information. This Site collects Personal Data when you interact with the Site, for example when you register for our Subscription Services, including without limitation, to become a user, member or premium subscriber of the site, subscribe for newsletters; register for membership services such as chat rooms or message boards; participate in chat rooms, blogs or other user forums; respond to polls or surveys; purchase merchandise via the Site; register for sweepstakes, contests and other promotional opportunities; or seek help from our customer service departments. We also may collect information when you purchase products or services offline, or register for wireless services via your cell phone or other wireless devices (”Other Services”). Because providing detailed information regarding our privacy policy when you register or provide information in connection with these Other Services often proves impractical, you may instead be provided with a short notice that reminds you to refer to this Privacy Policy and other relevant information from us. We may also obtain Personal Data from reputable third parties, such as credit agencies.

AGGEREGATE AND ANONYMOUS DATA: Aggregate and anonymous data are information collected automatically through the operation of the Site (“AA Data”). We may collect site usage data (such as which Site pages you visit and in what sequence) through the use of various technologies. For example, we collect IP addresses from individuals who visit the Site. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the Web. Web servers, the computers that “serve up” Web pages; automatically identify your computer by its IP address, and when you request a page from a website, its servers log your IP address. We do not link IP addresses to any Personal Data, so although your session will be logged, you will remain anonymous to us and the Site. We may also collect password information from you when you log in, as well as computer and connection information such as browser type or version. During some visits, we may use software tools, such as Javascript, to measure and collect session information, including page response times, download errors, time spent on certain pages, page interaction information, and methods used to browse away from the page.

USE OF COOKIES AND SIMILAR TECHNOLOGIES:

Like many sites, we use “cookies” or other similar technologies to collect AA Data. A cookie is a small data file that writes to your hard drive for record keeping purposes when you visit the Site. Cookies allow the Site to measure traffic activity on the Site and to improve your user experience, for example by remembering your passwords and viewing preferences, allowing you to visit “member only” portions of the Site without re-registering, and tracking the progress and number of entries in activities that require registration or entry, such as sweepstakes. Similarly, if you have asked us to send you information about upcoming products and promotions, using cookies we collect information about which Site pages you have visited and in what order (“Clickstream Data”) that may allow us to narrow or limit the materials provided to you based on your prior online activities or preferences. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, but it is possible that some parts of the Site will not function properly if you do so.

In addition, we may use a service that collects data remotely by using so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) embedded in the Site’s content. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drives. This information is anonymous data.

OUR USE OF YOUR DATA:

PERSONAL DATA: We will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to become a user, member or premium subscriber of the site, register for a newsletter or a text messaging service, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted.

Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.

AA DATA: We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, ABN PUBLISHING PTY LTD often conducts research on its customer demographics, interests and behaviour based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. ABN PUBLISHING PTY LTD may share this type of AA Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners.

We may use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.

DISCLOSURE OF PERSONAL DATA:

DISCLOSURE TO AFFLIATES: Personal Data collected by this Site may be shared with our affiliates which include other entities owned or controlled by ABN PUBLISHING PTY LTD, CNBC Africa or its parent companies. We reserve the right to share both Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us at [email protected]

DISCLOSURE TO THIRD PARTIES: ABN PUBLISHING PTY LTD, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Data it needs to perform its function, and is required to protect the Personal Data. With your consent, we may also share Personal Data with pre-screened third parties for their marketing or promotional purposes. We will provide you with an opportunity to elect or decline these services or opportunities (see “Your Choices” below). In the event you have elected to “unsubscribe” from any of our services, we will share your Personal Data with third parties with whom we jointly offer such services solely to the extent necessary to ensure that your request not to receive such communications is honoured. In addition, for third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request. When you register on the Site you will be able to opt-in or opt-out of such sharing on the Member Centre page.

DISCLOSURE TO OTHERS: In addition, we may disclose Personal Data without providing you with a choice under the following limited circumstances to: (1) protect the legal rights, privacy or safety of ABN PUBLISHING PTY LTD, or its owners, subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from public authorities; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Use; or (7) comply with the law or legal process.

If ABN PUBLISHING PTY LTD sells all or part of this Site or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personal Data to a third party as part of or in connection with that transaction. Upon such transfer, the Privacy Policy of the acquiring entity may govern the further use of your Personal Data.

THIRD-PARTY ADVERTISING AND LINKS TO OTHER SITES:

This Site includes third-party advertising. These third parties’ websites and advertisers, or the Internet advertising companies that work on their behalf, may use technology to send (or “serve”) the advertisements that appear on our Site directly to your browser. They automatically receive your IP address when this happens. They also automatically receive and record information from your computer and browser, including your cookie information. They may also use cookies, Javascript, Pixel Tags and other technologies to deliver advertisements, collect information about the effectiveness of their advertisements, and to collect anonymous information about your visits to the Site, such as the number of times you have viewed an ad or to customize the advertising content you see (but not your name, address, or other Personal Data). ABN PUBLISHING PTY LTD lets the companies that show advertisements on the Site, set and access their cookies on your computer. The third parties’ use of their own cookies is subject to their own privacy policies. It is your personal responsibility to obtain information about how these specialised cookies and other technologies function and how to “opt-out” should you wish to.

Please note that this Site contains links to other sites that will not follow the same Privacy Policy as our Site. For instance, clicking on an advertisement or on links or other elements on the Site may take you to an entirely different site. Links to other sites may use our Site logo or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect data and make use of that data in ways that this Site would not. Once you’ve left this Site, this Privacy Policy will no longer apply to Personal Data or any other data collected from or provided by you. You should check the applicable privacy policy to determine how that site will handle such data.

YOUR CHOICES:

You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the “unsubscribe” link at the bottom of any message, visiting the Member centre section of the Site or contacting us at: [email protected] . You may opt-out of receiving offers from us and related products and services offered by third parties by adjusting your Site preferences at our “Member centre” link on the home page. If you ask that we stop using your Personal Data, we will honour that request. However we will retain records of your Personal Data as needed in order to comply with applicable all applicable laws.

ACCESS AND CORRECTION:

If you would like to review, correct or change the Personal Data that you have previously provided us, please go to the Member centre section of the Site and follow the appropriate instructions or contact us [email protected] We will take reasonable steps to update or correct Personal Data in our possession.

CHILDREN AND PRIVACY:

We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 16 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.

MESSAGE BOARDS, CHAT ROOMS, BLOGS AND OTHER USER FORUMS:

Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public.

DATA SECURITY DISCLAIMER:

ABN PUBLISHING PTY LTD takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of ABN PUBLISHING PTY LTD to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at [email protected]

EXCLUSIONS:

This Privacy Policy shall not apply to any unsolicited information you provide to ABN PUBLISHING PTY LTD on or through this Site or Other Services. All such Unsolicited Information shall be deemed to be non-confidential, and ABN PUBLISHING PTY LTD shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution

OTHER TERMS AND CONDITIONS:

Your access to and use of this Site or Other Services is subject to the Terms of Use.

In respect of deliverables of affiliated Companies on sold under this agreement by CNBC Africa, CNBC Africa will act as agent and not principal in order to facilitate receipt of payment under this agreement.

APPLICABLE LAW:

We control and operate this Site from the Republic of South Africa. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the Republic of South Africa. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.

CHANGES TO THIS PRIVACY POLICY:

From time to time, we may revise this Privacy Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. If we make revisions to the way we collect or use Personal Data, we may provide notice of those changes by either: (1) announcing the change on the home page of the Site or (2) taking such other action as we deem appropriate under the circumstances, including without limitation, posting the revised draft of this Privacy Policy on the Site.. Any changes to this policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as it may be amended from time to time, in whole or in part, please do not continue using this Site.

CONTACTING ABN PUBLISHING PTY LTD REGARDING YOUR PRIVACY:

If you have any questions about this Privacy Policy, Personal Data gathered by this Site or Other Services, or about the operation of this Site or Other Services, or if you wish to unsubscribe from the Site or Other Services, please contact us at [email protected]

TERMS OF USE

GENERAL

ABN PUBLISHING PTY LTD is committed at making its content available to everyone. In order for this content to be accessible to everyone ABN PUBLISHING PTY LTD will utilise various mediums to ensure the widest reach. We will strive to ensure that the highest Standards of Quality and Service are maintained at all times. We therefore request that you carefully read and comply with these Terms of Use and any other Policies on the ABN PUBLISHING PTY LTD Website.

GUIDELINES

By accessing this site you agree to have read and be bound to the Terms of Use herein stipulated as well as any additional terms and conditions that are referenced herein or that are presented elsewhere on the site in relation to a specific service or feature including but not limited to the current and future Policies.

Should you continue to access the site, you hereby signify your acceptance to be bound to all the Terms of Use. If for any reason you choose not to accept any of the terms on the ABN PUBLISHING PTY LTD website, kindly desist from using the site immediately.

ABN PUBLISHING PTY LTD reserves the right to amend, alter, revise or vary these Terms of Use and any other Policy on the ABN PUBLISHING PTY LTD site at any time at its sole discretion. It is therefore imperative that you regularly read the Terms of Use and Legal Policies as continued use of the site will be deemed to constitute acceptance by you of the Terms of Use as well as any changes thereto.

HOW OUR SERVICE WORKS

ABN PUBLISHING PTY LTD provides users with access to a rich collection of resources related to financial and business news, such as ABN PUBLISHING PTY LTD video programming, financial tools and news analysis (the “Content”). Some of our Content requires users to be registered and other Content requires users to pay a fee which could be billed either in regular increments (e.g. monthly or yearly) or on a pay-per-use basis.

You understand and agree that the Service may include certain communications from ABN PUBLISHING PTY LTD, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “AS-IS” and that ABN PUBLISHING PTY LTD assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

In addition to the aforementioned ABN PUBLISHING PTY LTD’s website may contain hyper-links to third party sites. ABN PUBLISHING PTY LTD is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by us of the site(s) or the products or services provided therein. The Users access those sites and use their products and services solely at their own risk

REGISTRATION OF YOUR ACCOUNT

In order to gain access to portions of the Services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. You will be informed prior to you registering for all mandatory fees that will be levied for the use of certain services. Your access to these services will be dependent upon all fees being paid up front. ABN PUBLISHING PTY LTD reserves the right to refuse you from registering and becoming a member or terminating your registration should it deem it necessary for any reason what so ever. You will have no right to any refund or re-imbursement for any fees already paid for use of these services.

The ABN PUBLISHING PTY LTD PRIVACY POLICY sets out the manner in respect to which all personal information collected by ABN PUBLISHING PTY LTD will be stored and utilised.

SUBSCRIPTION OF PREMIUM SERVICE

In addition to the registration of your user account as stated above, you may also be invited to subscribe to certain services on the ABN PUBLISHING PTY LTD site. The subscription offered herein is for the Premium Service bouquet that will be offered to all registered users of the ABN PUBLISHING PTY LTD site at an additional fee.

The period for which you will be granted access to the Premium Service will be dependent on the package you choose.

The Terms of Use that govern the ABN PUBLISHING PTY LTD site also apply to you as a Premium Service Subscriber.

Payment terms are set out under the PAYMENT CLAUSE below.

USER GENERATED MATERIAL AND USER CONDUCT

The ABN PUBLISHING PTY LTD site is a dynamic website that contains interactive features. In addition to gaining access to the site, users will also be able to post or upload comments or user-generated content such as video, photos, messages, other materials or items (this will be referred to as “User Generated material”). You are solely responsible for your use of any Interactive features and you use them completely at your own risk.

All users must be above the age of sixteen (16) years old. Every user warrants that by accessing the site and any material contained therein you are above the age of eighteen (18) or if you are between the ages of sixteen (16) and eighteen (18) that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter these Terms of Use, access the ABN PUBLISHING PTY LTD site, submit content or participate in any manner on ABN PUBLISHING PTY LTD. The obligations set forth in these Terms of Use constitute a binding contract between you and ABN PUBLISHING PTY LTD.

You further agree to be bound to the following conditions in regard to the manner of your conduct during your access and use of ABN PUBLISHING PTY LTD.

a. The user with the inclusion of but not the limitation of agrees that they will not transmit submissions to the ABN PUBLISHING PTY LTD site that:

i. Use any of the forums for illegal purposes;

ii. Are for purpose of spamming;

iii. Restrict or inhibit any other user from using and enjoying the forums;

iv. Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane, pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law, or engage in activity that would constitute a criminal offense or give rise to a civil liability;

v. Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to the ABN PUBLISHING PTY LTD site through the forums or other avenues, which allow for such submissions. The user by the transmission of content in any manner whatsoever, represents to ABN PUBLISHING PTY LTD that they are the rightful owner of such content transmitted or that the user has obtained permission from the rightful owners to submit such content transmitted;

vi. Contain viruses or other harmful content;

vii. Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.

PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

All trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of ABN PUBLISHING PTY LTD or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use or on the ABN PUBLISHING PTY LTD site.

You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ABN PUBLISHING PTY LTD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ABN PUBLISHING PTY LTD grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or other compatible device such as a smart phone or tablet; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ABN PUBLISHING PTY LTD for use in accessing the Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

DISCLAIMER IN REGARD TO THE INFORMATION WE PROVIDE

The information we provide on the ABN PUBLISHING PTY LTD website is supplied by ABN PUBLISHING PTY LTD primarily as a broadcaster. ABN PUBLISHING PTY LTD is a content provider and not a publisher of the information.

The content available on ABN PUBLISHING PTY LTD may be provided by various information providers. ABN PUBLISHING PTY LTD neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice or statement that is conveyed on ABN PUBLISHING PTY LTD

The information and opinions contained herein are not advice to buy or sell securities or any other investment instruments. Accuracy and completeness of data and opinions are not guaranteed.

ABN PUBLISHING PTY LTD, its owners, subsidiaries, its other affiliates, or any of their respective employees, agents, third part content providers, licensors, information providers or content partners is not liable regardless of the course or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of the information contained within ABN PUBLISHING PTY LTD, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the abovementioned Parties shall be liable for any third-party claims or losses arising therefrom or occasioned thereby. None of the above mentioned Parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither ABN PUBLISHING PTY LTD, its owners subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers, licensors, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

DISCLAIMER OF WARRANTY: LIMITATION OF LIABILITY

In no event will ABN PUBLISHING PTY LTD, its owners, subsidiaries, its other affiliates nor any of their respective employees, agents, third party content providers or licensors or any person or entity involved in creating, producing or distributing ABN PUBLISHING PTY LTD or the ABN PUBLISHING PTY LTD software, be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use or inability to use ABN PUBLISHING PTY LTD.

ABN PUBLISHING PTY LTD disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ABN PUBLISHING PTY LTD, you acknowledge and agree to ABN PUBLISHING PTY LTD’s disclaimer of any such liability. If you do not agree, you should not access or use ABN PUBLISHING PTY LTD.

ABN PUBLISHING PTY LTD and its owners, affiliates, suppliers, agents and sponsors do not warrant and accept no liability that your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. ABN PUBLISHING PTY LTD and its owners, affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and Your reliance thereon. No opinion, advice, or statement of ABN PUBLISHING PTY LTD or its owners, affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at your own risk. ABN PUBLISHING PTY LTD and its owners, affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ABN PUBLISHING PTY LTD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

FORCE MAJEURE

Under no circumstances shall ABN PUBLISHING PTY LTD be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ABN PUBLISHING PTY LTD, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ABN PUBLISHING PTY LTD by you or your Account.

TERMINATION AND CANCELLATION

ABN PUBLISHING PTY LTD may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, ABN PUBLISHING PTY LTD shall have the right to immediately terminate your Account in the event of any conduct by you which ABN PUBLISHING PTY LTD, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

Should you be a Premium Service Subscriber ABN PUBLISHING PTY LTD reserves the right to cancel your subscription to the Premium Service at any stage should it deem necessary for any reason whatsoever.

Should this cancellation be for a security risk or any reason attributed to you or your use or the information supplied by you then ABN PUBLISHING PTY LTD will not refund any fees already paid. This is not a waiver of any legal rights that ABN PUBLISHING PTY LTD may in addition have, and may at its discretion pursue any further legal recourse that it may have against you.

You may cancel your subscription of the Premium Service or choose to opt out from receiving the additional services at any time. You will not be entitled to a return of any fees that you have already paid, however no further fees will be levied to your account.

ABN PUBLISHING PTY LTD reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, ABN PUBLISHING PTY LTD will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.

WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW

PAYMENT CLAUSE

ABN PUBLISHING PTY LTD will only accept credit card payments as a means of payment for all fees, payments, subscriptions, or any other charges that it will levy for use or access to ABN PUBLISHING PTY LTD.

By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly or yearly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service. As indicated in these Terms of Use, “billing” shall indicate a charge against your registration, user or subscription account.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.

The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership.

In the event a monthly membership began on a day not contained in a given month, we will bill your Payment on the last day of such month. For example, if you became a paying member on January 31st, your Payment would next be billed on February 28th. If you received a free trial, your Payment will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment unless you do not cancel prior to the end of your free trial period. All fees, taxes and charges are non-refundable. There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice by e-mail. If there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “edit payment options” button on the Homepage. If your Payment reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, ABN PUBLISHING PTY LTD shall have the right to terminate or suspend your subscription and your access to the Subscription Service.

LEGAL NOTICES

These Terms of Use and any other Policy found on ABN PUBLISHING PTY LTD are governed in accordance with the Laws of the Republic of South Africa.

If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by ABN PUBLISHING PTY LTD arising out of these terms, provided that ABN PUBLISHING PTY LTD shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

ABN PUBLISHING PTY LTD (Pty) Ltd, Registration number 2007/106909/07, registered in accordance with the Company’s Laws of South Africa.

REGISTERED OFFICES:

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