Privacy Policy

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PRIVACY POLICY

We shall take reasonable steps to protect your personal information.  For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

We may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not access or register on this website). This personal information includes, but is not limited to, the following:

  1. name and surname;
  2. your email address;
  3. information pertaining to memorials
  4. personal preferences;
  5. non-personal browsing habits and click patterns; and
  6. IP address.

We collect, store and use the personal information described in order to (but not limited to the following) –

  1. enable you to create personal profile on this website and thereby access this website;
  2. enable you to make use of this website in the manner described on this website, from time to time;
  3. communicate requested information to you, for example through user alerts;
  4. communicate information to you regularly, for example through newsletters;
  5. compile and maintain this website and member database;
  6. register and/or authenticate users of and/or visitors to this website;
  7. identify and take reasonable measures to prevent fraudulent uses of or access to this website;
  8. compile non-personal statistical information about browsing habits, click patterns and access to this website;
  9. attract advertisers by showing anonymised information about the database, for example demographics;
  10. track database size and growth; and
  11. track compliance of registrants and third parties with these terms of use.

The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by users of and/or visitors to the website.  You may determine cookie use independently through your web browser settings.

You may request details of your personal information which we collect, store and use.  The process you should follow is detailed in our Promotion of Access to Information manual, details of which are set out below.

Personal information collected from you may be deleted from this website and member databases when your account on this website is terminated for any reason. We may collect, maintain, save, compile, share, disclose and sell the personal information subject to the following:

  1. We shall not disclose personal information unless the person from whom the personal information is collected, consents thereto;
  2. We shall disclose the information without your consent only where we are compelled to do so by law; and
  3. We may compile, use and share any of the information that does not relate to a specific individual.

In the event that your personal information is inaccurately or incompletely reflected on this website, you agree that it is your responsibility to notify us of this fact and to supply us with the accurate or complete information to enable us to address your concerns.

 

SOFTWARE AND EQUIPMENT

It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and access accounts required to access this website.

It is similarly your responsibility to back your data up and to ensure your data’s integrity when using this website.

 

LIABILITY

These terms of use contain provisions, which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms of use.

It is therefore important that you familiarise yourself with these provisions before you use this website and that you not use this website if you do not agree to abide by those provisions.

 

DISCLAIMERS AND LIMITATION OF LIABILITY

Your use of and reliance on this website is entirely at your own risk. This website is provided "As Is" and "As Available".

To the fullest extent permissible by law, Media24 disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to this website (or this website itself, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on this website.

While we take reasonable precautions in our operation of the service, you agree that neither Media24 nor Naspers’ Associates shall be liable in respect of any losses however arising and whatever the cause, in particular pursuant to and in furtherance of these terms of use, your access to this website or from your inability to access this website.

We will use reasonable endeavours to make this website available to you, and keep this website available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to this website (either in part or as a whole) for any reason whatever.

 

INDEMNITY

You hereby indemnify Media24 and Naspers’ Associates from any losses due to or arising out of your use of this website or your breach of these terms of use.

 

RIGHTS INFRINGEMENT

If you are of the view that your rights have been infringed through the unlawful use of this website by registrants or third parties, you may address a complaint to us which satisfies the following requirements and/or contains the following information:

  1. the full names and address of the complainant;
  2. the written or electronic signature of the complainant;
  3. identification of the right that has allegedly been infringed;
  4. identification of the material or activity that is claimed to be the subject of unlawful activity;
  5. the remedial action required to be taken by the service provider in respect of the complaint;
  6. telephonic and electronic contact details, if any, of the complainant;
  7. a statement that the complainant is acting in good faith;
  8. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please either contact us on this website or address your communications to:

  1. Content Manager
  2. Email: info@remembered.co.za

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary.  Such action may include, but is not limited to, removing the offending content from this website and/or suspension or termination of the offending registrant or third party.

 

DEALINGS WITH 3RD PARTIES

LINKS TO AND FROM THIS WEBSITE FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES (“LINKED WEBSITES”) DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH LINKED WEBSITES OR THEIR CONTENTS NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS.  YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS OF USE WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY.

WE HAVE NO CONTROL OVER LINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS LINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THIS WEBSITE IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

 

ARBITRATION

If any dispute arises between us regarding any provision of these terms of use, or its application or termination, then we agree that we will attempt to resolve our dispute informally by means of joint co-operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as we may agree to.  

In the event we are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.  Arbitration proceedings shall take place in Cape Town.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause.  We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process. 

Any award that may be made by the arbitrator -

  1. shall be final and binding;
  2. will be carried into effect; and
  3. may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

 

GOVERNING LAW AND JURISDICTION

This website is controlled and maintained from our facilities in the Western Cape Province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern this website and these terms of use.

You consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in respect of disputes which may arise out of your access to this website and these terms of use.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court.

 

LEGAL SERVICE OF DOCUMENTS AND NOTICES

We choose the addresses below for all communication purposes under these terms of use, whether in respect of court process, notices or other documents or communications of whatsoever nature.

 

WE MAY MONITOR YOUR COMMUNICATIONS

Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using this website and/or to our staff and/or employees.

You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

 

SEVERABILITY

Any provision in these terms of use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these terms of use, without invalidating the remaining provisions of these terms of use.

 

TERMINATION

If you breach any of these terms of use, we may immediately, automatically and without notice to you, terminate your use of and access to our website, and/or prohibit your future access to use of our website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

 

DISCLOSURES REQUIRED BY THE ECT ACT

Access to the content on or through this website and this website itself are classified as "electronic transactions" in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:

Our full name and legal status:   Naspers Limited, a public company incorporated under the laws of the Republic of South Africa. Registration number:  1925/001431/06
Street address:   40 Heerengracht, Cape Town, 8000
Postal address:   PO Box 2271, Cape Town, 8000
Physical address for receipt of legal service:   11 Adderley Street, Cape Town, 8001
Main business:   Naspers is a multinational media company with principal operations in internet platforms, pay-television and the provision of related technologies and print media.
Website address:   http://www.naspers.com
Official email address:   info@remembered.co.za
Membership of self-regulatory or accreditation bodies:   None
Codes of conduct to which we subscribe:   None
Governing terms of use:   These terms of use.
Manual in terms of the Promotion of Access to Information Act 2 of 2000:   Our Promotion of Access to Information Act manual can be found here.
Management:   Details of our management team can be found here.
Costs associated with the access to and use of this website:   Costs are detailed on this website.
Dispute resolution:   See above.
Cooling off period:   7 Days
Complaints process:   See clause above.

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