TERMS AND CONDITIONS GOVERNING ACCESS TO AND USE OF THIS WEBSITE, ITS CONTENT AND FEATURES
1 PARTIES AND USER ACCESS
1.1 The parties to this agreement are you the user (“You”) and the owners of the website www.webershandwick.co.za (the “Website”), being Weber Shandwick, a division of the Umlingani Group Proprietary Limited, registration number: 1982/006850/07 (“Weber Shandwick” or “us” or “we”).
1.2 The Website is provided by Weber Shandwick in respect of its Africa agency operations outside of North Africa. Weber Shandwick is an agency of The Interpublic Group of Companies, Inc. (NYSE:IPG).
1.3 Your use of and access to the Website will at all times be governed by the provisions of these Terms and Conditions and by using and/or accessing the Website You accept fully all these Terms and Conditions and agree to be bound by and comply fully therewith.
1.4 If You do not wish to be bound by and comply with these Terms and Conditions in full, please do not access and use the Website.
1.5 Certain areas, content, or services on the Website, or links to it, might be intended for persons of 18 and above. If You are a minor you may not use or access these and if You are the adult responsible for a minor, You shall not allow such use or access by the minor for whom You are responsible.
2 OUR GENERAL TERMS AND ACCEPTABLE USE POLICY
2.1 You agree to adhere to generally acceptable user etiquette when accessing or using the Website. Wherever we refer to the access to or use of the Website it includes use of or access to any software, services, features or facilities on the Website. Any reference to “Website” in these Terms and Conditions shall include all Weber Shandwick social media sites, including Facebook and Twitter sites and any other service or site owned by Weber Shandwick with a link to these Terms and Conditions or the Website.
2.2 You may link to our home page only, provided You do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Where You are entitled by express agreement with us to suggest an association, approval or endorsement, You must only act in accordance with the terms of that agreement and these Terms and Conditions shall apply mutatis mutandis to any such agreement. You must not link us to any unlawful, pornographic, offensive, or otherwise objectionable content. You must not remove or obscure by framing or otherwise, any information published on the Website. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
3 COPYRIGHT AND TRADE MARKS
3.1 Your access to the Website and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of Weber Shandwick or any other person in respect of data or information displayed or accessible from the Website (the “Material”) or in any of the trademarks, copyright, designs, patents, domain names, know-how, confidential information, trade secrets or any other intellectual property rights which may vest in Weber Shandwick or in the author, compiler, creator or licensor of the Material.
3.2 We expressly reserve all rights in and to the Weber Shandwick name, the Weber Shandwick logo, the “Engaging Always” tagline, the domain name www.webershandwick.co.za and all related and sub domains and all other of our names, marks, taglines, or those relating to our products and services including without limitation “Mediaco”, “Science of Engagement” and “FireBell”.
3.3 All Weber Shandwick’s trademarks, logos, brands, domain names and other marks and intellectual property relating to accessible from, or occurring on the Website, or any Material contained or accessible from the Website shall remain the sole and exclusive property of Weber Shandwick and the relevant authors, owners or licensors thereof (“Proprietors”) and You undertake not to use, disseminate, or otherwise deal with such intellectual property without Weber Shandwick’s or the relevant Proprietor’s written approval.
3.4 Copyright and all other intellectual property rights associated with the Material available or accessible from the Website including video and audio clips, news links and articles is owned by Weber Shandwick or the relevant Proprietors thereof. Copyright laws and treaties around the world protect the copyright and all other intellectual property rights associated with the Material.
3.5 You may only use information and Material retrieved, viewed, downloaded or otherwise obtained by viewing the Website, for Your own personal and non-commercial use and such information and/or Material and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties unless the prior written consent of Weber Shandwick and the Proprietors have been obtained and an appropriate acknowledgement is given to Weber Shandwick.
3.6 You undertake not to change or delete any proprietary notices contained or displayed in any Material, data or information downloaded or otherwise retrieved from the Website.
3.7 Under no circumstances must You attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the Material, software material, information or content viewed, downloaded or otherwise retrieved from the Website.
3.8 If You print off, copy or download any part of the Website in breach of these Terms and Conditions, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the Materials You have made.
4 CONTENT AND USE OF SERVICES
4.1 The content on the Website is presented largely for information purposes only and nothing contained in the Website is intended to be instructional or constitute advice of any kind unless this is clearly stated. Where advice is given (including advice provided during online communications) please do not place complete reliance on such advice but verify this for Yourself. We cannot guarantee that such advice is or will be useful, correct or will work for You. Advice given by third parties on the Website is not to be attributable to Weber Shandwick in any way.
4.2 All information viewed or services used or accessed from the Website are provided “as is” without any warranty, whether express or implied unless, this is specifically imposed by law.
4.3 Save to the extent expressly otherwise provided for, any services used or accessed from the Website are available for Your personal, non-commercial use only. You are solely responsible for Your interactions with other users. We have no obligation to monitor or resolve disputes between You and other users.
4.4 If applicable, you are solely responsible for all User Generated Content which You upload, post, publish or otherwise make available or allow to be made available on the Website. For purposes of these Terms and Conditions, User Generated Content shall mean information or content of any type or medium, including but not limited to messages, personal user information, cheat codes, comments, reviews, audio and video files, blogs, chats, forums, game ratings, data, poll votes, images, competition entries, software and other forms of communication transmitted through or uploaded to the Website, or stored on our servers or to which You permit third parties to have access to.
4.5 You may only upload User Generated Content, which You own, have created or which You have clear permission to upload (and to license to us in terms of clause 4.8 below) and does not require any further substantiation.
4.6 Weber Shandwick does not endorse, is not responsible or liable for any User Generated Content even though it may be unlawful, harmful, harassing, libellous, privacy invading, abusive, threatening, vulgar, obscene or otherwise objectionable or may infringe the intellectual property or any other rights of another.
4.7 Weber Shandwick does not review any User Generated Content prior to it being uploaded and has no obligation to do so but it has the right in its sole discretion to refuse, edit, move or remove any User Generated Content posted on or through the Website. Weber Shandwick shall also have the right to disclose the User Generated Content or take action as required by law or regulation.
4.8 You hereby irrevocably grant Weber Shandwick and its affiliates, a worldwide, royalty-free, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Website such User Generated Content, in whole or in part and to incorporate the User Generated Content into other works in any format now known or hereinafter devised in perpetuity.
4.9 You warrant that any User Generated Content uploaded, made available or transmitted by You, or Weber Shandwick’s use of it, will not infringe the Intellectual Property Rights of any person and that You have the right to grant the license under clause 4.8 above.
5 LINKS AND ADVERTISING
5.1 Weber Shandwick provides links to websites, web pages and other electronically accessible sites or services, which are operated by third parties. Please use discretion when accessing such links. Links do not imply that we or the Website is affiliated to or associated with such sites.
5.3 The Website may contain advertisements, advertorials and other promotional content. This may include banners, pop-up windows, buttons, links and advertising sponsorships. Unless specifically otherwise indicated, Weber Shandwick does not endorse any product whose services may be advertised or promoted on the Website nor does Weber Shandwick make any representation or give any warranty in regard to the content, accuracy, suitability or fitness for purpose of any material, information or data contained in or linked to any advertisement on the Website.
6 INFORMATION AND SECURITY
6.1 You undertake to ensure and warrant to Weber Shandwick that all information, documentation, data and material provided or transmitted to Weber Shandwick via or on the Website or through any software, services, features or facilities on the Website will be accurate, truthful and current and You will be solely responsible for the content of such information, documentation, data and material.
6.2 In the event that You have chosen or been provided with a user name and/or password to access any part of the Website, or any software, services, features or facilities on the Website You are responsible to ensure the safeguarding and confidentiality of such user name and password. We will be entitled to presume that it is You when Your user name and password is used unless You have immediately notified Weber Shandwick in writing if You have any reason to believe that the confidentiality of Your user name and password may have been compromised.
6.3 We do not gather, define or use individual personal information, such as Your name, email address, address and other contact details (“Personal Information”) through the Website, unless You choose to send us such information in connection with a query.
6.4 If You choose to correspond with us via the Website, You consent to us retaining and/or sharing the content of Your correspondence for the purpose of responding to Your query.
7 WEBSITE USE INFORMATION AND “COOKIES”
7.2 Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. By using the website you agree to being tracked by Google Analytics across all websites.
7.3 To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
8 VIRUSES, HACKING AND OTHER OFFENCES
8.1 You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8.2 By breaching the provisions of clause 8.1, You may be committing a criminal offence under the Electronic Communications and Transactions Act, 25 of 2002 (so amended) or such other applicable law (whether statutory or common law) applicable in South Africa. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
8.3 To the maximum extent permissible by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on it, or on any website linked to it.
9 INDEMNITY AND DISCLAIMER
9.1 You hereby unconditionally and irrevocably indemnify Weber Shandwick and hold Weber Shandwick harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Weber Shandwick as a result of any claim instituted against Weber Shandwick by a third party (other than You) as a result of (without limitation):
9.1.1 Your access to or use of the Website, any software, services, products, features or facilities offered on this website in a manner other than as allowed or prescribed; or
9.1.2 any infringement by You of the Intellectual Property Rights of any third party; or
9.1.3 any contravention by You of these Terms and Conditions; or
9.1.4 any other cause whatsoever relating to Your access to or use of the Website, any software, products, services, features or facilities offered on the Website where You have acted wrongfully or failed to act when You had a duty to so act.
9.2 Save to the extent otherwise provided for in these Terms and Conditions, any other agreement applicable or where You are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, Weber Shandwick does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any software, services, features or facilities offered on the Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take Your own precautions in this respect.
9.3 Weber Shandwick shall not be liable for and You will have no claim of whatsoever nature against Weber Shandwick as a result of –
9.3.1 the loss of or access to any usernames or passwords;
9.3.2 any unavailability of, or interruption of access to or use of the Website or any software, services, features or facilities offered on the Website; and
9.3.3 any suspension or termination of Your access to or use of the Website or any software, services, features or facilities offered on the Website.
9.4 In addition to and without prejudice to any other limitations of liability provided for in these Terms and Conditions or any other agreement and to the fullest extent permitted by applicable law, Weber Shandwick shall not be liable to You for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to these Terms and Conditions, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Weber Shandwick is liable to you for any damages, Weber Shandwick’s liability to You for any damages howsoever arising shall be limited to the sum of R1, 000.00.
10 ONLINE COMMUNICATIONS
10.1 Where You engage or participate in any online communications such as live chat, chat forums, discussion boards, and the like, such access and participation is, in addition to being subject to the Terms and Conditions set out above, subject to the following:
10.1.1 You must be at least 18 years old to access, participate in and use such service;
10.1.2 any information transmitted by You in a public forum is transmitted in an unencrypted manner to an open, public forum, and is not confidential. Your communications may be intercepted, monitored and recorded so no privacy is guaranteed. Accordingly please refrain from furnishing or providing personal or sensitive information wherever possible;
10.1.3 the use of any software relating to such online communication will be subject to any licence conditions applicable to the use of such software;
10.1.4 You must be properly and legally authorised to provide all consents and permissions required or requested;
10.1.5 please ensure that when a software application is being used to facilitate such communication that You are able to install and use such software application and that it does not conflict with and is compatible with any of your other software and/or hardware;
10.1.6 in the case of any online chat session please ensure that You close the application immediately after the end of the session;
10.1.7 You must ensure that You do not use any open public forum, in any way which could reasonably be interpreted as offensive by other users or which may interfere with the enjoyment of other users, even if Your actions may be lawful.
Weber Shandwick reserves the right to take any action which it may consider appropriate in the circumstances to prevent or mitigate or recover losses or damages arising from the non-compliance with these Terms and Conditions and any liability or inconvenience whether perceived or otherwise for Weber Shandwick or its customers, suppliers or advertisers or otherwise cause Weber Shandwick to lose or suffer any inconvenience, harm or damages in any proprietary interest or goodwill or which may adversely affect access to or use of the Website or any of the software, services, features or facilities offered on the Website.
12 LAW TO APPLY
The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa. The South Gauteng division of the High Court shall have exclusive jurisdiction over any claim arising from or related to this Website.
13.1 Weber Shandwick reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on the Website or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
13.2 Weber Shandwick may modify these Terms and Conditions at any time and such modification shall be effective immediately on the posting of such amendment or modification on the Website.
13.3 It is Your responsibility to regularly ensure that You are aware of any modifications and/or updates or changes. If You continue to use the Website after changes are made, You will be deemed to have accepted such changes. If You do not agree to such changes, You should not continue to use the Website.
In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms, which shall continue to be valid and enforceable.
15 CONTACT US
15.1 If You have any concerns or queries about Material which appears on our Website please contact: email@example.com.
15.2 Our postal address for correspondence is Weber Shandwick, 164 Katharine Street, Sandown, Johannesburg South Africa. Correspondence should be marked for the attention of Jill Hamilton.