Terms and Conditions of Use
It is important to note that the use of THE PLATFORMS is subject to the terms and conditions of use set out below. By using THE PLATFORMS, you agree to observe all terms & conditions of use, including any privacy or other policies which may appear elsewhere on THE PLATFORMS. If you do not agree with any term of these Terms and Conditions, you must cease your access of THE PLATFORMS immediately.
1.Definitions and Interpretation
1.1.“Platforms” means TOPCO’s website at URL https://topco.co.za/ (including subdomains) or such other URL as TOPCO may choose from time to time as well as all of TOPCO’s websites, mobile sites, mobile applications, emails or any other technology or service you use to access TOPCO’s services.
1.2.“TOPCO” means Top Media and Communications (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2011/105655/07, and also includes reference to our holding company and its subsidiaries.
1.3.“You” or the “user” means any person who accesses the Platforms for any purpose.
2.Use Subject to these Terms and Conditions
2.1.Your use of and access to the Platforms is at all times governed by the terms of these terms and conditions, and by accessing the Platforms you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed the Platforms.
2.2.If you do not agree to these terms and conditions, you must cease your access of the Platforms immediately.
2.4.Please note that, due to legal and other developments, TOPCO may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
3.1.All information viewed or accessed from the Platforms are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
3.2.All material included in the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
3.3.You should not act or refrain from acting on the information contained in the Platforms without first verifying the information and as necessary obtaining legal and/or professional advice.
3.4.The contents of the Website should under no circumstances be seen as a quotation or invitation to do business.
3.5.Any use of or reliance on the Platforms, the contents of the Platforms or the information provided through the Platforms will be at your sole risk. TOPCO makes no representations or warranties whatsoever as to the accuracy of the information contained in the Platforms.
3.6.TOPCO does not warrant that the Platforms or the delivery, hosting and ancillary services or facilities of third-party suppliers utilised by TOPCO will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of the Platforms.
4.Third Party Sites
4.1.The Website contains hyperlinks to websites owned and / or operated by third parties. TOPCO is not responsible for the content of such websites, and does not endorse or approve the contents thereof.
4.2.TOPCO consequently does not accept any liability in connection with any third party websites that may be linked to the Platforms (regardless of whether or not a link has been permitted by TOPCO) and is not responsible for the content of any website that is linked to the Platforms. The fact that a website is linked to the Platforms does not imply that TOPCO sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
5.1.Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in the Platforms is owned by TOPCO, which asserts and reserves all of its rights in this regard. Access to or use of the Platforms will not in any way result in an assignment or license of any intellectual property owned by TOPCO or any other party.
5.2.The contents of the Platforms may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of TOPCO. However, TOPCO permits you to display the content of the Platforms on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on the Platforms provided that:
5.2.1.you do not modify the content of this material;
5.2.2.TOPCO Website is the acknowledged source including the reference https://topco.co.za/; and
5.2.3.this permission may be revoked at any time by TOPCO.
5.3.No other use of the Platforms is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Platforms, include the content of the Platforms in or with any product that you create or distribute, or copy the content of the Platforms onto your own or another’s website, unless as set out in these terms and conditions.
6.Linking, Framing and Crawling
6.1.The express permission in writing of TOPCO is required before any hyperlink other than to the Home Page of the Platforms is created. Permission, if granted, will be subject to the condition that the party linking to the Platforms alerts users to the application of these terms and conditions. Requests for permission can be emailed to firstname.lastname@example.org.
6.2.Permission to link to the Platforms is given without assumption of any liability. TOPCO reserves the right to withdraw permission granted to link to the Platforms at any time and for any reason.
6.3.The express permission in writing of TOPCO, which may be subject to conditions, is required before the Platforms, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to email@example.com.
6.4.Apart from bona-fide search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of TOPCO.
7.1.TOPCO will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to the Platforms or attempts to gain unauthorized access to any page on the Platforms.
7.2.While TOPCO takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of the Platforms or by destructive data or code that is passed on to you through the use of the Platforms.
9.Disclaimer and Indemnity
9.1.TOPCO expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use the Platforms whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and TOPCO had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
9.2.You agree to indemnify and hold harmless TOPCO, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to the Platforms.
10.1.These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and TOPCO both agree to submit any dispute arising out of the use of the Platforms to the exclusive jurisdiction of the courts of the Republic of South Africa.
11.1.These terms and conditions contain the record of the entire agreement between users and TOPCO in respect of access to and use of the Website.
11.2.If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
11.3.TOPCO’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by TOPCO in writing.
11.4.Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
The following words and phrases have these meanings in this document:
- “Personal Information” is as defined in POPI.
- “Platforms” means TOPCO’s website at URL https://topco.co.za/ (including subdomains) or such other URL as TOPCO may choose from time to time as well as all of TOPCO’s websites, mobile sites, mobile applications, emails or any other technology or service you use to access TOPCO’s services.
- “POPI” means the Protection of Personal Information Act 4 of 2013.
- “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
- “Services” means any services available for use on the Platforms or provided by TOPCO.
- “Us”, “we”, or “our” means Top Media and Communications (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2011/105655/07, and also includes reference to our holding company and its subsidiaries.
- “You” or the “user” means any person who accesses the Platforms for any purpose.
- Status and Amendments
- If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your information. Please note, we may check that your parent or guardian has given you permission to use our Platforms and/or give us your Personal Information and may ask you for their contact details to contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian.
- Privacy: Casual Surfing
- You may visit the Platforms without providing any Personal Information. The Platforms’ servers may in such instances collect the IP address of your computer or device, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Platforms, pages viewed, etc. We use this information to determine use of the Platforms, and to improve content thereon. We assume no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
- Collection of Personal Information
- When you register for an event or sign up to use any of our Services or if you access and use any of the Platforms, we collect Personal Information about you, including information that directly or indirectly identifies you if you choose to share it with us. You consent to us processing your Personal Information as set out herein.
- We will only collect Personal Information for a purpose consistent with the purpose for which it is required. We collect the following information:
- your name and surname;
- your email address;
- mobile phone number;
- location information;
- your contact details;
- your username;
- your password;
- physical or postal address;
- information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Platforms or use our Products or Services, including device and network information, cookies and analytics information; and
- in certain circumstances (provided you have explicitly consented to us collecting and processing this Personal Information) your race or ethnic origin; gender; age; religious or philosophical beliefs; financial, health or biometric information; culture; language; education or employment history.
- Should your Personal Information change at any point, please contact us and provide us with such updates as soon as reasonably possible.
- We may allow you to sign up and log in to the Platforms using third-party services and social media applications, such as Gmail, Facebook, Twitter, LinkedIn and Instagram. If you access the Platforms with third-party accounts, we will collect information you have agreed to make available such as your name, email address, profile information and preferences with the third-party account.
- Use and Processing of Personal Information
- We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed. That purpose will be compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
- We will not, without your express consent, use your Personal Information for any purpose other than as set out below.
- We use the information we collect to:
- identify you, verify your identity, create a user account for you and enter into a contract with you if applicable;
- provide you with access to the Platforms;
- allow you to create an account on the Platforms;
- present certain material set out on the Platforms to you;
- as necessary to provide our Services and pursuant to our Terms and Conditions and the relevant agreement you entered into with us to use such Services;
- allow you to submit requests through the Platforms;
- communicate with you as necessary;
- inform you of new features, special offers and promotional competitions (unless you have opted out from receiving marketing material from us);
- improve the Platforms;
- get feedback from you which we need to develop our Services and grow our business;
- personalise your interactions with our Platforms, tailor our Services and Platforms to your interests and needs, and ensure they work on your device;
- provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms based on your online activities such as the websites and apps you use or content you view, and information we have about you;
- where necessary to comply with any legal obligation; and
- process as described elsewhere in this clause.
- YOU EXPRESSLY AGREE THAT WE MAY USE PERSONAL INFORMATION COLLECTED TO COMPILE PROFILES FOR STATISTICAL PURPOSES AND TRADE IN THESE PROFILES. WE MAY DE-IDENTIFY (ANONYMISE) AND THEN RETAIN AND USE YOUR PERSONAL INFORMATION FOR OUR OWN INTERNAL PURPOSES AND IN ORDER TO PROVIDE MARKET ANALYSIS AND RELATED SERVICES TO THIRD PARTIES. NO INFORMATION CONTAINED IN THE PROFILES OR STATISTICS WILL BE ABLE TO BE LINKED TO ANY SPECIFIC USER.
- You have the right to ask us not to contact you for marketing purposes, and you can do this at any time by using any of the various “opt out” options that we always provide you with when we send you marketing communications.
- You may, at any time, access your Personal Information which we hold. You may also correct your personal information held by us, should the need arise. You may also, at any time, lodge an objection with us regarding our collection and use of your Personal Information. In this regard, you may send an email to firstname.lastname@example.org.
- Third Parties
- We will not disclose any Personal Information relating to you to any third-party unless your prior written agreement is obtained, or we are required to do so by law.
- You agree that we may disclose your Personal Information to our employees, affiliates and/or third-party service providers who assist us to interact with you and to provide our Services.
- If we outsource any Services to a third-party that require the collection or use of your Personal Information, we put in place contracts that require these companies or people to respect the security of your Personal Information, treat it in accordance with the law, and collect and use it only for the purposes authorised by us.
- You also expressly agree that should you register for any event, enter into a competition or use our Services for which we have a corporate or other sponsor, we may share and disclose your Personal Information collected for the specific event, competition or Service with such sponsor and where the provision of your information is a condition for entry to the competition, or where you express your interest in a service about which you would like more information.
- Destruction of Personal Information
- We will delete all Personal Information, insofar as it relates to you when it receives a written instruction from you to do so unless we are obliged by law or under our obligations to you to retain such information.
- We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
- Collection of anonymous data
- We may utilise temporary or session cookies. A cookie is a small text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
- We utilise first and third-party cookies. This enables us to improve your experience on the Platforms through various means such as storing preferences (like keeping you logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and to provide more relevant display advertising to users who have visited the Platforms, using third party tools such as the Google Analytics Remarketing.
- This allows us to track your use of the Platforms.
- Cookies by themselves will not be used to personally identify users but we may use them to compile de-identified statistics relating to use of or feedback on the performance of the Platforms.
- The following classes of information may be collected in respect of users who have enabled cookies:
- The browser software used;
- IP address;
- Date and time of activities while visiting the Platforms;
- URLs of internal pages visited; and
- referring websites, search engines and the like.
- We are committed to providing you choices to manage your privacy and sharing.
- If you do not wish cookies to be employed to customize your interaction with the Platforms, it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Platforms may not be available. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because some of the Platforms’ features utilise cookies, we recommend that users do not block them.
- Links to other Websites
- We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by the Platforms from loss, misuse, unauthorised disclosure, alteration or destruction.
- We will secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent:
- loss of, damage to or unauthorised destruction of Personal Information; and
- unlawful access to or processing of Personal Information.
- We will take reasonable measures to:
- identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under our control;
- establish and maintain appropriate safeguards against the risks identified;
- regularly verify that the safeguards are effectively implemented; and
- ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
- We endeavour to protect your Personal Information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and we cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
- EU Members’ Rights
- If you normally live in the European Union (“EU”), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
- you can access your information by logging into your account and can rectify, restrict, limit or delete your information, or contact us to do so;
- if we Process your information as set out above, you can object to this Processing in certain circumstances;
- if you have given us consent to Process information, you have the right to withdraw your consent at any time; and
- if you have a concern about our use of your information, you have the right to raise such concern with your local supervisory authority.
- Transfer of Personal Information
- Our Platforms and Services are operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use the Platforms and Services, or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the RSA, as it is necessary, and the RSA’s privacy laws may not be as protective as those in your jurisdiction.
- If you are a resident of the EU, we are the controller of your personal data for the purposes of EU data protection law.
- We will not transfer your Personal Information or any portion of it to any third party for any reason without your prior written consent, except to the extent that we use third party service providers to host its database, subject to the provisions of clause 10 (Security).
- We may use hosting or cloud services to operate the Platforms and Services and store our data which are not located in the RSA. If we do so, we will ensure that the level of protection given to your Personal Information is at least as good as that provided for under RSA Law, either by means of a binding contract with the service provider, or by using a service provider located in a country with privacy laws of similar or stronger effect.