WEBSITE TERMS OF USE – Effective from 12 MAY 2019:

 

  1. Website terms of use

1.1 These terms of use (“the Terms”) govern your (“the User’s”) use of the Successful Woman Magazine

website, operated by Brains Empowerment (Pty) Ltd, and located at the domain name www.successfulwomanmag.com (“the Website”)and/or any applications (including mobile applications). By accessing and using the Website, the User agrees to be bound by the Terms set out herein. If the User does not wish to be bound by these Terms, the User shall immediately cease all use and refrain from further accessing the Website.

  1. Updating of these Terms

2.1 Brains Empowerment may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Brains Empowerment will notify the User of the changes by posting a prominent notice on the Website for a minimum of 10 (ten) days after the changes have become effective. The User’s continued use of this Website following the posting of changes or updates will be deemed to constitute acceptance by the User of the amended or updated Terms.

  1. Content of the Website

3.1 While Brains Empowerment makes every effort to update the information on the Website on a regular

basis, Brains Empowerment makes no representations or warranties, express or implied, as to the accuracy, completeness or reliability of any information, data and/or content shown on the Website.

3.2 The content expressed on this Website is of a general informative nature and should not be regarded as any advice whatsoever. Before acting on the opinion and ideas expressed on this Website the User is encouraged to seek the appropriate advice from a qualified professional.

3.3 Through the Website, Brains Empowerment provides the User with access to various resources, including, without limitation, download areas, communication forums and product information.

  1. Use of the Website and indemnification

4.1 The User will use the Website for lawful purposes only. The User will not post, nor transmit through

the Website, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or which, without Associated Media’s express approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that, in

Brains Empowerment’s sole and absolute discretion restricts or inhibits any other User from using or enjoying the Website will result in such User immediately being restricted from further use of or access to the Website. The User may not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of any organisation, media or other online competitors of Associated Media.

4.2 Through accessing this Website, the User represents and warrants that he/she is legally entitled to

agree to these Terms. If the User subscribes to any of Associated Media’s product offerings and/or services then, and in such circumstances, the User warrants and represents that he/she is legally authorised and entitled to subscribe for such product offerings and/or services.

4.3 The User hereby indemnifies Brains Empowermentagainst any loss, liability, damage or expense of

any nature whatsoever which Brains Empowermentor any of its affiliates may suffer as a result of the

breach of any warranty provided by the User to Brains Empowermentor the User’s breach of the

Terms contained herein.

4.4 Brains Empowerment reserves the right to modify, withdraw and/or deny the User’s access to this

Website by any means whatsoever and at Associated Media’s sole and absolute discretion.

  1. Use of the Website Communication Services

5.1 The Website services may include, without limitation, email, bulletin services, chat areas, news

groups, forums, communities, personal pages, calendars, photo albums, file cabinets and/or other

message or communication facilities designed to enable the User to communicate with other users (individually “the Communication Service” and, collectively, “the Communication Services”). The

User agrees to use the Communication Services solely for the purpose of posting, sending and receiving messages and material relating to the Website and the products and services detailed thereon. The User will not, without limitation:

5.1.1 use the Communication Services to promote or conduct surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative or unsolicited messages, advertise or offer to buy or sell any goods or services; whether of a commercial nature or otherwise;

5.1.2 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other users of the Website;

5.1.3 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material of any nature whatsoever;

5.1.4 upload or otherwise make available files that contain images, photographs, software or any other material protected by intellectual property laws unless the owner, author and/or licensee, as the case may be, has consented to the publishing of such intellectual property on the Website, subject to these Terms;

5.1.5 upload any files which contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar software or programs that may damage the operation of a user of the Website’s computer, mobile device or similar device in any way whatsoever (including that of Brains Empowerment);

5.1.6 download any file posted by another user on the Communication Services that the User knows or should reasonably have known cannot be legally reproduced, displayed, performed and/or distributed in such manner;

5.1.7 falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in uploaded files;

5.1.8 restrict or inhibit any other user from using the Communication Services;

5.1.9 violate any code of conduct or other guidelines which may, in addition hereto, be applicable

to a particular Communication Service;

5.1.10 harvest or otherwise collect any information about another user;

5.1.11 violate any applicable laws and/or regulations; or

5.1.12 create a false identity for the purposes of misleading Brains Empowerment and/or any other

user/s.

5.2 Brains Empowerment has no obligation to monitor the Communication Services. Associated Media

reserves the right to review material posted on any of the Communication Services and to remove any materials, without providing reasons and in its sole and absolute discretion. Furthermore, Brains Empowerment reserves the right to terminate the User’s access to any or all of the

Communication Services at any time, without notice or providing reasons for such termination.

5.3 Materials uploaded on the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations if theUser downloads or copies such material.

5.4 Brains Empowerment does not control and/or endorse in any way whatsoever the material posted on the Communication Services and Brains Empowerment disclaims any liability arising therefrom. The

managers and/or hosts are not authorised spokespersons of Brains Empowerment and their views do not necessarily reflect those of Associated Media.

5.5 By posting, uploading, inputting, providing and/or submitting (“Posting”) the User’s materials on the

Website, the User grants to Associated Media, its affiliates companies and sub-licensees and other

users permission to use such materials including, without limitation, to copy, transmit, distribute,

transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the User’s

material submission to the Website. This furthermore includes the right to publish the User’s name

in connection with the User’s material submission and the right to sub-license such rights to any

third party.

5.6 By Posting on the Website any images, photographs, pictures or other material that is otherwise of

a graphical nature in whole or in part, the User warrants and represents that:

5.6.1 the User is the copyright owner of such images or that the copyright owner of such images

has granted the User permission to make use of such images consistent with the manner

and purpose of the User’s use and as otherwise permitted in terms of these Terms; and

5.6.2 the User has the rights necessary to grant the licenses and sublicenses described in these

Terms.

  1. User account and password

6.1 If any of the Communication Services and/or any of the products or services offered by Associated

Media requires the User to open an account, then the User must complete the registration process

on the Website. The User warrants in such circumstances that the information provided is

complete and accurate in all respects as at the date of registration.

6.2 The User will be required to choose a user name and password, which may be amended by

Brains Empowerment where a user name is not available for any reason.

6.3 The User is responsible for maintaining the confidentiality of the User’s password and account and

is responsible for all activity that occurs on the User’s account. The User will notify Associated

Media immediately of any unauthorised use of a User’s account or any breach in respect thereto.

Brains Empowerment will not be responsible for any loss that may occur as a result of a third-party

breach by any means whatsoever, either with or without the User’s knowledge or consent. The

User shall remain liable to Associated Media, or any other affected third party, due to a breach of

the User’s account by a third party.

  1. Software available on the Website

7.1 Any software that is made available to download from the Website (“Software”) is, and shall

remain, the intellectual property of Brains Empowerment and/or its suppliers. Use of the Software is

governed by the terms of the end user license agreement, if any, which accompanies or is included

with the Software (“License Agreement”). The User will be unable to install any Software that is

accompanied by a License Agreement, unless the User agrees to the terms thereof.

7.2 Save as provided for in the License Agreement, and where applicable, the Consumer Protection

Act of 2008, as amended, Brains Empowerment does not provide any warranties relating to the

Software, including the merchantability, fitness for a particular purpose, title or non-infringement.

7.3 Brains Empowerment may make available for use and/or download, tools and/or utilities. Associated

Media does not make any assurances with regard to the accuracy of the results or output derived

from the use of any such tool or utility.

  1. Software, documents and Communication Services available on the Website

8.1 In no way whatsoever will Brains Empowerment and/or its respective service providers be liable for any special, direct or indirect, consequential damages or any damages whatsoever resulting from the loss, use, data or profits, whether in an action of contract, negligence or other delictual action, arising out of or in connection with the use or performance of the Website, Software, documents, information, provision of or failure to provide services or information.

  1. Copyright and intellectual property rights

9.1 Brains Empowerment provides certain information on the Website. Content displayed on the Website,

including the Brains Empowerment name and logo, or provided in email format, is provided by

Associated Media, its affiliates or subsidiaries, or any other third-party owners of the content (“the

Content”). All the proprietary works, and the compilation of the proprietary works, belong to

Associated Media, its affiliates or subsidiaries, or any third-party owners of the rights (“the

Owners”), and the content is protected by South African and international copyright laws.

9.2 Brains Empowerment may make changes to the Website, the Content, or to products or services

offered through the Website at any time and without notice to the User. All rights in and to the

Content is reserved and retained by the Owners. Except as specified in these Terms, the User is

not granted a license or any other right, including in terms of intellectual property rights, in or to the

Content or otherwise.

  1. Limited license to Users

11.1 Brains Empowerment grants to the User a non-exclusive, non-transferable, limited and revocable right

to access, display, use, download and otherwise copy the current and future Content for personal,

non-commercial and information purposes only.

11.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial

purpose, without the express prior written consent of Brains Empowerment.

11.3 The license does not allow the User to collect product or service listings, descriptions or other

information displayed here, and does not allow any derivative (copied or derived) use of the Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content, without the express prior written consent of Brains Empowerment.

11.4 Brains Empowerment and the Owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit Content in their sole and absolute discretion.

11.5 Any unauthorised use of the Website will automatically terminate the license contained in this

paragraph 11.

  1. Permission to link to the Website

12.1 The User may not establish a hyperlink, frame, meta-tag or any such similar reference, whether

electronically or otherwise, to the Website or any subsidiary pages, without first obtaining the prior

written approval of Brains Empowerment. Brains Empowerment reserves the right to withhold such

approval or grant such approval in its sole and absolute discretion.

  1. Crawlers and spiders

13.1 The User may not use any technology whatsoever to search and/or gain information from the

Website and/or Brains Empowerment, without Brains Empowerment’s prior written approval.

13.2 Information transmitted over the internet is susceptible to monitoring and interception by third

parties. The User bears the sole and absolute risk of transmitting information in this manner.

Brains Empowerment will not be liable for any loss, harm and/or damages suffered by the User as a

result of transmitting information of any nature whatsoever to Brains Empowerment through the

Website or otherwise.

13.3 The confidentiality of any unsolicited confidential or proprietary information sent to Associated

Media over the internet cannot be guaranteed by Brains Empowerment. If the User requires any confidential or proprietary information to be sent to Brains Empowerment, then the User may contact

Brains Empowerment and Brains Empowerment shall advise the User of the most appropriate method by which to transmit such information.

13.4 The Website is made available for public viewing on the basis that Brains Empowerment excludes, to the extent lawfully permitted, all liability of whatsoever nature for any loss, harm and/or damage

howsoever arising out of the use of the Website or reliance placed upon the content of the Website.

  1. Third party links

14.1 The Website may, from time to time, include links to third party websites. It is hereby recorded that

these links are provided in order to enhance certain featured content on the Website. These links

are not intended to signify that the supplier endorses or otherwise has any responsibility for the

content of the linked third party website. Use of these third party links are at the User’s sole and

absolute discretion and risk.

14.2 Brains Empowermentdoes not endorse or approve, whether express or implied, any third party’s

advice, opinion, information or otherwise of any nature whatsoever.

  1. No contractual relationship

15.1 Save for these Terms and the Privacy Policy, nothing in the Website is intended to be nor should

be construed as a contractual relationship between Brains Empowermentand the User.

  1. Applicable law

16.1 Use of the Website and/or any dispute arising in relation thereto shall be subject to the laws of the

Republic of South Africa and the User agrees to be bound to the exclusive jurisdiction of the courts

of the Republic of South Africa. The party against whom legal proceedings are instituted shall be liable to the aggrieved party for any and all costs occasioned in respect of any legal proceedings so instituted by the aggrieved party on the scale as between attorney and client, including collection commission, if any.

  1. Privacy Policy

17.1 A full Privacy Policy document may be accessed here.

17.2 We will not use your information for any other purpose but to render necessary and specifically

requested services to you. This information will never be disseminated to third parties, whether for

profit or otherwise.

  1. Email Communications

18.1 All email communications from Brains Empowermentare intended for the addressee only, are

privileged and confidential in nature and any unauthorised dissemination or copying of any such communications or the information contained therein is strictly prohibited.