WEBSITE PRIVACY POLICY

Africa Business News Proprietary Limited, registration number 2008/002769/07 (“ABN” or “we” or “us”) shares your concern about the protection of your personal information online. This is our website privacy policy (“Privacy Policy” or “Policy”) is intended to inform Data Subjects about how we Processes their Personal Information. Please note that this Privacy Policy may change from time-to-time And. if changed, we will post an updated Privacy Policy on this page. The current version of this Privacy Policy will govern the respective rights and obligations between you and ABN each time that you access and use our Site.

This Privacy Policy describes, inter alia, the types of information we collect from you, what we do with it, with whom we share it, and how you can correct or change such information, in line with the laws and regulations that ABN is required to comply with, including but not limited to the Promotion of Access to information Act No. 2 of 2000 and the Protection of Personal Information Act No. 4 of 2013 (“Applicable Laws”). It is your responsibility to review this Privacy Policy carefully, especially before providing any personal information to us including through the ABN website located at https://www.cnbcafrica.com/ (“Site”).

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

DEFINITIONS

In this Privacy Policy (as defined below), unless the context requires otherwise, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

“Child” means any natural person under the age of 18 (eighteen) years;

“Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information under the control of or in the possession of ABN;

“Data Subject” has the meaning ascribed thereto under POPIA;

“Direct Marketing” means to approach a person, by electronic communication, for the purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject;

“Direct Marketer” means a supplier who employs Direct Marketing as an advertising mechanism;

“Employees” means any employee of ABN;

“Operator” means a person or entity who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that Responsible Party;

“Personal Information” has the meaning ascribed thereto under POPIA and specifically includes any form of information that can be used to identify a Data Subject;

“POPIA” means the Protection of Personal Information Act No. 4 of 2013;

“Processing” has the meaning ascribed thereto under POPIA. “Process” has a corresponding meaning;

“Regulator” means the Information Regulator established in terms of POPIA;

“Responsible Party” means a public or private body or any other person which alone or in conjunction with others, determines the purpose of and means for Processing Personal Information;

“Special Personal Information” means Personal Information concerning a Data Subject’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life, biometric information or criminal behaviour; and

“Third Party” means any independent contractor, agent, consultant, sub-contractor or other representative of ABN.

PURPOSE OF THIS PRIVACY POLICY

ABN, in its capacity as Responsible Party [and/or Operator], shall strive to observe, and comply with its obligations under POPIA as well as accepted information protection principles, practices and guidelines when it Processes Personal Information from or in respect of a Data Subject.

This Privacy Policy applies to Personal Information collected by ABN in connection with the services which ABN provides and offers. This includes information collected directly from you as a Data Subject, as well as information we collect indirectly though our service providers who collect your information on our behalf.

This Privacy Policy does not apply to the information practices of Third Party companies who we may engage with in relation to our business operations (including, without limitation, their websites, platforms and/or applications) which we do not own or control; or individuals that ABN does not manage or employ. These Third Party sites may have their own privacy policies and terms and conditions and we encourage you to read them before using them.

COLLECTING USER PERSONAL INFORMATION

PERSONAL INFORMATION: This Site collects Personal Information directly from you when you interact with the Site, for example when you register for our subscription services (hereafter, “Subscription Services”), including without limitation, to become a user, member or premium subscriber of the Site, subscribe for our 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, and accept the terms and conditions of same where applicable. We may also obtain Personal Information from reputable Third Parties, such as credit agencies. Where ABN obtains Personal Information from Third Parties, ABN will ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject’s consent where ABN has an alternative legal justification to do so.

ABN will always collect Personal Information in a fair, lawful and reasonable manner to ensure that it protects the Data Subject’s privacy and will Process the Personal Information based on legitimate grounds in a manner that does not adversely affect the Data Subject in question.

LAWFUL PROCESSING OF PERSONAL INFORMATION

Where ABN is the Responsible Party, it will only Process a Data Subject’s Personal Information (other than for Special Personal Information) where: (i) consent of the Data Subject (or a competent person, where the Data Subject is a Child) is obtained; (ii) Processing is necessary to carry out the actions for conclusion of a contract to which a Data Subject is party; (iii) Processing complies with an obligation imposed by law on ABN; (iv) Processing protects a legitimate interest of the Data Subject; and/or (v) Processing is necessary for pursuing the legitimate interests of ABN or of a third party to whom the information is supplied.

ABN will make the manner and reason for which the Personal Information will be Processed clear to the Data Subject.

Where ABN is relying on a Data Subject’s consent as the legal basis for Processing Personal Information, the Data Subject may withdraw his/her/its consent or may object to ABN’s Processing of the Personal Information at any time. However, this will not affect the lawfulness of any Processing carried out prior to the withdrawal of consent or any Processing justified by any other legal ground provided under POPIA. If the consent is withdrawn or if there is otherwise a justified objection against the use or the Processing of such Personal Information, ABN will ensure that the Personal Information is no longer Processed.

SPECIAL PERSONAL INFORMATION AND PERSONAL INFORMATION OF CHILDREN

Special Personal Information is sensitive Personal Information of a Data Subject and ABN acknowledges that it will generally not Process Special Personal Information unless: (i) Processing is carried out in accordance with the Data Subject’s consent; (ii) Processing is necessary for the establishment, exercise or defence of a right or obligation in law; (iii) Processing is for historical, statistical or research purposes, subject to stipulated safeguards; (iv) information has deliberately been made public by the Data Subject; or (v) specific authorisation applies in terms of POPIA.

ABN acknowledges that it may not Process any Personal Information concerning a Child and will only do so where it has obtained the consent of the parent or guardian of that Child or where it is permitted to do so in accordance with applicable laws.

PURPOSE FOR PROCESSING PERSONAL INFORMATION

ABN will only Process a Data Subject’s Personal Information for a specific, lawful and clear purpose (or for specific, lawful and clear purposes) and will ensure that it makes the Data Subject aware of such purpose(s) as far as possible.

ABN will generally use Personal Information for purposes required to operate and manage its normal business operations and these purposes include one or more of the following non-exhaustive purposes –

• providing you with the product offerings or services you have requested, or considering your application to provide services and products to us and notifying you about important changes to these services, products or offerings;
• managing your account or relationship and complying with your instructions or requests;
• detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
• assessing and dealing with complaints and requests;
• operational, marketing, auditing, legal and record keeping requirements;
• verifying your identity or the identify of your beneficial owner;
• transferring or processing your Personal Information outside of the Republic of South Africa, including to such countries that may not offer the same level of data protection as the Republic of South Africa;
• complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
• recording and/or monitoring your  telephone calls  and  electronic  communications to/with ABN in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
• conducting market research and providing you with information about ABN’s products or services from time to time via email, telephone or other means (for example, events);
• where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;
• disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
• monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from ABN or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and ABN;
• improving or evaluating the effectiveness of ABN’s business or products, services or offerings;
• for such other purposes to which the Data Subject may consent from time to time; and
• for such other purposes as authorised in terms of applicable law.

AGGEREGATE AND ANONYMOUS DATA: Aggregate and anonymous data is 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 Information, 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, our Site uses “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.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the website. If you accept a “cookie” or fail to deny the use of “cookies”, you agree that we may use your Personal Information collected using “cookies” (subject to the provisions of this Privacy Policy). Where you either reject or decline cookies, you are informed that you may not be able to fully experience the interactive features of our Site.

OUR USE OF YOUR DATA:

PERSONAL INFORMATION: We will use your Personal Information for the purposes for which it was provided. For example, if you provide Personal Information 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 Information to provide you with information about features, services and other offerings that may be of interest to you. We may also 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 Information on the Site. We will notify you of this possibility when you provide the Personal Information and, if possible, when the Personal Information is posted.

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

AA DATA: We may also use Personal Information 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 often conducts research on its customer demographics, interests and behaviour based on Personal Information we gather. Although this aggregated data may be based in part on Personal Information, it does not identify you personally. ABN 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 INFORMATION:

DISCLOSURE TO AFFLIATES: Personal Information collected by this Site may be shared with our affiliates which include other entities owned or controlled by ABN, CNBC Africa or its parent companies, including those that are based on other counties. However, we will ensure that your Personal Information continues to be protected, regardless of its location, in a manner consistent with the standards of protection required under Applicable Laws.

DISCLOSURE TO THIRD PARTIES: ABN, 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 Information it needs to perform its function, and is required to protect the Personal Information and we will to ensure that your Personal Information continues to be protected, regardless of its location, in a manner consistent with the standards of protection required under Applicable Laws. With your consent, we may also share Personal Information 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 Information 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 Information 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 Information without providing you with a choice under the following limited circumstances to (i) protect ABN’s legitimate interest including: (1) protect the legal rights, privacy or safety of ABN, or its owners, subsidiaries, affiliates or its or their employees, agents and contractors; (2) protect the safety and security of visitors to our websites or other properties; (3) protect against fraud or other illegal activity or for risk management purposes; (4) permit us to pursue available remedies or limit the damages that we may sustain; (5) enforce our Terms of Use (defined below); or (ii) comply with the law or legal process; or (iii) respond to inquiries or requests from public authorities;

If ABN 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 your Personal Information 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 Information.

PERSONAL INFORMATION FOR DIRECT MARKETING PURPOSES:

To the extent that ABN acts in its capacity as a Direct Marketer, it shall strive to observe, and comply with its obligations under POPIA when implementing principles and practices in relation to Direct Marketing.

ABN acknowledges that it may only use Personal Information to contact the Data Subject for purposes of Direct Marketing from time to time where it is permissible to do so.

It may use Personal Information to contact any Data Subject and/or market ABN’s services directly to the Data Subject(s) if the Data Subject is one of ABN’s existing clients, the Data Subject has requested to receive marketing material from ABN or ABN has the Data Subject’s consent to market its services directly to the Data Subject.

If the Data Subject is an existing client, ABN will only use his/her/its Personal Information if it has obtained the Personal Information through the provision of a service to the Data Subject and only in relation to similar services to the ones ABN previously provided to the Data Subject.

ABN will ensure that a reasonable opportunity is given to the Data Subject to object to the use of their Personal Information for Abman’s marketing purposes when collecting the Personal Information and on the occasion of each communication to the Data Subject for purposes of Direct Marketing.

ABN will not use your Personal Information to send you marketing materials if you have requested not to receive them. If you request that we stop Processing your Personal Information for marketing purposes, ABN shall do so. We encourage that such requests to opt-out of marketing be made via forms and links provided for that purpose in the marketing materials sent to you.

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 customise the advertising content you see (but not your name, address, or other Personal Information). ABN 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 have their own terms of use and have privacy practices that are different to those set out in this Privacy Policy. For instance, clicking on an advertisement or on links or other elements on the Site may take you to an entirely different website. Links to other websites may use our Site logo or style as a result of a co-branding agreement – however, this does not constitute the endorsement by ABN of the third-party websites or their content. Such links and plug-ins are provided as an information service, for reference and/or convenience only. These websites 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 your Personal Information or any other data collected from or provided by you. You should check the applicable third-party privacy policy to determine how that third party’s website will handle such data.

ABN expressly disclaims any liability arising in connection with your use and/or viewing of any third party sites, and you hereby agree to hold ABN harmless from any liability that may result from third party sites.

YOUR CHOICES:

You can use the Site and certain Other Services without providing any Personal Information, but if you decline to provide Personal Information, you may not be able to use certain services or features. If you have previously provided Personal Information on 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]. Where you have preciously opted to, 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 Information, we will honour that request. However, we will retain records of your Personal Information as needed in order to comply with all Applicable Laws.

ACCESS, CORRECTION, DELETION:

ABN will take reasonable steps to ensure that all Personal Information is kept as accurate, complete and up to date as reasonably possible depending on the purpose for which Personal Information is collected or further processed.

If you would like to review, correct or change, or delete the Personal Information that you have previously provided us, please go to the member centre section of the Site and follow the appropriate instructions or contact us at [email protected]. We will take reasonable steps to update, correct or delete, or facilitate access to your Personal Information in our possession in accordance with Applicable Laws.

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 18 years of age are expressly prohibited from submitting or posting any Personal Information 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.

SAFE-KEEPING OF PERSONAL INFORMATION:

ABN shall preserve the security of Personal Information and, in particular, prevent its alteration, loss and damage, or access by non-authorised third parties.

ABN will ensure the security and integrity of Personal Information in its possession or under its control with appropriate, reasonable technical and organisational measures to prevent loss, unlawful access and unauthorised destruction of Personal Information.

ABN has implemented physical, organisational, contractual and technological security measures (having regard to generally accepted information security practices or industry specific requirements or professional rules) to keep all Personal Information secure, including measures protecting any Personal Information from loss or theft, and unauthorised access, disclosure, copying, use or modification.

Further, ABN maintains and regularly verifies that the security measures are effective and regularly updates same in response to new risks.

DATA SECURITY DISCLAIMER:

While ABN takes reasonable security precautions to secure the Personal Information that you choose to provide against the loss, misuse, alteration or unauthorized access of such Personal Information, unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may, therefore, be possible for third parties not under the control of ABN to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any Personal Information 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 on or through this Site or Other Services. All such unsolicited information shall be deemed to be non-confidential, and ABN shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.

BREACHES OF PERSONAL INFORMATION:

A Data Breach refers to any incident in terms of which reasonable grounds exist to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person.

ABN will address any Data Breach in accordance with the terms of POPIA.

Abman will notify the Regulator and the affected Data Subject (unless the applicable law requires that we delay notification to the Data Subject) in writing in the event of a Data Breach (or a reasonable belief of a Data Breach) in respect of that Data Subject’s Personal Information, in accordance with the provisions of POPIA.

OTHER TERMS AND CONDITIONS:

Your access to and use of this Site or Other Services is subject to the Terms of Use set out below (“Terms of Use”).

In respect of deliverables of affiliated companies on sold under this agreement by ABN, ABN will act as agent and not principal in order to facilitate receipt of payment under the Terms of Use.

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 those 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.

CONTACTING ABN REGARDING YOUR PRIVACY:

If you have any questions about this Privacy Policy, Personal Information 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 is committed at making its content available to everyone. In order for this content to be accessible to everyone ABN 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 Site.

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 Site, kindly desist from using the Site immediately.

ABN reserves the right to amend, alter, revise or vary these Terms of Use and any other Policy on the ABN Site at any time at its sole discretion. ABN will use reasonable efforts to notify you of such amendments. 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 provides users with access to a rich collection of resources related to financial and business news, such as ABN 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 Site, Subscription and Other Services (“Service” or “Services”) may include certain communications from ABN, such as service announcements or administrative messages, and that these communications are part of the Service. You understand and agree that the Service is provided “AS-IS” and that ABN assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation 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.

REGISTRATION OF YOUR ACCOUNT

In order to gain access to portions of the Services, you are required to register an account and 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 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.

By registering an account, you represent and warrant that you have the legal capacity or necessary consent to enter into a binding contract with ABN.

Should you successfully register an account, you will be allocated an account, a username and password to access the Service, which shall be solely for your use and you are to keep these details strictly confidential at all times. Your username and password (“Registration Details”) are for your sole, personal use. You may not allow other persons to use your Registration Details, and you may not transfer your account to any other person or entity. You are responsible for logging out if your computer or mobile device is accessible to others as a means to prevent unauthorised access.

You are responsible for safeguarding the Registration Details you use to access the Service and agree to be fully responsible for activities or transactions that relate to your account or Registration Details. You must notify ABN immediately if you learn of an unauthorised use of your account or Registration Details.

The ABN Privacy Policy sets out the manner in respect to which all Personal Information collected by ABN 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 Site. The subscription offered herein is for the premium service bouquet that will be offered to all registered users of the ABN Site at an additional fee (“Premium Service”).

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 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 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 eighteen 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 under the age of eighteen (18) that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian (who may be required to provide certain Personal Information about you and themselves and such information will be held and used in accordance with any consent on our records and the terms of our Privacy Policy) to enter these Terms of Use, access the ABN Site, submit content or participate in any manner on ABN. The obligations set forth in these Terms of Use constitute a binding contract between you and ABN.

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

1. The user with the inclusion of, but not the limitation of, agrees that they will not transmit submissions to the ABN Site that:
2. Use any of the forums for illegal purposes;
3. Are for purpose of spamming;

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

1. 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;
2. Violate the copyright, trademark or other intellectual property rights of any other person by the submission of the content to the ABN 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 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;
3. 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 or the owner of such trademark, service mark or trade name, except as explicitly permitted in these Terms of Use or on the ABN 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 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 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 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 Site is supplied by ABN primarily as a broadcaster. ABN is a content provider and not a publisher of the information.

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

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, 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, 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 abovementioned 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, 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, 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 or the ABN 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 the Site or Service.

ABN disclaims any and all liability of any kind for any unauthorised access to or use of your Personal Information. By accessing the Site and/or the Service, you acknowledge and agree to ABN’s disclaimer of any such liability. If you do not agree, you should not access or use the Site and/or the Service.

ABN 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 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 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 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 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 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, 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 the Site and/or Service by you or your account (including your Registration Details) for the Service.

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 AND CANCELLATION

ABN may terminate or suspend these Terms of Use at any time without notice to you. Without limiting the foregoing, ABN shall have the right to immediately terminate your account in the event of any conduct by you which ABN, 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 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 will not refund any fees already paid. This is not a waiver of any legal rights that ABN 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 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 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.

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

PAYMENT CLAUSE

ABN 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. You acknowledge that ABN makes use of third party services to process credit or debit card information. Where you provide us any of your credit or debit card details in order for us to facilitate a payment through the Site, you hereby authorise us to use such details for purposes of processing payments which you instruct us to process, including to share such details with our third party service providers.

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 authorised 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. 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 authorisation 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 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 Policies found on the ABN Site are governed in accordance with the laws of the Republic of South Africa.

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 arising out of these terms, provided that ABN 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.

DISCLOSURES

Africa Business News (Pty) Ltd, Registration number 2008/002769/07, registered in accordance with the Company Laws of South Africa.

REGISTERED OFFICES:

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155 West Street,
Sandton, South Africa

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