GENERAL TERMS AND CONDITIONS
It is important to note that the use of this Website is subject to the terms and conditions of use set out below. By using this Website the User agrees and is deemed to have agreed to observe all terms & conditions of use, including any privacy or other policies which may appear elsewhere on this Website.
1. About Media Mall (Pty) Limited (“Media Mall”)
Media Mall is registered as a private company in terms of the company laws of South Africa. Media Mall is the proprietor of this website.
2. This Agreement:
This Agreement regulates your use of Media Mall’s website, www.mediamall.co.za which is owned and operated by Media Mall (the “website”). By accessing and using the website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, you may not access, display, download, post and/or otherwise distribute any content or copy available on the website.
3. General Disclaimer:
Users agree to access and use this site entirely at its own risk, and your attention is drawn to clause 6.
In all four Parts A – D of the Terms & Conditions, the following definitions are used
4.1 Advert. A discrete piece of advertising content, intended for publication and/or placement on any platform, including but not limited to: print media, television, radio, social media platforms, general news, e-commerce, trading sites, news groups and forums (moderated and unmoderated), cinema, photographic and out of home advertising and/or combinations of these
4.2 Days. Clear calendar days, excluding any public holidays.
4.3 Media Buyer. A person or entity desiring to purchase an Advert from a Media Seller, and desiring to use the website to facilitate and complete the purchase
4.4 Client. Shall refer to the business relationship between Media Seller and Media Mall, and the Media Buyer and Media Mall, separately and considering the context in which the term is used.
4.5 Transaction. Shall mean the sale and purchase of an Advert from the Media Seller to the Media Buyer, which is facilitated by Media Mall.
4.6 Commission. Means 15% of the purchase price of the Advert successfully purchased by a Media Buyer, owing to Media Mall, and payable by the Media Seller.
4.7 Website. Means this Website, as published by Media Mall at http://www.mediamall.co.za and all sub pages thereof excluding links to external sites
4.8 Website Owner. Means Media Mall (Pty) Limited
4.9 User. Means any independent person or entity, persons of the public, Media Seller, Media Buyer and includes persons not registered to use the website and general internet browsers.
4.10 “ECT Act”. Means the Electronic Communications & Transactions Act 25 of 2002
4.11 “VAT”. Mean Value Added Tax
5. Use of Website
5.1 The Media Mall service is comprised of information and content, which includes but is not limited to advertising services including but not limited to: print media, television, radio, social media platforms, general news, e-commerce, trading sites, news groups and forums (moderated and unmoderated), cinema, photographic and out of home advertising which are provided by Media Mall and Media Sellers with whom Media Mall has an independent agreement.
5.2 Media Mall may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.
5.3 Use of this Website is strictly at the sole risk of the User.
5.4 Unless otherwise indicated, Users are welcome to copy, download or print out any of the visible text or images on this Website for personal use.
6. Client Account Registration
When making application to become a Media Seller or Media Buyer, Users agree that:
6.1 They will be irrevocably bound by ALL terms and conditions applicable to the use of this Website
6.2 They will provide full and accurate information
6.3 It is the User’s responsibility to check and update information pertaining to their User account
6.4 On registration they will provide a username and password
6.5 Client account holders authorise any and/or all activity of their account, irrespective of their knowledge and/or expressed authorisation. The Client Account Holder is responsible for reporting unauthorised use, and may request new login credentials and/or change of password.
6.6 Applicants note the specific additional terms and conditions listed in clause 6.7 and/or clause 6.8, as the case may be, and acknowledges that the general terms and conditions are applicable to either a Media Seller or Media Buyer in conjunction to the additional terms and conditions listed hereunder.
6.7 Terms and conditions applicable, in addition hereto, for Users who are making application to be a Media Seller notes the Terms and Conditions between Media Seller and Media Mall and Terms and Conditions between Media Seller and Media Buyer.
6.8 Terms and conditions applicable, in addition hereto, for Users who are making application to be a Media Buyer notes the Terms and Conditions between Media Buyer and Media Mall and Terms and Conditions between Media Seller and Media Buyer.
6.9 On submitting registration applications, the Media Seller shall be subject to a verification procedure. Verification procedures may include, but are not limited to, contacting the Client via phone and/or email to confirm certain details and/or information. Only successful applicants will be entitled to initiate a Transaction.
7. Amendments to Content and Information
7.1 The Website Owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information provided solely by Media Mall, including pricing and rates.
7.2 Media Mall does not and will not amend or alter any content provided and or uploaded directly by the Media Seller. This is the sole responsibility of the Media Seller.
7.3 Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.
8.1 We respect the privacy of every User who visits this Website. As a result of this, we would like to inform you regarding the way we would use your personal data.
8.2 The points below will help you understand our general approach towards the use of your personal data, however, to the extent that there is any conflict as a result of a waiver of this clause by a User, that specific clause, and not the general approach, will be enforced and supersedes the general approach.
8.3 By submitting your personal data to Media Mall, it will be deemed to have been given with your permission, where necessary and appropriate, for disclosures referred to in this policy.
General Approach to Personal data
8.4 Media Mall does not and will not amend or alter any personal information provided by a User. It is the User’s responsibility to update its information.
8.5 Media Mall will collect and use personal information solely with the objective of fulfilling those purposes specified and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
8.6 Media Mall will only retain personal information as long as necessary for the fulfilment of Advert transactions and any related activities.
8.7 Media Mall will only collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
8.8 Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
8.9 Media Mall will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
8.10 Media Mall is committed to conducting business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained, however Media Mall does not guarantee a breach of such confidentiality arising out of malicious activities and/or activities over which it has no control.
9. No offer
Users should regard nothing contained in this Website as an offer but rather as an invitation to do business.
10. Disclaimers and Exclusion of Liability
10.1 It is a term and condition of use of this site that Users expressly agree that the use of the site is entirely at its own risk.
10.2 This entire Website, including text, images, links, downloads and coding, is provided “as is” and “as available”. The Website Owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the Website or the information contained in it.
10.3 Subject to Chapter 7 of the ECT Act, the Website Owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by Users or any other persons and resulting from the use or inability to use this Website.
10.4 Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the Website Owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.
10.5 The Website Owner has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the fullest possible extent permissible under law the Website Owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.
10.6 Media Mall does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server is free from viruses or other harmful components.
10.7 Media Mall does not attend to any complaints of any nature. In the event of any User or person of the public having a complaint with regard to the content or nature of any Advert, such complaint must be directed to the Media Seller at the indicated email address only. Under no circumstances will Media Mall enter into any complaint-related correspondence pertaining to any Advert with any person.
10.8 The Website Owner does not control any content posted through the services which it provides, although it retains the right (but not obligation), in its sole and absolute discretion, to remove any material which is the subject of a complaint.
Users agree to indemnify and hold harmless the Website Owner, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates, advertiser, partners, agents and representatives from any demand, liabilities, action or application or other proceedings, including for attorney’s fees (attorney and own client scale) and related costs such as tracing fees, made by any third party, Media Seller, Media Buyer or User and arising out of or in connection with the Users use of this Website, third party Websites or any of the services offered through such sites in any way, including but not limited to the provision of content, from User’s unauthorised use of material obtained from the website, from its breach of this Agreement, or from any such acts arising through use of the website or any other violation of the rights of another person or party.
12. Consumer Rights & Security
12.1 Regarding cooling-off periods: subject only to what appears below in this clause 11, Sections 42(2)(d) & 42(2)(h) of the ECT Act is understood to apply to all Transactions under this Agreement.
12.2 Under sections 43(1) and (2) of the ECT Act the Website Owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the Website Owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the act does not apply to an electronic transaction for services which began with the consumer’s consent before the end of a period of seven days from receipt of the service.
12.3 Where a transaction has been so cancelled, the User is directed to the terms and conditions listed under clause 6.7 and 6.8 above.
12.4 Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
13. This Website does not store any User credit card information.
13.1 Transactions are processed through the PayFast (Pty) Limited payment gateway.
13.1.1 PayFast (Pty) Limited payment gateway using Extended Validation SSL with 2048-bit to activate secure sockets layers (SSL) to ensure that all credit card details are sent encrypted to our merchant servers. SSL encrypts information and makes it impossible for anyone to read while in transit.
13.1.2 For more information on PayFast (Pty) Limited visit https://www.payfast.co.za/company-information
14. Client Account
Additional terms and conditions in respect of each Client account are applicable. These additional terms and conditions are referred to in clause 6.7 and 6.8 above.
15. Receipt of Data Messages
15.1 Data messages, including e-mail messages, sent by Users to the Website Owner shall be deemed to be received only when acknowledged or responded to.
15.2 A data message sent by the Website Owner to Users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
15.3 The Website Owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
16. Monitoring and interception of data messages
In order to provide a relevant and secure service, and where required to do so under law, the Website Owner may monitor and/or intercept electronic communications such as e-mail which are sent to this Website. To the full extent necessary under law the User acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
17. Users further Assurance
Users further undertake not to:
17.1 Impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications.
17.2 Modify, access or make available any data stored on a computer device which has been accessed through the Website Owner’s network.
17.3 Make available or upload files that contain software or any other material not owned or licensed to the User.
17.4 Make use of the Website to collect, harvest or otherwise obtain personal information relating to other Users.
17.5 Make use of the Website to collect, harvest, alter, adapt, replicate or otherwise utilise any data, information or code associated with or appearing on the Website. This information may only be used with the written permission of the proprietor thereof, in this regard Users attention is draw to clause 18 and 19 below.
17.6 Users and members irrevocably agree that all content provided by them, whether posted on their site or elsewhere or where privately transmitted, is and remains the sole responsibility of the member from which such content originated.
17.7 Utilise this Website or any service provided on it to:
i. Upload, post or otherwise transmit any content that is unlawful or illegal;
ii. Upload, post or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
iii. Upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
iv. Harm or unfairly target minors;
v. Stalk or harass other Users;
vi. Impersonate any person connected to this Website or any service provided on it or otherwise misrepresent their association with any such person;
vii. Take any measures to disguise the origin of any content;
viii. Take any measures to restrict access to any part of the Website, including the use of passwords and hidden pages;
ix. Upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
x. Use this Website or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
xi. Upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this Website or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation;
xii. Collect and / or store data on any other User or Users; or
xiii. Misrepresent the nature of their membership.
18. Submission of Content
18.1 Any content received by any unregistered User, alternatively any registered User without pre-arranged authorisation to send content to Media Mall via e-mail or other data message, will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.
18.2 Media Sellers and Media Buyers are permitted to submit content to Media Mall only via their respective accounts. This may be waived, at the sole and absolute discretion of Media Mall.
18.3 The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the Website Owner. In the event that an off-line transaction is requested and accepted by the Parties to the transaction, additional terms and conditions may be applicable and will be made available to the Media Seller and Media Buyer at the applicable time by Media Mall.
19.1 While Media Mall takes all reasonable security precautions and subject to, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the User through the use of this site.
19.2 The following acts in connection with this Website are expressly prohibited:
a. Gaining or attempting to gain unauthorised access to any web page or part of this Website;
b. Delivering or attempting to deliver any unauthorised or malicious code or content to this Website; and/or
c. Any amendment to or attempt to amend any of the content or any other part of this Website by unauthorised persons.
19.3 Media Mall may pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on or part of this Website.
19.4 Users will be logged off their account automatically where there has been an inactivity on the Website for a period of 15 minutes. Users acknowledge that Media Mall shall not be liable for any loss caused or suffered by the automatic log-out function.
20. Intellectual Property Protection
20.1 Copyright in all information, images, source codes and other original material published on this Website which is not attributed to a third party, is held by or licensed to the Website Owner. The Website Owner asserts and reserves all its rights, including moral rights, in this regard.
20.2 The Website Owner grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the User is the primary User for non-commercial purposes only.
21. Privacy and Confidentiality of Communications
21.1 Further information regarding the manner in which we respect the privacy of Users’ personal information is contained in each separate terms and conditions listed in clause 6.7 and 6.8 above.
21.2 The Website Owner may monitor, and intercept communications made through this Website in order to promote the secure and efficient operation of the Website. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the Website Owner.
22. Advertising and Sponsorship
22.1 This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
22.2 The Website Owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
23. Automated Searching
Automated transactions and searches are subject to these terms and conditions.
23.1 The use of malicious search technology is prohibited.
23.2 The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
23.3 Search technology which does not unduly retard the operation of this Website is acceptable, but the Website Owner reserves the right to prohibit any specific entity from employing search technology on the Website.
24. Hyperlinks, deep links & framing
24.1 Permission to link to this Website is given without assumption of any liability. Media Mall reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
24.2 Hyperlinks and/or advertisements contained on this Website and directed towards other Websites or Users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This Website in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to Website.
24.3 Use of the sites or pages linked to is accordingly exclusively at the risk of the User.
24.4 The express permission in writing of the Website Owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed.
25. Competitions and prize draws
This Website may, from time to time, run competitions and other promotions. These will be subject to additional terms and conditions which will be made available to Users and/or entrants at the applicable time.
26. Termination of Website and User Access
26.1 The Website Owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this Website and/or to terminate the access rights of any User.
26.2 In the event of any malicious action, or inaction, as the case may be, by any User, Media Mall may, in its sole and absolute discretion, terminate permanently any User’s rights to access and/or use the Website.
27. Law Governing this Agreement
27.1 The User agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
27.2 This Website is owned, hosted and maintained within the Republic of South Africa.
27.3 When using this Website and agreeing to these terms and conditions such use and agreement is deemed to have taken place in Johannesburg, South Africa.
27.4 Users of this Website are encouraged to familiarise themselves with the South African Law relating to Electronic Communications and Transactions as contained in the ECT Act.
28. Consent to jurisdiction:
The User consents to the jurisdiction of the Magistrate’s court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act, as amended, in respect of any dispute flowing from the use of this Website.
29. Dispute resolution:
29.1 Any dispute between Media Mall and the Media Seller, alternatively Media Mall and the Media Buyer, arising out of or in connection with these terms and conditions including any question regarding its existence, validity or termination, shall be settled by mediation and/or arbitration concluded through AFSA rules, which rules are deemed to be incorporated by reference into this clause.
29.2 Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Johannesburg, so the arbitration will be governed by these rules and the dispute will be resolved in accordance with the Law of South Africa.
29.3 Where the dispute has arisen in South Africa between Media Mall and a Media Seller or Media Buyer who are Internationally based, the place of the arbitration is deemed to be Johannesburg, so the arbitration will be governed by these rules and the dispute will be resolved in accordance with the Law of South Africa.
29.4 The language used during the dispute resolution process will be English.
29.5 Further information on AFSA rules please see www.arbitration.co.za
30. Amendment of the Terms and Conditions of this Agreement
30.1 Owing to legal and other developments, Media Mall may be required to amend these terms and conditions of use from time to time.
30.2 Media Mall will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
30.3 Media Mall reserves the right to change the agreement. These changes will become effective from the date on which they are posted to the Website. Accordingly, it is the User’s responsibility to check the Website from time to time to see whether the terms of this Agreement have been changed. User’s continued use of the Website will be deemed to be an acceptance by it of the agreement to these amendments.
30.4 Other than the variation of this Agreement by Media Mall placing such amendment on the Website, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing.
30.5 No waiver, relaxation or indulgence which either party may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.
30.6 Severability: should any provision of this Agreement be void for vagueness or for any other reason, then that provision of this Agreement shall be capable of being severed from the remainder of this Agreement, which shall remain of full force and effect.
30.7 Plain and understandable language: the User confirms that the provisions of this Agreement are in plain and understandable language and that it understands the provisions contained herein.
30.8 No transfer: Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
31. Whole Agreement
The terms and conditions herein and referred to elsewhere on the website constitutes the sole record of the agreement between Media Mall and the User and supersedes all previous agreements. Neither of the parties shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this Agreement.