1.1 This website, with its home page accessible at www.enhancingaccess.com (this "Website") is made available to you by Naspers Limited ("Naspers"), Registration number 1925/001431/06, at 40 Heerengracht, Cape Town, 8001, South Africa.
1.3 By accessing or using the Website or any part thereof, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using or accessing this Website and you are not authorised to use or access this Website.
1.4 Please note:
1.4.1 we may change these Terms from time to time and without giving you notice, other than publishing the updated Terms on this Website. You must review these Terms as published on this Website whenever you access or visit this Website. By using or accessing this Website, the then-current version of these Terms as published on this Website will apply to that use and access of this Website by you; and
1.4.2 there may be additional terms and conditions, disclaimers and disclosures that apply to the use of certain parts of this Website or content on this Website ("Additional Terms"). The Additional Terms form part of these Terms and will be accessible on those parts of the Website or content to which they apply. By using those parts of this Website or content, you will be deemed to have agreed to the Additional Terms. If there is any conflict or inconsistency between any part of these Terms or the Additional Terms, the Additional Terms will apply to the extent of the conflict or inconsistency.
1.5 For the purpose of these Terms and wherever the context so requires, the terms "you", and "your" and "user" shall mean any person who accesses or uses the Website.
2. PERMITTED USE
2.1 This Website is only intended to provide the user with information about Naspers, its subsidiaries and other members of its group of companies (individually and collectively referred to as the "Naspers Group").
2.2 You may only use this Website for non-commercial purposes.
2.3 You may view, copy, download to a local drive, print and distribute the information displayed on this Website, or any part thereof, provided that:
2.3.1 such information is used for informational and non-commercial purposes only and
2.3.2 any reproduction of the information, or portions thereof, includes the following copyright notice: © NASPERS LIMITED 2018. ALL RIGHTS RESERVED.
2.4 Any third party website may link to this website provided that such a link is directed solely to the home page of this Website and not to any other page or part of this Website.
2.5 Users that wish to use or link to this Website for any purpose, or in any way, not expressly permitted in these Terms, may only do so with the express prior written permission of Naspers.
2.6 Naspers may revoke your rights to use this Website or the Content at any time and for any reason. Naspers can do this without giving you any notice or informing you of this.
3. PROHIBITED USE
3.1 You must not, directly or indirectly, do any of the following things or allow anybody else to:
3.1.1 perform any action that violates any of these Terms;
3.1.2 perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including, but not limited to, any intellectual property rights) in or to this Website or the Content;
3.1.3 use any Technology or other means to access, link to, index, frame, scrape, copy or reproduce the Website or the Content in a way that is not expressly authorized by us. In these Terms, "Technology" includes any hardware, software, programmes, networks, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form;
3.1.4 use Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms, including those intended to prevent the unauthorized download, capture, scraping, linking, framing, reproduction, access to, use or distribution of the Content or the Website;
3.1.5 access or use the Website or the Content through automated means, including through the use of "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
3.1.6 introduce any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any access device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ("Destructive Code") into the into the Website, the Content or the Technology used by Naspers or any other user of the Website;
3.1.7 damage, disable, overburden, impair, or gain unauthorized access to the Content or the Website;
3.1.8 remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Website;
3.1.9 use the Website or the Content to advertise or promote products or services that are not expressly approved in advance in writing by us;
3.1.10 interfere with any other person's use and enjoyment of the Website;
3.1.11 attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the Website or forming part of the Content;
3.1.12 receive or charge money, favours or other consideration for allowing any other person to use or access the Website or the Content, (all of the above are called "Prohibited Acts").
3.2 These Terms and any restrictions on the use of the Website will also apply to any part of the Website and Content that is cached when using the Website.
3.3 We reserve the right, and we are allowed, to use Technology and other means to monitor that you are complying with these Terms.
4. CONTENT MUST NOT BE RELIED ON
4.1 The Content may not be accurate, complete, adequate, or current. Accordingly, the Content must not be relied on for any purpose.
4.2 Naspers, members of the Naspers Group, and third party data providers give no warranties or representations with respect to this Website or the Content, including in relation to the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Content.
4.3 Naspers, members of the Naspers Group, and any third party data providers accept no responsibility, and will not be required, to update the Website or the Content or to notify you or other users of Content that is inaccurate, incomplete, inadequate or out-of- date. This also applies to the information and data, financial or otherwise, included under the "Investor Centre" section of www.naspers.com or in the annual reports, results announcements, presentations, press releases, regulatory filings (including those with the Johannesburg Stock Exchange, the London Stock Exchange and the Irish Stock Exchange) and similar material. Such information and data will not be updated and must be considered only in the context of its initial date of publication.
5. NO OFFER TO SELL SECURITIES AND NO ADVICE
5.1 None of the information on this website constitutes or forms part of any offer or solicitation or advertisement to purchase and/or subscribe for securities in any jurisdiction, including an offer to the public for the sale of, or subscription for, or the solicitation of, or the advertisement of an offer to buy and/or subscribe for, securities. None of the securities referred to on this website have been registered under the securities laws of the United States of America, its territories and possessions, any state of the United States or the District of Columbia (US). Securities may not be offered or sold in the US absent registration under the applicable US securities laws or unless exempt from registration under such laws.
5.2 This Website and the Content must not be construed as constituting any form of investment advice or recommendation, guidance or proposal of a financial nature. Naspers is not a financial service provider (or similar institution) licensed as such under any applicable law or regulation (including the South African Financial Advisory and Intermediary Services Act, 37 of 2002 (as amended) in South Africa). This Website and the Content must not be construed as canvassing for, or marketing, or advertising of financial services in any jurisdiction. Prospective investors should make their own investment decisions and consult their own advisers as to legal, tax, business, financial and related aspects of an investment in any securities of Naspers or members of the Naspers Group.
5.3 None of the Content is professional advice or the official opinion of Naspers or members of the Naspers Group. Users are encouraged to consult professional advice before taking any course of action related to the Content
6. FORWARD-LOOKING STATEMENTS
6.1 This website contains "forward-looking statements". These statements are based on the current expectations and views of future events and developments of the management of Naspers and are naturally subject to uncertainty and changes in circumstances. When used in this website, words such as "anticipate", "believe", "estimate", "expect", "intend", "plan", "will", "may", "would", "could" and "project" are intended to identify forward-looking statements. All statements, other than statements of historical facts, are, or may be deemed to be, forward-looking statements.
6.2 Undue reliance should not be placed on such forward-looking statements as they are reflective of the views of Naspers management as of a particular date, made with respect to future events and are subject to risks and uncertainties, some of which are outside the control of Naspers. There are important factors, risks and uncertainties that could cause actual outcomes and results to be materially different from those projected on the website.
6.3 The forward-looking statements should be read in conjunction with other cautionary statements that are included elsewhere, and any other documents Naspers has made public. Any forward-looking statements are qualified in their entirety by these cautionary statements, and there can be no assurance that the actual results or developments anticipated by Naspers will be realised or, even if substantially realised, that they will have the expected consequences to, or effects on, Naspers or its business or operations. Except as required by law, Naspers undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 This Website and the Content are the property of Naspers or are licensed to Naspers and are protected by various international copyright, trademark, patent, trade dress or other intellectual property laws and treaties..
7.2 Your rights to use the Website and the Content are expressly limited to those given to you in these Terms. You may not modify, copy, distribute, display, perform, reproduce, publish or create derivative works from the Content or any part thereof, except as expressly permitted by this Website. You may not remove any copyright, trademark or other proprietary notices from the Content.
7.3 Naspers owns all rights in and to the logos and images that appear on this website, and in those logos and images depicted in Naspers' logo library on www.naspers.com (the "Logos and Images"). The Logos and Images are trademarks and copyrights of Naspers. Naspers' Logos and Images are important assets to Naspers, and represent a high standard of quality and brand recognition that Naspers spent substantial resources developing. Accordingly, the use of Naspers' Logos and Images is limited to editorial use by press agencies, journalists, and students in newspapers, news magazines, trade publications, broadcast media, online media, and educational articles about Naspers and Naspers' goods and services ("Editorial Purpose(s)"). Naspers strictly prohibits the use of its Logos and Images for any non-Editorial Purpose.
7.3.1 Only those third parties who wish to use Naspers' Logos and Images for Editorial Purposes, and those third parties who obtained Naspers' prior, written consent to use its Logos and Images for non-Editorial Purposes, are authorized to use Naspers' Logos and Images ("Authorized Users"). Naspers grants all Authorized Users a revocable, non-exclusive license to use its Logos and Images; subject, however, to Authorized Users' ongoing compliance with the following use requirements ("Use Requirements"), which Authorized Users indicate they read, and agree to be bound by, by downloading Naspers' Logos and Images:
18.104.22.168 Authorized Users must check Naspers' logo library before using a Logo or Image to ensure they are using the current version of the Logo or Image;
22.214.171.124 Authorized Users must reproduce Naspers' Logos and Images exactly as they appeared in Naspers' logo library when they were downloaded;
126.96.36.199 Authorized Users must not alter the color, font style, font size, or stylization of Naspers' Logos and Images;
188.8.131.52 Authorized Users must not use Naspers' Logos and Images in a sentence or text string;
184.108.40.206 Authorized Users must not use Naspers' Logos and Images in combination or conjunction with any other logos, designs, or elements;
220.127.116.11 Authorized Users must use the correct trademark and copyright ownership symbols (i.e., ®, TM, or ©) immediately after using Naspers' Logos and Images;
18.104.22.168 Authorized Users must not re-distribute the materials in which Naspers' Logos and Images appear for other third parties to use or copy; and
22.214.171.124 The goods and services that Authorized Users offer in connection with Naspers' Logos and Images must be of the same standard, grade, and quality of Naspers' goods and services maintained heretofore.
7.3.2 An Authorized User's failure to comply with any of these Use Requirements will result in the revocation of their non-exclusive license to use Naspers' Logos and Images.
7.4 Should you be requested by Naspers or any member of the Naspers Group to stop using any Content and/or the Naspers Trade Marks, then you agree to do so immediately upon receipt of such a request.
7.5 Naspers, members of the Naspers Group and their respective employees and other representatives do not accept or consider unsolicited ideas, including without limitation ideas for new promotions, new or improved products or technologies, marketing plans, new product names, program concepts, scripts, story lines, characters or any other proposals or suggestions. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to Naspers or any of its employees. Any similarity between an unsolicited submission and any elements in any creative work, product or service of Naspers or any member of the Naspers Group would be purely coincidental. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that your submissions will not be treated as confidential or proprietary and do not create any confidential or fiduciary relationship between you and Naspers or any member of the Naspers Group.
8. NO LIABILITY
8.1 You use the Website and the Content entirely at your own risk.
8.2 As far as allowed by law, none of Naspers or any of the members of the Naspers Group will be liable for any damage, loss or liability of whatsoever nature arising directly or indirectly from the use, or inability to use, or reliance on, or the performance of, this Website or the Content or from any Destructive Code in this Website or the Content. As far as allowed by law, this applies even where there is negligence and also applies even if Naspers or members of the Naspers Group have been advised of the possibility of such, damage, loss or liability.
8.3 This Website and Content is supplied on an "as is" and "as available" basis and has not been compiled or supplied to meet the user's individual requirements. Naspers and the members of the Naspers Group do not make any representations or give any warranties of whatever nature relating to this Website or the Content or the use thereof. As far as allowed by law, all representations and warranties of whatever nature relating directly or indirectly to this Website or the Content or the use thereof, and whether implied or imposed by law or otherwise, are hereby disclaimed and excluded.
9.3 Where there are links from this Website to other websites, Naspers is not responsible for the information processing and the privacy policies and practices of those websites operated by third parties. You should read the privacy policies on those websites to understand their data privacy practices. Note that even where you may choose to provide personal information on pages referencing Naspers on certain third party websites, Naspers' receipt of that personal information is controlled by the privacy policies of those third parties, and not these Terms.
9.4 If you have any questions about the information we collect when you use this Website or the Content or how we use it, you can contact us at [email protected].
10. COMPLIANCE WITH LAW
10.1 These Terms and your use of the Website and the Content shall be governed by the laws of the Republic of South Africa. In the context of this Website and the Content, You, Naspers and the members of the Naspers Group agree to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
10.2 If any part of these Terms (or any contract governed or created by the Terms) or the Website or the Content or your use thereof are regulated by or subject to any laws in any jurisdiction (including laws other than those of the Republic of South Africa), it is not intended that any part of these Terms contravenes any provision of such laws in such jurisdiction to the extent they are applicable. Therefore all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the applicable laws are complied with in that jurisdiction.
10.3 No provision of these Terms (or any contract governed or created by these Terms):
10.3.1 does or purports to limit or exempt Naspers or any member of the Naspers Group from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that applicable laws do not allow such a limitation or exemption;
10.3.2 requires you to assume risk or liability for liability or loss (including the kind of liability or clause referred to above), to the extent that applicable laws do not allow such an assumption of risk or liability; or
10.3.3 limits or excludes any warranties, rights or obligations which are implied into the Terms (or any contract governed or created by the Terms) by applicable laws, or which we give under applicable laws, to the extent that applicable laws do not allow them to be limited or excluded.
10.4 Viewing the Content you seek to access may not be lawful in certain jurisdictions. In certain jurisdictions, only certain categories of persons may be allowed to view the Content. You must satisfy yourself that you are not subject to any local requirements or laws that prohibit or restrict you from viewing the Content. You must comply with all requirements and laws that apply to you which prevent or restrict you from viewing the Content.
10.5 Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows and subject to what is stated in the remainder of this clause 10, if any provision of these terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
11. GENERAL AND CONTACT INFORMATION
11.1 The failure by Naspers or any member of the Naspers Group to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.2 These Terms makes up the whole agreement between you and Naspers relating to the use of this Website and the Content.
11.3 If you have any questions, or queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
- Street address:Naspers Centre, 40 Heerengracht, Cape Town, 800, South Africa
- Postal address: PO Box 2271, Cape Town, 8000, South Africa
- General enquiries: + 27(0)21 406 2121
- Email contact:[email protected]