Terms and Conditions
Acceptance of these terms and conditions
- This web site, which is accessible at https://www.mims.co.za ("this web site"), is made available by MIMS, a division of Arena Holdings registration number: 2012/074397/07 ("the owner").
- The terms and conditions set out below, including any additional document incorporated by reference ("Terms and Conditions"), apply to any person who uses, accesses, refers to, or views any part of this web site ("you" or "your" including cognitive terms).
- Subject to clause 1.5 below, these terms and conditions set out the terms and conditions on which you may use, access, refer to, or view (individually and collectively referred to as "use") this web site and the information, content, products or services available on or through this web site ("the web site content"), whether or not the web site content is provided by or belongs to the owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The web site content includes but is not limited to any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in this web site.
- Once you have read these terms and conditions, you are required to signify your agreement to comply with these terms and conditions by clicking the "I have read and accept these terms and conditions" button. If you do not agree with these terms and conditions, you are required to signify your rejection of these terms and conditions by clicking on the "I do not accept these terms and conditions" button.
- If you accept these terms and conditions, you must comply with all of these terms and conditions. If you do not agree to these terms and conditions, you will not be allowed to use this web site and the web site content, and you must immediately delete all copies of the web site content in your possession or under your control. This includes, but is not limited to, any web site content which has been copied or cached by you.
- In addition to these terms and conditions, you acknowledge that the owner may at any time impose additional terms and conditions relating to any service, content, products, facilities or functionality which is made available by the owner, or the owner's affiliates, subsidiaries, holding companies or partners, by way of this web site or otherwise ("the additional terms and conditions"). If you wish to use these services, content, products, facilities or functionality, you must agree to the additional terms and conditions.
- You are allowed to print a copy of these terms and conditions. If you have any difficulty printing these terms and conditions or require assistance in obtaining a hard copy or electronic copy of these terms and conditions or of the additional terms and conditions, contact Riëtte van der Merwe on +27 11 280 5856.
- All orders are in South African Rand
- You may return your printed book order within 5 (five) working days of your order at your cost. You will be refunded in full within 30 (thirty) working days. No digital subscriptions are refundable.
- Country of domicile: South Africa
Scope of permitted use
- Subject to these terms and conditions, and any additional terms and conditions, you may only use this web site and the web site content to view, refer to, or print this web site and the web site content for lawful personal and non-commercial purposes ("the permitted use"). The permitted use does not extend to the source code of this web site or of the source code of any software or computer program that forms part of the web site content.
- You are not allowed to perform any act which is not fair use within the context of the scope of the permitted use or which has not been expressly approved by the owner in writing ("the prohibited acts"). The prohibited acts include (but are not limited to) framing, modifying, distributing, commercialising, exploiting or altering of the web site or the web site content or incorporating any part of the web site content in any other work or publication. These terms and conditions and any restrictions on the use of this web site or the web site content will also apply to any part of this web site or the web site content which is cached when using this web site or the web site content.
- You must get the owner's prior written approval if you wish to perform any of the prohibited acts, whether electronically or otherwise. Requests for approval must be submitted to Riëtte van der Merwe on +27 11 280 5856. The owner is entitled, in its sole discretion, to withhold or grant consent. The owner may also impose any conditions on any consent which is granted.
- When printing the web site or the web site content, you must ensure that the following copyright notice appears prominently on every page which is printed: "Copyright MIMS, a division of Arena Holdings . All rights reserved."
The owner may, at its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
- The operation of this web site or any of the web site content; or
- Your right to use this web site or any of the web site content.
- You may not transfer any rights granted to you in terms of these terms and conditions to any other person or entity.
- The owner is allowed to grant the same, similar, additional or different rights to any other person or entity.
- You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for purposes of the permitted use.
Exclusion of liability for use of this web site and the web site content
- Use of this web site and the web site content is entirely at your own risk.
- Subject to the provisions of the Electronic Communications and Transactions Act, No. 25 of 2002 ("the ECT Act") and to the fullest extent allowed by law, the owner will not have any liability whatsoever in relation to this web site and the web site content. You hereby indemnify the owner against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this web site or the web site content, or any actions or transactions resulting there from, even if the owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
- In addition to the general scope of clauses 3.1 and 3.2 above and to the fullest extent allowed by law, the owner will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this web site or the web site content for any reason whatsoever.
- To the fullest extent allowed by law, if any of the limitations or exclusions of the liability of the owner in these terms and conditions are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of the owner to you exceed R50,000.
- For the purposes of this clause 3 and clause 5 below, any reference to the owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the owner.
Exclusion of warranties and representations
- Any views or statements made or expressed on this web site are not necessarily the views of the owner, the owner's affiliates, subsidiaries, holding companies, partners, employees, officers, servants and/or agents.
- This web site and the web site content is provided "as is" and is subject to change without notice.
- Subject to the provisions of the ECT Act, this web site and the web site content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this web site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the web site content.
- The owner also makes no warranty or representation, whether express or implied, that the web site content is free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
- The owner does not accept any responsibility for any errors or omissions on this web site or the web site content.
- You must not rely on any warranty or representation, which allegedly induced you to agree to these terms and conditions, unless the representation or warranty is recorded in these terms and conditions.
- This web site and the web site content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any institution, investment, service or product.
- You must not enter into any transactions, make any investments, make decisions of any nature, including, without limitation, any financial or investment decisions, or incur any loss or liability based partly or wholly on the web site content. You should always obtain independent expert advice prior to making any investment or other decisions.
- To the extent that the web site content relates to any stock exchanges, financial markets, financial products, securities, derivatives, units, funds, currencies and/or exchange rates, you acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance of any security, unit, fund, product, stock exchange, derivative or financial market does not mean that such performance will be repeated or should be relied upon in any way.
References and links to and from other web sites, products and services
- This web site may contain references or links to other web sites ("other web sites") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these other web sites or the opinions, products, services or conduct of third parties. Your use of other web sites or the products or services of third parties will be entirely at your risk.
- Subject to the provisions of the ECT Act and to the fullest extent allowed by law, the owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of other web sites or the opinions, products or services of third parties.
- You may not make (and you may not allow any third party to make) any reference to the owner, this web site or the web site content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the owner in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.
- The web site content, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the owner and/or third parties. Any unauthorised use of the web site content is prohibited.
- Subject to clause 2 above, you will not acquire any right, title or interest in or to this web site or the web site content other than those rights expressly granted to you in these terms and conditions. Your rights of use are subject to these terms and conditions.
- Where any of the web site content has been licensed to the owner or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Your behaviour when using this web site
You may not use this web site to obtain or distribute:
- Copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner;
- Material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
- Material which is defamatory, unlawful or contains hate speech; or
- Bulk e-mail, whether solicited or unsolicited.
- You must not interfere with or jeopardise the functionality or the operation of any part of this web site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this web site.
- You are strictly prohibited from using this web site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
- You may not intercept any information transmitted to or from the owner or this web site which is not intended by the owner to be received by you.
- You must respect other users of this web site at all times.
Variation of certain deeming provisions in the ECT Act
By using this web site, you agree that these terms and conditions create a binding agreement between the owner and you, even though these terms and conditions are wholly or partly in the form of a data message. You agree specifically that:
- The agreement will be treated as if it was concluded at the owner's physical address detailed in clause 10.1 below on the date on which you first made any use of this web site;
- An electronic signature is not required by you or the owner for purposes of agreeing to these terms and conditions. You agree that by using this web site or the web site content this will be sufficient evidence of your agreement to these terms and conditions;
- Any data message sent by you to the owner will be deemed to have been sent from the owner's physical address detailed in clause 10.1 below if neither your usual place of business nor residence is located within the Republic of South Africa.
- Any data message sent by the owner to you will be deemed to have been received by you at the owner's physical address detailed in clause 10.1 below if neither your usual place of business nor residence is located within the Republic of South Africa;
- Any communication sent to you by an information system programmed to operate automatically on behalf of the owner will not be a data message attributable to the owner or authorised by the owner;
- Subject to clause 8.1.5 above and clause 10 below of these terms and conditions, a data message sent by you to the owner will only be treated as having been received by the owner when an acknowledgement of receipt is sent by the owner personally or a person who had authority to act on behalf of the owner in respect of that data message; and
- This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
Discussion forums and bulletin boards
- Discussion forums and/or bulletin boards ("the forums") may, from time to time, be made available on the web site.
By you posting or publishing any content on the forums, you:
- Grant to the owner a non-exclusive, royalty free, irrevocable licence to use, publish, disseminate, distribute, reproduce, adapt, and/or sub-licence such content on the web site and/or to any of its affiliated publications and to use the content for, amongst others, its promotional, marketing and research purposes;
- Acknowledge and agree that while the owner is unable to review all content posted in the forums, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;
- Acknowledge that should you disclose your personal information in any of the forums, your personal information may be viewed, collected and/or used by any other party using the web site. In such circumstances, you agree that the owner shall not be obliged to protect your personal information or any other interest in law or otherwise, and you indemnify the owner from any loss (whether direct, indirect or consequential) you may suffer as a result of any party being privy to your personal information;
- Agree that you may use the forums only for personal non-commercial purposes.
You further agree not to post or publicise:
- Any content which may be considered, amongst others, abusive, obscene, defamatory, pornographic or illegal;
- Off-topic content, or the same content in multiple forums;
- Any content that may, in the opinion of the owner, be seen as (without limitation) solicitation of funds or advertising of goods or services;
- You acknowledge and agree that the owner shall be entitled, in its sole discretion and for any reason, to prohibit you, from participating in any discussion in any of the forums.
Interception and monitoring
- You agree that your communications on this web site may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by the owner or any other competent authority.
- We have updated this policy to comply with the European Union’s General Data Protection Regulation (GDPR) and South Africa’s Protection of Personal Information Act (Popia).
- This policy applies to you if you are:
- a visitor to our website; or
- a customer who has ordered, registered for or uses the services that we provide.
- Personal data includes:
- certain information that we collect automatically when you visit our website;
- certain information collected on registration (see below);
- certain information collected on submission; and
- optional information that you provide to us voluntarily (see below);
- but excludes:
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum, including any blog, chat room, community, classifieds or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal data subject to protection under this policy).
- Common examples
Common examples of the types of personal data we may collect and process include your:
- identifying information – such as your name, date of birth, or identification number of any kind;
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address; or
- demographic information – such as your gender or marital status.
Sensitive personal data
- Depending on the services that you require, we may also collect sensitive personal data, including your:
- financial information – such as your bank account details;
- sensitive demographic information – such as your race or ethnicity; and
- employment information – including your job title and the industry you work in.
Acceptance of this policy
- Acceptance required
- You must accept all the terms of this policy when you register for, or use the website or any of our services. If you do not agree with anything in this policy, then you may not register for or use the website or any of our services. You may not register for or use the website or any of our services if you do not accept this policy.
- You may not access our website or order our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
- By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
- You may only send us your own personal data or the information of another data subject where you have their permission to do so. Our website may give you the option to post information in a way that is publicly accessible and may be collected by others (such as via comments on articles). You are responsible for any personal data that you post in this way.
- We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website, or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our services. If you continue to use the website or our services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
Collection of data
- On registration
- Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal data.
This personal data will include:
- your name and surname;
- your email address; and
- your username and password.
- We will use this personal data to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
- When you order any services from us, you may be asked to provide us with additional information on a voluntary basis (services information). This information may include:
- your ID number;
- your postal address or street address; and
- your telephone number.
- Please note that other websites you visited before entering our website might place personal data within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal data.
- Our website may contain electronic image requests (called a single-pixel GIF or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal data. We merely use them to compile anonymous information about our website.
- You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
- We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.
Purpose for collection of data
- We may use or process any services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal data, disclosing it, and combining it with other personal data. We generally collect and process your personal data for various purposes, including:
services purposes – such as providing our services;
- marketing purposes – such as pursuing lawful related marketing activities, including business intelligence (including website activity and market research);
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
Consent to collection of data
- We will obtain your consent to collect personal data:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
Use of data
- We may use your personal data to fulfil our obligations to you. This could include delivering newspapers to you, allowing you to access exclusive content on our website, billing you for our services, or improving our offerings.
Messages and updates
- We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt in to receive them. You can choose to opt out of receiving promotional messages.
- While you are logged into the website, we may display targeted adverts and other relevant information based on your personal data. In a completely automated process, computers process the personal data and match it to adverts or related information. We never share personal data with any advertiser, unless you specifically provide us with your consent to do so.
- Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal data. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal data to advertisers with the referring URL. Once you are on the advertiser’s website, however, the advertiser is able to collect your personal data.
Disclosure of data
- We may share your personal data with:
- other divisions or companies within the group of companies to which we belong to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
- our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply to us or services they perform for us and not for their own benefit);
- credit bureaus to report account information, as permitted by law;
- banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria);
- social media platforms when you use tools or functionality on our website provided by those platforms (such as "recommend" or "share" buttons); and
- other third parties who provide us with relevant services where appropriate.
- We may disclose your personal data as required by law or governmental audit.
- Law enforcement
We may disclose personal data if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public; and
- to prevent violation of our customer relationship terms.
No linked websites
- We do not share personal data with any websites linked to on our site, unless they are a party with whom we are allowed to share personal data, as indicated in this policy. Please check these websites’ own privacy policies before sharing your personal data with them.
- We may disclose aggregate statistics (information about the customer population in general terms) about the personal data to advertisers or business partners.
- We may need to disclose personal data to our employees that require the personal data to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel. Any of our employees or personnel that handle your personal data will have signed non-disclosure and confidentiality agreements.
Change of ownership
- If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal data we process to a successor, purchaser or separate entity. We will disclose the transfer on the website. If you are concerned about your personal data migrating to a new owner, you may request us to delete your personal data.
- We take the security of personal data very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal data only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Accurate and up to date
- We will try to keep the personal data we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal data on the website. You are able to review or update any personal data that we hold on you by accessing your account online, emailing us or phoning us.
- Please note that in order to better protect you and safeguard your personal data, we take steps to verify your identity before granting you access to your account or making any corrections to your personal data. Throughout your interaction with us you retain the right to rectify personal data that is incorrect or inaccurate. This does not apply if we process your personal data in our capacity as an operator or processor on behalf of a responsible party or data controller.
Retention of data
- We will only retain your personal data for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
Without limiting the above, we may store the following types of personal data for the following durations:
- account and subscription data – 5 years after the most recent transaction;
- business intelligence – 36 months;
- comments on articles – the lifetime of the article;
- site features and preferences – the lifetime of your account;
- customer service communications – 7 years.
- During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal data.
- We may retain your personal data in physical or electronic records at our discretion.
Transfer to another country
- We may transmit or transfer personal data outside the country in which it was collected to a foreign country and process it in that country. Personal data may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal data may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal data in a foreign country whose laws regarding processing of personal data may be less stringent.
Updating or removing
- You may choose to correct or update the personal data you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email (please also see additional information under Enquiries).
- You are entitled to a right to be forgotten. We will delete any personal data that you don’t want us to have. If you do this, we will remove your personal data from our system, but we may still retain certain personal data as required or allowed by law, including:
- where we can show legitimate grounds for processing your personal data that override your request; or
- where we process your personal data in order to establish, exercise or defend legal claims.
- You understand that if we delete your data from our system, we may be unable to continue providing some or all of our services to you.
- If you are a data subject of one of our customers (who is the data controller), then you must submit your request to the relevant data controller who will then delete your personal data.
Restriction of processing
- You may request that we restrict the use of your personal data. When we restrict your personal data we still have the right to store it but not use it. You can ask that we do this verbally or in writing (which writing may be in an electronic form) via the forums described in this policy. We will respond to the request within 30 days.
- If you should wish to transfer your data from us to another data controller, we will facilitate this transfer. We will pass on all of our personal data to the data controller.
- If you are a data subject of one of our customers (who is the data controller), then you must submit your request for your personal data to the relevant data controller, who will then export your personal data as a Microsoft Excel or CSV file.
- We will notify our customers of any confirmed data breaches that has occurred. It is our customers’ responsibility to notify relevant supervisory authorities and any affected data subjects of the data breach.
- We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of any linked or third-party websites.
- If you want to update or remove your personal data, restrict how we process it, or opt in or out of receiving newsletters or other promotional content, please contact us: Telephone: 011 280 5856 or Email: firstname.lastname@example.org
- Registered users can also edit their name and surname on the website itself or change their email newsletter preferences. Once you've signed in, hover the mouse over your name displayed at the top of the website and click the “Profile” label that appears (on your mobile phone, click on the menu bar at the top right to find the “Profile” option) to find your personal information and newsletter preferences.
- If you have any complaints about the way we handle your personal data, please contact our data protection officer as described above, so that we can resolve it. You may choose, however, to approach a supervisory authority instead, including:
- the data protection authority in your jurisdiction, where you are covered by the EU GDPR; or
- the South African Information Regulator.
- You can find out who your data protection authority, commissioner or regulator is by visiting this website.
Variation of these terms and conditions
- Subject to the variations or amendments provided for in terms of clause 12.2 below, no other variation or amendment, in any form whatsoever, of these terms and conditions will be enforceable or binding on the owner unless the owner has agreed to such variation or amendment in writing.
- The owner is entitled and reserves the right to vary or amend these terms and conditions from time to time and in its sole discretion ("amended terms and conditions"). These amended terms and conditions will be displayed on this website. On the first occasion on which you use this website after the amended terms and conditions have been displayed on this website, if you continue to use this website after having had a reasonable opportunity to review the amended terms and conditions, the amended terms and conditions will immediately be treated as being effective and binding on you.
- It is your responsibility to access and familiarise yourself with any amended terms and conditions on each occasion that you make use of this website or the website content.
Addresses for notices:
- Except where stated otherwise in these terms and conditions, the owner's address for the service of any notice is:
- Postal address: PO Box 1746, Saxonwold, Johannesburg, South Africa, 2132
- Physical address: Hill on Empire, 16 Empire Road, Parktown, Johannesburg, 2193
- Email: Riëtte van der Merwe on email@example.com Tel: +27 11 280 3000
- All notices to the owner must be marked for the attention of Riëtte van der Merwe. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the owner and also either delivered by hand to the physical address of the owner or sent to the email address of the owner.
- Notices given to the above addresses will only be deemed to have been duly given:
- three days after delivery, if delivered by hand to the owner's physical address;
- three days after confirmed successful transmission, if sent to the owner's email address.
Disputes, claims and legal proceedings:
- Subject to clause 13.2.4 below, any dispute declared by you and any claim that you may have against the owner arising out of or in connection with these terms and conditions or the use of the website or the website content, including after termination, cancellation or amendment of these terms and conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement act and will take place in accordance with the commercial arbitration rules of the Arbitration Foundation of Southern Africa.
- Subject to clause 13.2.4 below, if the owner declares a dispute with you, or wishes to institute any claim or legal proceedings against you arising out of or in connection with these terms and conditions or your use of the website or of the website content, the owner reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these terms and conditions.
- You agree that the owner is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these terms and conditions or your use of the website or of the website content, in any magistrate's court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
- Neither you nor the owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
- Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the owner arising out of your use of this website or the website content, or a breach of these terms and conditions, will be borne by you.
- You may not cede, assign or transfer any of your rights and obligations in these terms and conditions without the prior written consent of the owner.
- The owner is entitled to cede, assign or transfer any of the owner's rights and obligations in these terms and conditions without your prior written consent and without notice to you.
- The clause headings in these terms and conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these terms and conditions.
- Any reference in these terms and conditions to the singular includes the plural and vice versa. Any reference in these terms and conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.
Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
- defined in these terms and conditions will bear the same meaning throughout these terms and conditions;
- not defined in these terms and conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
- A copy of the ECT Act can be viewed and downloaded at http://bit.ly/2b0ASTR.
- It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.
- In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
- References to "writing" or notices "in writing" by the owner in these terms and conditions only includes writing on paper signed in ink by an authorised representative of the owner and specifically excludes any writing that may be in electronic form.
- No relaxation or indulgence that the owner may grant to you will be deemed to be a waiver of any of the owner's rights in these terms and conditions or in law.
- In the event of any conflict between these terms and conditions and any additional terms and conditions, the additional terms and conditions will prevail.
- The termination of the agreement created by these terms and conditions will be without prejudice to any other rights or remedies that you or the owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of you or the owner nor the coming into or continuance in force of any provision of these terms and conditions that is expressly or by implication intended to come into or continue in force on or after such termination.
What information do you collect and how are you collecting it?
- Every computer connected to the internet is given a domain name and a set of numbers that serve as its IP address. When you visit a page on any website within our network, our web servers recognise your domain name and IP address. We use this information to examine our traffic in aggregate, but do not collect and evaluate the data for individuals. Our servers do not record your email address.
What are cookies?
- From time to time, MIMS or its advertisers may send a "cookie" to your computer. A cookie is a small piece of data sent to your browser from a web server and stored on your computer's hard drive. It cannot read data from your hard disk or read cookie files created by other sites. Cookies do not damage your system. We use them to identify which areas of MIMS’s websites you have visited or customised, so the next time you visit, those pages are easily accessible.
What other information do you request?
- We may request your email or postal address or phone number for the purpose of conducting a survey or to provide additional services (for example, subscriptions to email newsletters and SMS alerts after you have registered as a user of MIMS). Whenever we request your identity, we will indicate the purpose of the enquiry before the information is requested.
- We maintain a strict "no-spam" policy – we will not give your email address to a third party without your consent. In addition, we will not send you email that you have not agreed to receive, although we may from time to time send you an email announcing new products and services.
- If you choose to supply your postal address in an online form, you may receive mailings from other reputable, third-party companies. If you choose to purchase something online, we need to know your name, email address, mailing address, credit card number and credit card expiry date. This allows us to process and fulfil your order and to notify you of your order status. This information may also be used by us to notify you of related products and services; but will not be shared with or sold to third parties.
- When you enter a contest or other promotion, we may ask for your name, address and email address so we can administer the contest and notify winners.
Will you disclose the information you collect to third parties?
- We will disclose personal information when required by law or in the good-faith belief that such action is necessary to:
- conform to the edicts of the law or comply with a legal process served on MIMS;
- protect and defend the rights or property of the MIMS network of sites;
- identify people who may be violating the law, a legal notice or the rights of third parties; and
- co-operate with the investigation of purported unlawful activities.
- We use reasonable precautions to keep the information disclosed to us secure. Furthermore, we are not responsible for any breach of security or the actions of any third parties that receive the information. MIMS also links to a variety of other sites and contains advertisements of third parties. We are not responsible for their privacy policies or how they treat information about their users.
What else should I know about my privacy when online?
- We do not share with any of the sites to which we link any of the individual information you provide to us, although we may share aggregate data with such websites, such as data on how many people use our site. Please check with those sites to determine their privacy policies.
- Keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. In short, if you post personal information that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are the one responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.
Your consent to this agreement
Contact Details/Help Line:
Tel: +27 11 280 5533
Fax: +27 11 328 2559
Riëtte van der Merwe
Tel: +27 11 280 5856
Fax: 086 675 7910
PO Box 1746
Hill on Empire
16 Empire Road