- Binding Nature of these Terms and Conditions
- These terms and conditions govern access to and use of the website.
- By accessing and using the website you are automatically bound and you agree to be bound by the terms and conditions set out herein.
- If you do not wish to be bound by these terms and conditions, you may not access, display, use, download and/or otherwise copy or
distribute the contents obtained at the website.
- In these terms and conditions the following words or phrases have the following meaning:
- "you and your" means the user of the website
- "the content" means the content of the website which includes but is not limited to information, media, data,
literary works, musical works, artistic works, sound recordings, published editions and computer programmes contained,
posted or prescribed on the website.
- "the website" means the Goodyz website located at the domain name goodyz.co.za, and/or the Goodyz website
located at the domain name goodyz.mobi, and/or the Goodyz website located at the domain name goodyz.net, and/or the
Huge Media website located at the domain name hugemedia.co.za, as the context may denote;
- “Huge Media” means Huge Media (Pty) Ltd, registration number 2008/006066/07, a company incorporated in the Republic of South Africa.
- You hereby warrant that you have the required legal capacity to enter into and be bound by the terms and conditions as set out herein.
- If you are unsure whether you have the required legal capacity, or you are under the age of eighteen years of age, you must
discontinue use of the website until you are certain you have such legal capacity.
- Huge Media reserves the right to change, modify, add to or remove portions or the whole of these terms and conditions
from time to time. Changes to these terms and conditions will become effective upon such changes being posted on the website.
- It is your obligation to periodically check these terms and conditions on the website for changes or updates.
Your continued use of the website following the posting of changes or updates will be considered notice of your
acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
- Copyright and Intellectual Property Rights
- The content comprises proprietary works and the compilation of the proprietary works and is
copyright to Huge Media, or the third party owner of such rights, and is protected by South African and international copyright laws.
- Huge Media reserves the right to make any changes to the website, the content and/or any services offered through the
website at any time and without notice.
- All rights in and to the content are reserved and retained by Huge Media or the third party owner of such rights.
- Except as specified in these terms and conditions, you are not granted a license or any other right including without
limitation a right in respect of copyright, trademark, patent or other intellectual property rights, in or to the content.
- Limited Licence for Access
- Huge Media grants to you, subject to these terms and conditions, a non-exclusive, non-transferable,
limited and revocable right to access, display, use, download and otherwise copy the current and future
content for personal, non-commercial and information purposes only, provided all copyright, trademark or
other similar notices contained in the original materials are retained on the copies.
- The website and the content may not be reproduced, duplicated, copied, resold, visited or
otherwise exploited for any commercial purpose without the express prior written consent of Huge Media.
- The license does not allow you to collect product or service listings, descriptions or
other information displayed here, and does not allow any derivative use of the website or the content for the
benefit of any third party whatsoever.
- You may not frame nor use framing technologies to enclose the website or the content nor any part thereof without
the express written consent of Huge Media.
- Huge Media reserves the right to refuse or restrict access to and to remove or edit the content, in its sole discretion.
- Any unauthorised use terminates the licence as set out in this Section.
- Limitation of Liability
- The website and the content on the website, including any current or future offer of services, are
provided on an 'as is' basis and may include inaccuracies or typographical errors.
- Huge Media does not guarantee, represent or warrant that the service will be uninterrupted, without delay,
error-free, omission free or free of viruses.
- Huge Media expressly disclaims all implied warranties, including, but not limited to, merchantability,
title, fitness for a particular purpose, accuracy, non-infringement, compatibility and security.
- Privacy, Access To and Use of Information
- Huge Media receives various types of information from you and others accessing the website.
Huge Media takes every reasonable effort to protect any information received by it.
Despite such efforts, it is possible for internet-based communications to be intercepted.
The internet is not necessarily a secure medium and privacy cannot be ensured. Internet e-mail is
vulnerable to interception and forgery.
- Huge Media will not be responsible for any damages you or any third party may suffer as a
result of the transmission of confidential information that you make to Huge Media through the
internet, or that you expressly or implicitly authorise Huge Media to make, or for any errors or
any changes made to any transmitted information.
- Huge Media is committed to the responsible use of personal information collected on the website
and your right to privacy. The type of information we collect from you and the use to which we put
it is set out hereunder and depends on the purpose of your visit and the information you provide.
- Casual Surfing: You may visit the website without providing any personal information. The website
servers may, in such instances, collect the IP address of your computer, but not the e-mail address or
any other distinguishing information. This information is collected to measure the number of visits,
average time spent at the website, pages viewed and the like. Huge Media uses this information to
determine use of the website and to improve the content. Huge Media assumes no obligation to protect
this information and may aggregate, copy, distribute or otherwise use such information without limitation.
If you post unsolicited information to the website, you grant Huge Media a non-exclusive, royalty-free, perpetual,
irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute and display such information throughout the world in any media and for any purpose.
- Information You Post to The Website:
- You grant Huge Media the right to use the name that you submit in connection with such information.
- You warrant that:
- you own or otherwise control all of the rights to the information that you post;
- the information supplied Huge Media is accurate;
- you do not violate these terms and conditions and do not infringe the rights of any person or entity;
- you indemnify Huge Media for all claims resulting from the receipt by Huge Media of the information you supply to it.
- Solicited Information You Give to Huge Media:
- Huge Media requires certain information to process requests if you require or use any of Huge
Media’s services. Huge Media receives and stores all information you enter on the website or give to Huge
Media in any other way.
- You may choose not to provide certain information, but that may limit the Huge Media services that you obtain or use.
- Huge Media, in certain instances, provides its services in conjunction with certain third parties. In this regard
and unless specifically restricted by you from the licence below, you grant to Huge Media and such third parties, a
non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute and display such information throughout the world in any
media and for any purpose.
- Huge Media reserves the right but not the obligation to monitor and edit or remove any
information, where posted to public pages. Huge Media takes no responsibility and assumes no
liability for any information posted by you or any third party.
- Promotional Information: Huge Media aspires to provide first class service to its clients,
which necessitates Huge Media providing information to you regarding various aspects of the Huge
Media services. In each instance, you are provided an opportunity to opt-out of such informative circulars.
- Legal Obligation To Disclose: When Huge Media is required by law to disclose any information
provided by you, it has the legal obligation to do so and will comply with this.
- Surveys: Huge Media may periodically conduct on-line surveys to facilitate the updating of services and
service levels. When it conducts a survey, Huge Media will inform you how the information gathered will be
used and will provide you with the opportunity to opt-out from such surveys.
- Cookies: Huge Media may use cookies on the website. Cookies are small text files placed on your computer
when you first visit the site. Most browsers now recognise when a cookie is offered and permit you to refuse
or accept it. If you are not sure whether your browser has this capability, you should check with the software
manufacturer, your company's technology help desk or your Internet service provider.
- Links
- Third party links are provided as a convenience to you. Huge Media does not control and is not
responsible for any of these sites or their content.
- Huge Media specifically prohibits:
- hyperlinks that disguise the URL and bypass the homepage;
- framing, in-line links or metatags;
- the unauthorised use of the Goodyz and Huge Media logos or any other trademarks owned by Huge Media.
- Competitions and Promotions
- To be eligible for competitions and promotions, entrants or participants must reside in the Republic of South Africa,
unless otherwise stated.
- The deadline or validity period for competitions and promotions will be as specified on the relevant web-site(s).
- The outcome of competitions is subject to the decision of Huge Media, whose decision is final, and no negotiations and / or correspondence will be entered into after the fact.
- By participating in the competition or promotion, participants agree to release and will hold Huge Media harmless from any and all losses, harm, damages, rights, claims and actions of any kind in connection with the competition, promotion or special offer or resulting from the participation in any competition or acceptance, possession, use or receiving of any prize, including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.
- Huge Media reserves the right, in its sole discretion, to cancel or suspend any competition or promotion without notice; In the event that a competition or promotion is cancelled or suspended, all participants agree to waive any rights that they may have in terms of the competition or promotion and acknowledge that they have no recourse against Huge Media, their employees, agents, partners, suppliers, sponsors or promoters; further, any agreement or transaction entered into, or payment made by or under it, would not give rise to any legal relationship, rights, duties or consequences whatsoever, nor will be legally enforceable, nor the subject of litigation, but all such arrangements, agreements and transactions would be binding in honor only.
- Prize winners will be notified by Huge Media and their information may be published on the relevant web-site(s).
- Only one participant per household will be entitled to win one prize in each competition or promotion.
- If a prize is not claimed within 30 days of the prize-winner being announced, the winner will forfeit the prize and Huge Media reserves the right to cancel, redistribute or dispose of the prize, at its discretion.
- Prizes may not be exchanged for cash or any other prize, nor are they transferable to a third party.
- Participants must have attained the age of eighteen (18) at the time of the competition, unless otherwise stipulated.
- Huge Media reserves the right to limit the number of entries made by any one entrant or participant for a competition, or to only consider the first entry received from each participant.
- Where public draws take place participants or entrants will forfeit their participation in the competition if they fail to attend the draws, unless specified otherwise.
- No member of Huge Media and / or any of their affiliated companies or agencies, and members of their immediate family; nor members of the sponsors of any competition, or any of their affiliated companies or agencies, and members of their immediate family, may enter any of the competitions offered partly or in whole by Huge Media.
- Huge Media and its sub-contractors are not responsible for lost, delayed, misdirected, unintelligible or incomplete electronic mail, telephone, electronic hardware and software program, network, internet and computer malfunctions, failures and difficulties, errors in transmission or any condition caused by events beyond the control of Huge Media which may cause the competition to be disrupted or corrupted.
- Winners of specific competitions accept that certain other conditions may apply as prescribed by Huge Media or the respective sponsor of the specific competition or promotion.
- Subject to sponsor conditions or other agreements, Huge Media undertakes to deliver prizes to respective winners only where such winners are located and reside within the geographical area defined by the specific competition. Winners resident or located anywhere outside of the defined area will be accountable for any costs incurred by the collection or receiving of any prize/s that they have won.
- The participants or entrants entering or taking part in the competition authorize Huge Media to publish or distribute any or all of their details, and / or to take pictures of the participant, or use the participant’s details or photograph(s), in any advertising or promotional material without any liability on the part of Huge Media and / or remuneration due to the entrant or participant.
- Any violation or attempt to violate any of the above terms and conditions will result in the immediate disqualification of the entrant or participant.
- General
- The website is controlled, operated and administered by Huge Media from its offices as set out on the
website within the Republic of South Africa. Huge Media makes no representation that the content is
appropriate or available for use in other locations or countries. Access to the website from territories or
countries where the content is illegal, is prohibited.
- You may not use the website in violation of South African export laws and regulations.
- If you access the website from locations outside of South Africa, you are responsible for compliance with all local laws.
- These terms and conditions shall be governed by the laws of the Republic of South Africa and you
consent to the jurisdiction of the relevant High Court located in Gauteng in the event of any dispute.
- If any of the provisions of these terms and conditions are found by a court of competent jurisdiction
to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to
give effect to the intent of these terms and conditions and the remainder of these terms and conditions shall
continue in full force and effect.
- These terms and conditions constitute the entire agreement between Huge Media and you with regard to the use
of the content and the website.
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