THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE BICYCLING WEBSITE OR ANY PART THEREOF (THE BICYCLING WEBSITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF THE USER DOES NOT AGREE TO THESE TERMS AND CONDITIONS THE USER MUST LEAVE THE BICYCLING WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND THE USER TO THESE TERMS AND CONDITIONS. A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
DEFINITIONS AND INTERPRETATION
- a. References herein to the BICYCLING website or content shall include any part thereof;
- b. References herein to User(s) means any person who access the BICYCLING website, notwithstanding the fact that such a person only visited the home page of the BICYCLING website;
- c. References herein to the singular includes the plural and vice versa; and
- d. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
1.1 BICYCLING is the world’s leading cycling magazine and connects with millions of active, affluent professionals for whom cycling is the centerpiece of a vibrant, experiential lifestyle. Bicycling’s unique combination of travel, gear, fitness, style and award-winning stories — all surrounded by vivid photography and framed in elegant design — brings the sport to life for passionate readers who take us along for every ride.
2. ALLOWED USE AND LICENSE
- 2.1. BICYCLING licenses the User to view, copy, download and print the content of the BICYCLING website, provided that:
- 2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
- 2.1.2 any reproduction of content from the BICYCLING website includes the following copyright notice: © BICYCLING 2014. ALL RIGHTS RESERVED.
- 2.2 Content from the BICYCLING website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of BICYCLING.
- 2.3 Users may only access and use the BICYCLING website for legal purposes.
- 2.4 Use of content from the BICYCLING website in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
- 2.4.1 does not copy or provide the whole article, as it appears on the BICYCLING website, but only provide a short summary of the contents of the article;
- 2.4.2 acknowledges BICYCLING as the source of the content;
- 2.4.3 provides a correct and working hyperlink to the source of the content or article on the BICYCLING website;
- 2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the BICYCLING website; and
- 2.4.5 includes the date upon which the content was sourced from the BICYCLING website in the summary of the content.
- 2.5 The caching of the BICYCLING website shall only be allowed if :
- 2.5.1 The purpose of the caching is to make the onward transmission of the content from the BICYCLING website more efficient;
- 2.5.2 The cached content is not modified in any manner whatsoever;
- 2.5.3 The cached content is updated at least every 12 (twelve) hours; and
- 2.5.4 The cached content is removed or updated when so required by BICYCLING.
- 2.6 If any person uses content from the BICYCLING website in breach of the provisions detailed herein:
- 2.6.1 BICYCLING reserves the right to claim damages from such person; and
- 2.6.2 BICYCLING shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
- 2.7 Hyperlinks to the BICYCLING website from any other source shall be directed at the home page of the BICYCLING website. BICYCLING shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the BICYCLING website, if such content was accessed through a hyperlink not directed at the home page of the BICYCLING website. Persons that wish to link to content beyond the home page of the BICYCLING website shall do so at their own risk and undertake to indemnify BICYCLING against any loss, liability or damage that may result from content on the BICYCLING website, if such content was accessed through a hyperlink not directed at the home page of the BICYCLING website. BICYCLING’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
- 2.8 Users may quote small and reasonable amounts of content available from the BICYCLING website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
- 2.9 No person may frame the BICYCLING website, in any manner, without the prior written consent of BICYCLING.
- 2.10 Apart from bona-fide search engine operators and use of the search facility provided on the BICYCLING website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the BICYCLING website for any purposes, without the prior written consent of BICYCLING.
- 2.11 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by BICYCLING at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
- 3.1 All intellectual property on the BICYCLING website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to BICYCLING and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the BICYCLING website are expressly reserved.
- 3.2 “BICYCLING” is a registered trademark and Users agree not to use the BICYCLING trademark or the “24” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Media24 Ltd at the cost of the User.
4. SOFTWARE AND EQUIPMENT
- It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the BICYCLING website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
- Access to the services and content available from the BICYCLING website is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and BICYCLING has the duty to disclose the following information:
- 5.1 The full name and legal status of the we site owner: BICYCLING, a division of Media24 Ltd, Reg. No. 1950/038385/06;
- 5.2 Street address: 4 Adderley Street, Absa Centre, Cape Town, 8000;
- 5.3 Postal address: PO Box 1802, Cape Town, 8000;
- 5.4 The website addresses of the BICYCLING web site is: www.BICYCLING.co.za;
- 5.5 Membership of self-regulatory or accreditation bodies: BICYCLING is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
- 5.6 Codes of conduct to which the BICYCLING website subscribes: BICYCLING’s editorial policy is aligned to practises of the constitution of the Republic of South Africa;
- 5.7 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the BICYCLING web site may be downloaded from:
- 5.8 Management: The identities and contact details of the BICYCLING management team are available from:
- 5.9 Management information of Media24 Ltd is available from:
- 5.10 Costs: Access to content on the BICYCLING website is free to any person who subscribes to these terms and conditions. Access to some pages on the BICYCLING website may be restricted to persons who registered through the “Sign me in” function and/or persons who are subscribers to the forum. Notwithstanding the a foregoing, BICYCLING may, in future, charge fees for access to the BICYCLING website;
- 5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 5.11.1 access to the BICYCLING website;
- 5.11.2 the inability to access the BICYCLING website;
- 5.11.3 the services and content available from the BICYCLING website; or
- 5.11.4 these terms and conditions,
- shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website:
- 5.12 Cooling-off period: As far as practically possible, Users have the right to return services provided from the BICYCLING website within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
- 5.13 User may lodge complaints concerning the BICYCLING website with BICYCLING, Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.
6. CHANGES AND AMENDMENTS
- BICYCLING expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- 6.1 change these terms and conditions;
- 6.2 change the content and/or services available from the BICYCLING website;
- 6.3 discontinue any aspect of the BICYCLING website or service(s) available from the BICYCLING website; and/or
- 6.4 change the software and hardware required to access and use the BICYCLING website.
- 7.1BICYCLING shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
- 7.2 BICYCLING may electronically collect, store and use the following personal information of Users:
- 7.2.1 name and surname;
- 7.2.2 birth date;
- 7.2.3 gender;
- 7.2.4 country of residence;
- 7.2.5 closest city;
- 7.2.6 non-personal browsing habits and click patterns;
- 7.2.7 e-mail address; and
- 7.2.8 IP address.
- 7.3 BICYCLING collects, stores and uses the abovementioned information for the following purposes:
- 7.3.1 to greet the User when he/she accesses the BICYCLING website;
- 7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the BICYCLING website;
- 7.3.3 subject to the User’s consent, inform the User about competitions and special offers from BICYCLING and/or its partners / affiliates;
- 7.3.4 to provide the User with targeted advertising when he/she accesses the BICYCLING website or the websites of BICYCLING partners / affiliates; and
- 7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the BICYCLING website.
- 7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
- 7.5 The User may elect not to receive any communications from BICYCLING and/or its partners / affiliates.
- 7.6 BICYCLING may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- 7.6.1 BICYCLING shall not disclose personal information from Users unless the User consents thereto;
- 7.6.2 BICYCLING shall disclose information without the User’s consent only through due legal process; and
- 7.6.3 BICYCLING may compile, use and share any information that does not relate to any specific individual.
- 7.7 BICYCLING owns and retains all rights to non-personal statistical information collected and compiled by BICYCLING.
8. HYPERLINKS TO THIRD PARTY SITES
- BICYCLING may provide hyperlinks to websites not controlled by BICYCLING or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. BICYCLING does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
- 9.1 BICYCLING shall take all reasonable steps to secure the content of the BICYCLING website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, BICYCLING does not make any warranties or representations that content shall be 100% safe and secure.
- 9.2 BICYCLING is under no legal duty to encrypt any content or communications from and to the BICYCLING website and is also under no legal duty to provide digital authentication of any page on the BICYCLING website.
- 9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the BICYCLING website or the server and computer network that support the BICYCLING website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the BICYCLING website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BICYCLING harmless against any and all liability, damages and losses BICYCLING and its partners / affiliates may suffer as a result of such damaging code.
- 9.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by BICYCLING and its partners / affiliates. The ECT Act may be downloaded from:
10. DISCLAIMER AND LIMITATION OF LIABILITY
- 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, BICYCLING (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- 10.1.1 access to the BICYCLING website;
- 10.1.2 access to web sites linked to the BICYCLING website;
- 10.1.3 inability to access the BICYCLING website;
- 10.1.4 inability to access web sites linked to the BICYCLING website;
- 10.1.5 content available on the BICYCLING website;
- 10.1.6 services available from the BICYCLING website;
- 10.1.7 any other reason not directly related to BICYCLING’s gross negligence.
- 10.2 The BICYCLING website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with BICYCLING, that the content and services available from and through the BICYCLING website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
- 10.3 Information, ideas and opinions expressed on the BICYCLING website should not be regarded as professional advice or the official opinion of BICYCLING and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the BICYCLING website.
- 10.4 This website is directed primarily at Users in the Republic of South Africa and therefor BICYCLING shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
- 10.5 BICYCLING sources content from various third parties and does not editorially control the content provided by such third parties and BICYCLING only serves as an electronic distribution platform for such third party content. Therefore BICYCLING shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the BICYCLING website not created by BICYCLING or its employees.
- 10.6 BICYCLING does not make any warranties or representation that content and services available from the BICYCLING website will in all cases be true, correct or free from any errors. BICYCLING shall take all reasonable steps to ensure the quality and accuracy of content available from the BICYCLING website.
- 10.7 BICYCLING does not make any warranties or representations that the BICYCLING website will be available at all times. Users acknowledge that the BICYCLING website may be unavailable due to updates or other causes beyond the reasonable control of BICYCLING, including, but not limited to virus infection, power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
- Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the BICYCLING website to BICYCLING and BICYCLING undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
- These Terms and Conditions of Use constitute the entire agreement between BICYCLING™ and you, the user of this website. Any failure by BICYCLING™ to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
- 12.1 Users may post their personal opinions, messages and ideas to the BICYCLING website and discussion forums/comments sections available on the BICYCLING website.
- 12.2 Users undertake not to post content to the BICYCLING website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and BICYCLING reserves the right to remove such content in terms of clause 11 above.
- 12.3 BICYCLING does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
- 12.4 The User indemnifies and holds BICYCLING harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the BICYCLING website.
13. INTERCEPTION OF COMMUNICATIONS
- 13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BICYCLING’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the BICYCLING website or its staff and employees. The RIC Act may be downloaded from:
- 13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.
14. ENTIRE AGREEMENT AND SEVERABILITY
- 14.1 These terms and conditions constitute the entire agreement between BICYCLING and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BICYCLING from the User.
- 14.2 Any failure by BICYCLING to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- 14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
- 15.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the BICYCLING website for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
- 15.2 data messages (as defined in the ECT Act) addressed by the User to BICYCLING shall only be deemed to have been received by BICYCLING if BICYCLING responds thereto;
- 15.3 data messages (as defined in the ECT Act) addressed to the User by BICYCLING shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
- 15.4 data messages (as defined in the ECT Act) addressed by the User to BICYCLING shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
- 15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and BICYCLING; and
- 15.6 the User agrees and warrants that data messages that are sent to BICYCLING from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
- The BICYCLING web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the BICYCLING website, its content, services and these terms and conditions.
17. LEGAL COSTS
- BICYCLING shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
- Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
- All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise.
- Anyone working for us or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this web site.
- No cash alternative is available to any prize unless expressly stated otherwise.
- The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
- Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
- The judges decision will be final. We will not enter into correspondence.
- No person may enter any competition within 90 days of winning.
- For competitions with prizes over the value of R5 000, only one fully completed entry per person will go into the draw.
- Where entry by SMS is applicable, SMSs are charged. Premium rates apply. Free rates do not apply.
- We reserve the right to cancel any competition without notice at any time.
- Multiple winners may be subject to tie-break to decide an outright winner.
- We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
- Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
- Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
- Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
- Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
- We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges discretion, void entries.
- If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
- Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
- Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
- Media24, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.
19. BIKE BUYERS GUIDE
- The BICYCLING Bike Buyers Guide gets updated once a year and is a listing/guide to the bikes available in SA only, as supplied by the various bike brands in December each year – you cannot buy directly from the BICYCLING website.
- All prices are recommended retail prices according to the various brands as of December (for models of the following year) and may fluctuate depending on the current exchange rates. Prices in stores may vary.
© Media24. These terms and conditions may not be used or reproduced without the prior consent of Media24 Ltd