These terms and conditions ("terms and conditions" or "the terms") are binding and enforceable against all persons (“users”) that access any M-Net owned or operated website ("the M-Net website"). By accessing the M-Net website, users agree to be bound by the terms effective at the time of such access.
M-Net reserves the right in its sole discretion to vary or amend any of the terms from time to time. In this event, M-Net will post the revised terms on the M-Net Corporate website, located at http://www.mnetcorporate.co.za/legal/terms. Each time the user accesses the M-Net website the user agrees to be bound by the terms posted on the M-Net website at the time.

Any reference in the terms to the singular includes the plural, and vice versa; and to one gender includes the other gender. "Data message" has the same meaning as that given to the term in the Electronic Communications and Transactions Act, 2002 ("the ECT Act"). A copy of the ECT Act is available at http://co.za/ect/a25-02.pdf

It is the responsibility of the user to acquire and maintain, at the user's expense, the computer hardware and software, telecommunications facilities and Internet access service in order to access the Internet and the M-Net website. It is the responsibility of the user to be satisfied, prior to accepting these terms that the M-Net website is compatible with the user's computer hardware and/or software.

M-Net grants the user a non-exclusive license to access and make personal use of the M-Net website and not to modify it, or any portion of it, except with expresses written consent of M-Net. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Users may only access and use the M-Net website, or any of the information or materials provided on the M-Net website, in a lawful manner and for the user's private or educational purposes. The M-Net website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose ("commercial purposes") without express written consent of M-Net.

Access to the M-Net websites is free to any user who agrees to these terms, although access to some or all of the pages on the M-Net website may be restricted to persons who registered through the registration process. Notwithstanding the foregoing, M-Net reserves the right to charge fees for access to some or all of the pages on the M-Net website.

Users may cache the M-Net website provided that the purpose of the caching is to make the onward transmission of the content from the M-Net website more efficient; the cached content is not modified in any manner whatsoever; and the cached content is removed or updated from the user's computer system(s) if so required by M-Net.

Parties other than M-Net may operate stores, provide services, or sell product lines on the M-Net website. In addition, the M-Net website may provide links to the websites of affiliated companies and certain other third parties’ businesses. M-Net is not responsible for examining or evaluating, and it does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Furthermore, provision of such links does not imply any endorsement, agreement with, or support for, the information on or content of such target websites. M-Net does not editorially control the information or content on such target websites and does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties or the user's access, or inability to access, such websites, or for any information or content made available on or through such target websites. The user undertakes to carefully review their privacy statements and other conditions of use.

The user may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, provided the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." The user may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. M-Net reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If the user posts content or submit material, and unless we indicate otherwise, the user grants M-Net 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 content throughout the world in any media. The user grants M-Net and its sub-licensees the right to use the name that the user submits in connection with such content. The user represent and warrant that the user own or otherwise control all of the rights to the content posted; that the content is accurate; that use of the content the user supplies does not violate these terms and conditions and will not cause injury to any person or entity; and that the user will indemnify M-Net for all claims resulting from content supplied by the user. M-Net has the right but not the obligation to monitor and edit or remove any activity or content. M-Net takes no responsibility and assumes no liability for any content posted by the user or any third party.

The user may not frame any M-Net website or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of M-Net without express written consent.

Other than bona-fide search engine operators and the use of the search facility provided on the M-Net website, no person may use, or attempt to use, any technology or applications (including web crawlers or web spiders) to search the M-Net website for any purposes without the prior written consent of M-Net.

M-Net, in its sole discretion, will grant the consent to the use of any of the articles on the M-Net website in electronic clipping services or personalized news services only if such electronic clipping service or personalized news service, does not copy or provide the entire article as it appears on the M-Net website, but only provides a short summary of the contents of the article; provides a correct and functioning hyperlink to the article on the M-Net website; acknowledges the M-Net website as the source of the content; acknowledges writers, journalists, photographers and any other third parties as they are acknowledged on the M-Net website; indicates the date on which the article was sourced from the M-Net website; and includes the following copyright notice: "© Electronic Media Network Limited. All rights reserved".

M-Net does not make any warranties or representations that the M-Net website is safe and secure. No person may, whether intentionally or negligently, do anything to compromise the security and stability of the M-Net website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses) to the M-Net website or the server and computer network that support the M-Net website. The user must take all reasonable steps to prevent compromising the security and stability of the M-Net website as set out in this clause. Any person who contravenes this clause will, in addition to any criminal prosecution, be liable for all resulting loss, liability or damage caused, and undertakes, without any limitation, to indemnify and hold M-Net harmless against any and all loss, liability or damage M-Net or any third party may suffer as a result of such contravention.

The terms of M-Net's privacy policy are incorporated in these terms, and the user agrees to be bound by such policy, as if the terms of that policy have been included in these terms in full. The M-Net privacy policy is available at http://www.mnetcorporate.co.za/legal/privacy.

The contents and materials of the M-Net website, including, without limitation, any computer programs, software, icons, text, links graphics, images, sound clips or files, audio-visuals trade names, logos, trade marks and service marks are protected by law, including, without limitation, copyright, patent and trade mark law (collectively “intellectual property”), and are the property of M-Net or its content suppliers/licensees and are protected by South African and international law. Any unauthorized use, including, without limitation, reproducing in any manner or form, framing, linking, performing, broadcasting, transmitting in a diffusion service (including the Internet), adapting or modifying, letting, offering or exposing for hire or by way of trade a copy of, distributing and/or communicating or making available to the public by wire or wireless means, the contents or materials, or an adaptation of such contents or materials on this Web site is prohibited.

Subject to the rights granted by M-Net to the user in these terms, these terms should not be construed as granting the user any license or right to use the intellectual property without the prior written consent of M-Net. Without limiting the scope of this clause, the user specifically undertakes not to copy, reproduce, modify, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof. All M-Net's intellectual property rights are expressly reserved.

M-Net makes the following disclosures required by s43 of the ECT Act:

Full name and legal status Electronic Media Network Limited
Telephone number + 27 11 686 6000
E-mail address editor@mnet.co.za
Physical address 137 Bram Fischer Drive, Ferndale, Randburg, 2194, South Africa
Postal address PO Box 2963, Pinegowrie, 2123, South Africa
Physical address for receipt of legal service 137 Bram Fischer Drive, Ferndale, Randburg, 2194, South Africa
Website address http://www.mnetcorporate.co.za
Main business Provision of a digital satellite subscription broadcasting service
Registration number 1985/002853/06 Pretoria
Office bearers (directors) FLN Letele, CP Mack, P Scholtemeyer, SF Ward (British)
Alternative dispute resolution Please refer below in these terms and conditions. http://www.arbitration.co.za

If this website fails to comply with the disclosure requirements in s43 of the ECT Act, or M-Net fails to allow users to prevent and correct mistakes in any transaction concluded via the M-Net website, users are entitled to cancel such transaction within 14 days of receipt of the goods and to be refunded on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging. If a transaction is cancelled in terms of this clause, M-Net will refund all payments made by the purchaser minus the direct cost of returning the goods. If the user places an order on the M-Net website and M-Net fails to execute the order timeously, the user may cancel the agreement. This paragraph only applies to transactions concluded via the website. Not-withstanding the above, subscriptions to M-Net are governed by the subscription agreement between M-Net and the subscriber.
Cooling off The user is entitled to the cooling off rights provided by s44, read with s42(2) of the ECT Act, to the extent that this section applies.

M-Net reserves the right, in its sole discretion, to vary this information from time to time.

In the clauses under this heading "disclaimer and limitation of liability", references to M-Net include its directors, officers, employees, agents and representatives. M-Net provides the M-Net website on an "as is" basis and has not tailored the M-Net website to meet a user's individual requirements. Information, ideas and opinions expressed on the M-Net website should not be regarded as professional advice or the official opinion of M-Net, and users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the M-Net website. Any person who accesses, uses, participates in or relies on the M-Net website or on information, products, services, events or competitions contained in or available on the M-Net website does so entirely at their own risk.

Subject to the provisions of s43(5) and s43(6) of the ECT Act, if applicable, and as far as allowed by law M-Net makes no representations and gives no warranties, whether expressly or implicitly, as to the M-Net website or the information provided on the M-Net website, and specifically, but without limitation, makes no representations and gives no warranty:

• that the M-Net website will meet the requirements or expectations of the users;
• of the time within which the M-Net website will be updated, or that the M-Net website will be available at all times; or
• that the information provided on the M-Net website will be true, complete, accurate or reliable.

M-Net, will not be responsible, and disclaims all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, and which is suffered by any person who accesses, uses or relies on the M-Net website. Without limiting the generality of this clause, M-Net will not be liable for any loss, liability or damage of any nature incurred by whomever and resulting from:

• access to the M-Net website;
• access to websites linked to the M-Net website;
• inability to access the M-Net website;
• inability to access websites linked to the M-Net website;
• access to, use of, or reliance on information or content available on the M-Net website;
• any content posted by third parties on the M-Net website, whether or not M-Net exercised control over such content;
• services available from the M-Net website;
• M-Net's delay or failure to fulfil its obligations under this agreement to the extent that such delay or failure results from causes beyond M-Net's reasonable control; or
• any negligent act or omission of M-Net or its consultants, agents or employees.

The user agrees to indemnify and hold M-Net and its directors, officers, employees, agents, representatives and associates harmless from any claim or demand, including legal fees on an attorney and own client scale, made by any third party arising from or in relation to the user's access to, use of, or reliance on the M-Net website. M-Net is not liable for any direct or consequential damage suffered by the user or any other third party as a result of the exercise by M-Net of M-Net's rights in terms of this agreement.

By advertising any goods/services on the M-Net website, M-Net invites users to make an offer to acquire the relevant goods/services. In the event that a user makes an offer, M-Net, in its sole discretion, may accept the offer, in which case M-Net will take additional positive action to demonstrate its intention to accept the offer.

M-Net and the user agree that:

• Data messages addressed by the user to M-Net will be deemed to have been received by M-Net only if M-Net responds thereto or acknowledges receipt thereof.
• Data messages addressed by M-Net to the user will be deemed to be received by the user when the complete data message enters an information system designated or used for that purpose by the user and is capable of being retrieved and processed by the user.
• Data messages addressed by the user to M-Net or vice versa will be deemed to have been created and sent from Johannesburg, South Africa.
• Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between the user and M-Net.
• Any data messages that are sent by the user to M-Net from a computer, IP address or mobile device normally used by or owned by the user will be deemed to have been sent to M-Net by the user, or on behalf of the user by a person duly authorized by the user.

M-Net expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

• change these terms and conditions;
• change the information, content, services and applications on the M-Net website;
• discontinue any aspect of the M-Net website or information, content, services and applications on the M-Net website; and
• change the software and hardware required to access and use the M-Net website or the information, content, services and applications on the M-Net website.

All licenses and/or permissions granted in these terms are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by M-Net in its sole discretion at any time without giving any reasons therefore. M-Net, in its sole discretion, may terminate the M-Net website, or any aspect thereof, at any time. M-Net and the user specifically agree that the clauses in these terms concerning M-Net's privacy policy, M-Net's intellectual property, and the disclaimers and limitations of liability will survive the termination of these terms and conditions for any reason whatsoever.

The terms, as amended by M-Net from time to time, constitute the entire agreement between M-Net and the user in relation to its subject matter. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

South African law governs these terms, and any dispute arising out of, or in relation to these terms. Subject to the provisions under “Dispute Resolution” below, these terms will be subject to enforcement by the South African courts. M-Net will not be liable for the infringement of any rights, or the contravention of any laws, outside the Republic of South Africa.

M-Net will not be liable for any costs incurred by users to obtain professional advice relating to these terms and conditions.

If M-Net fails to comply with the disclosure and review requirements in s43 and s46 of the ECT Act, a user who is a consumer may cancel the agreement entered into on the M-Net website within fourteen days of receipt of the goods and M-Net will refund the consumer on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging.

Without prejudice to any other rights it may have, M-Net reserves the right to claim damages from any person who contravenes this agreement and as a result of which M-Net suffers any loss, liability or damage. Any failure by M-Net to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

If a dispute between M-Net and a user concerning the interpretation or application of these terms and conditions remains unresolved, and the user wishes to pursue the dispute, then the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

Such arbitration proceedings must be conducted in Johannesburg in English. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website:http://www.arbitration.co.za