Cargo Info Africa Terms and Conditions of Use

1. Definitions
Cargo Info Africa (“CIA”) is an online news and information service operated by Lugan Investments (Pty) Ltd (“LI”) trading as Now Media, consisting of information services and content provided by LI, affiliates of LI and other third parties. “User” means each person who establishes or accesses a connection to the CIA website via registration and accessed through a user name and password to use the CIA information.
The section headings used herein are for convenience only and shall not be given any legal import.

2. General
By using CIA the User agrees to comply with all of the terms and conditions hereof. The right to use CIA is personal to User and is not transferable to any other person of entity. The User is responsible for all use of User connection to CIA and for ensuring that all use of User connectivity complies fully with the provisions of the Terms and Conditions of use. The User shall be responsible for protecting the confidentiality of User’s password(s), if any.
CIA shall have the right at any time to change or discontinue any aspect or feature of CIA.

3. Changing of terms and conditions
CIA shall have the right at anytime to change or modify the terms and conditions applicable to the User’s use of CIA, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes or additions will be effective immediately upon notice thereof , which may be given by means including, but not limited to, posting on CIA, or by electronic or conventional mail. Any use of CIA by User after such a notice shall be deemed to constitute acceptance by User of such changes, or additions. as by which the User obtains notice thereof.

4. Equipment
The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of CIA and all charges related thereto.

5. Privacy statement
(A) Now Media gathers and will be in possession of person and private information, which includes, but is not limited to, first name, surname, contact telephone number, email address.
(B) No personal information will be disclosed to third parties without the User’s permission. Employment agencies registered with CIA as service providers, will, on the selection of the user have access to the User’s Curriculum Vita stored on the User’s profile.
(C) LI retains the copyright in databases of personal information stored on LI’s server located on the LI premises at Now Media Centre, 32 Fricker Rd, Illovo, Johannesburg, South Africa.
(D) A User consents to the following use of their personal information.
D.1. For CIA or LI communications to the User about CIA and would include, but is not limited to, CIA system status or maintenance.
D.2. For email newsletters which the User has selected to receive, which could include, but are not limited to Cargo Info News, Cargo Info Port Movements, Cargo Info Jobs. The user has the option of terminating receipt of such newsletters by, but not including, deselecting receipt of them on their user profile or by clicking on the unsubscribe button on the relevant email newsletter.
D.3. For non-personal statistical use.
(E)As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We use a third-party tracking service Smarter Stats that uses log files to track non-personally identifiable information about visitors to our site in the aggregate usage and volume statistics to identify trends and marketing related activities effecting our site.
(F)A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. We set a persistent cookie to store your passwords, so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your hinder your ability to use some areas of our site.

6. Interception of communications
In accordance with the provisions of the Regulation of Interception of Communications Act 70 of 2002, the User agrees to CIA’s right to intercept, block, filter, read, delete, disclose all communications sent or posted by the User to the CIA website, or to staff and employees of LI.

7. Security
(A) CIA has taken all reasonably precautions, and installed relevant systems to secure the content of the CIA website and the information provided by and collected from Users from unauthorised access and/or disclosure. CIA does not make any warranties or suggestion that content shall be 100% inaccessible.
(B) Users undertake not to divulge their user name and passwords to any other person.

8. User conduct
(A) A user shall use CIA for lawful purposes only. Subscriber shall not post or transmit through CIA any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CIA’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in CIA's discretion restricts or inhibits any other User from using or enjoying CIA will not be permitted. User shall not use CIA to advertise or perform any commercial solicitation, excluding the use of the classifieds section, but including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CIA.
(B) CIA contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of CIA are the copyright of LI. CIA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. For use other than personal use of content please refer to the Copyright section of Terms of use. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on CIA any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CIA, User automatically grants, or warrants that the owner of such material has expressly granted CIA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use.

9. Third party content
(A)CIA is a distributor of content supplied by third parties and Users. CIA does not have editorial control over such content, including but not limited to website sections Duty Calls and Sailing Schedules.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other party to CIA are those of the respective author(s) or distributor(s) and are not of CIA or LI. Neither CIA nor any third party provider of information guarantees the accuracy, completeness or usefulness of any content available through CIA. Please seek advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. A special note should be made as to information received on our Sailing Schedules database, this information is often changed, and this schedule is only a guide, confirmation of information should be sought with the relevant shipping line when finding information.
In many instances, the content available through CIA represents the opinions and judgments of the respective information provider, User, or other entity. CIA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on CIA, other than authorised CIA employee spokesperson while acting in their official capacities. Under no circumstance will CIA be liable for any loss or damage caused by a User’s reliance on information obtained through CIA. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CIA. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(B)CIA and/or LI provide links to third party websites or pages not subject to the control of CIA and/or LI. CIA and/or LI shall not be responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access and linked websites or any links contained in a linked website.

10. Limitation of liability
THIS WEBSITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS", AND LI MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THIS DOCUMENT OR THE INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, LI DOES NOT WARRANT THAT THE DOCUMENT OR INFORMATION WILL BE ERROR-FREE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. LI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
YOUR USE OF THIS WEBSITE AND INFORMATION CONTAINED THEREIN IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS WEBSITE OR ANY OF THE INFORMATION CONTAINED THEREIN. NONE OF LI, OR ANY OF LI’s NATIONAL PRACTICES OR AFFILIATES, OR ANY PARTNERS, PRINCIPALS, SHAREHOLDERS OR EMPLOYEES OF ANY THEREOF WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN.

11. Trading on this site
(A) As we are not involved in any sale and purchase of any goods and services on this Site, save for providing a platform, including but not limited to, the classified section, for the sale of goods and services you hereby agree and acknowledge that we:
(A.1) are not, nor do we represent or hold ourselves out as the manufacturer of any goods offered for sale and/or sold on this Site;
(A.2) have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
(A.3) cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Site will be accurate;
(A.4) have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services auctioned on this Site;
(A.5) cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for in an auction on this Site;
(A.6) cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
(A.7) cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
(A.8) will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, whatsoever.

12. Monitoring/Editing of content
CIA shall be the right, but not the obligation, to monitor all aspects of the website, to determine compliance with this agreement and any operating requirements established by CIA to satisfy the law, regulation or authorised government request. CIA shall have the right in its sole discretion to edit, refuse to post or remove any material that CIA finds to be in violation of the provisions hereof or otherwise objectionable.

13. Copyright
Copyright © 2006 by Now Media (Pty) Ltd. All rights reserved. Now Media hereby authorises you to view, download to a local drive, print, and distribute this document subject to the following conditions:

1. The document is used for information purposes only.
2. The document is used for non-commercial purposes. In particular, this limited license does not permit you to incorporate any material from this web site in any other work, publication or web site either of your own or belonging to any third party.
3. Any copy of this document or portion thereof must include this copyright notice in its entirety.

Note that certain proprietary programs, publications, designs, products, processes, software, technologies, information, know-how or ideas described in this document are the subject of other rights, including, without limitation, other intellectual property rights, which are owned by Now Media and such proprietary material is not licensed to you hereunder.

14. Applicable and governing law
CIA is hosted in the Republic of South Africa, and therefore governed by South African law. All legal discrepancies will be passed through or handled by the courts of South Africa.
The parties to any dispute arising out of this website hereby consent and submit to the jurisdiction of the High Court of the Republic of South Africa (Witwatersrand local division).