This Agreement is a binding agreement between the users and MojoReporter. It sets out the general terms and conditions for the use of the Website and governs the submission of any material for publication on this Website.
MojoReporter confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, is a member of the Internet Service Providers’ Association (ISPA) and has implemented and adopted its Code of Conduct as formally adopted by ISPA, including its complaints and disciplinary procedure, and the take-down procedure which can be viewed and accessed on ISPA’s website through the following link https://ispa.org.za/code-of-conduct/
By making use of this Website and the Services provided, you agree that you shall be bound by the entire Terms and Conditions of use of this website. We may amend the Terms from time to time. Any new version of the Terms will be published on the Website and will become effective from the date that we first published it. It is your obligation to visit our Website on a regular basis in order to determine whether any amendments have been made. By continuing to use our Website and Services after we published changes to the Terms, you agree to be bound by the changed Terms.
DEFINITIONS AND INTERPRETATION
“Agreement” means these terms and conditions or any amendments thereto as MojoReporter shall publish on their Website from time to time;
“the/this Website” means the MojoReporter website as owned by MojoReporter Ltd, include all the entities under the common control and ownership of Newsflare.
“Intellectual Property Rights” means any intellectual property whether protected by common law or under statute including (without limitation) copyright, registered and unregistered trademarks and any proprietary rights;
“Publication” means any submission of any kind of material and/or contents by the users of this Website in terms of this Agreement to be published by MojoReporter as the internet intermediaries providing service to the users;
“Services” means the online platform, forum and Classifieds services provided by MojoReporter by which a person, firm or company may submit any material and/or contents, or communicate in a social forum with like-minded users on this Website;
“Website” means the Internet website by which MojoReporter offers the Services from time to time currently www.MojoReporter.com;
“user” or “users“, “you”, “your” or “yours” for the purposes of this Agreement, means any a person, firm or company, or someone who is otherwise using the Website;
“your information” includes all information you provide to us in using this Website, including, without limitation, as applicable:
(a) your registration details, including name and address details;
(b) your material and/or contents submitted and published on this Website;
(c) the information that we learn about you as a result of your use of this Website, including without limitation, through the goods and services you post on this Website.
PART 1: TERMS AND CONDITIONS
- Acceptable Use Policy (AUP)
- By accessing this Website, or by contracting with us for Services, you agree, without limitation or qualification, to be bound by this AUP and the Terms and Conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this Website.
- The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to the users of our Website what activities and online behaviour is considered an unacceptable use of the Website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
- MojoReporter respects the rights of the users of our Services and the Website to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our Constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our Website.
- This agreement contains a number of legal obligations with which you are presumed to be familiar with, and understand under which you are permitted to access and use this Website.
- MojoReporter confirms that it is in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002.
- Unlawful use
- MojoReporter may only be used for lawful purposes and activities. We prohibit any use of our Website including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:
- Any violation of local and international laws prohibiting child pornography; obscenity; discrimination including racial, gender or religious and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
- Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
- Any violation of intellectual property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, MojoReporter cannot be held liable if you make any unlawful use of any material or content accessed on the Website, whether for commercial or non-commercial purposes.
- Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
- Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with the Mail & Guardian Online on behalf of another subscriber without their consent.
- Any violation of the exchange control laws of the Republic.
- Any activity that results in the sale, transmission or distribution of pirated or illegal software.
- Unsolicited, Spam, Junk mail and Virus
- Spam and unsolicited bulk mail are highly problematic. They affect the use and enjoyment of services by other users and often compromise security. MojoReporter will take immediate and firm action against any user engaging in any of the following unacceptable practices:
- Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
- Operating or maintaining mailing lists without the express permission of all recipients listed;
- Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
- Using the Website to collect responses from unsolicited email sent from accounts on other internet hosts or email services that violate this AUP or the AUP of any other internet service provider.
- The users agree not to use this Website to distribute computer viruses or other malicious code, or attempt any unauthorized access to any part or component of the Website; not to cause the whole or any part of the Website to be interrupted, damaged, rendered less efficient, or to damage the effectiveness of the Website in any way; and not to access, without authority, or interference with, any part of this Website or any software used in the provision of this Website.
- Intellectual Property
- MojoReporter will only retain the intellectual property and copyrights of the making of this Website (including without limitation, all names, logos, trademarks, the Website design and its look, videos, photographs, text, documents, selection and arrangement of elements, databases, organizations, compilations, magnetic translation, digital conversion, computer codes contained in the Website) and are protected by copyright, trademarks, database rights and any other intellectual property rights. This excludes the Material and content uploaded or submitted on the Website and you will retain all the intellectual rights in the Material and content that you upload or submit on this Website.
- MojoReporter will only be entitled to post and publish for the public all of the Material and content made available on our Website or through our Services and shall not in any way edit, amend, modify, decompile, make an adaptation of, incorporate the content into any other content for whatever purpose, the Material and content submitted or uploaded on this Website.
- You will retain exclusive ownership of any original Material and content which you may submit or upload, transmit or store when using our Website or Services, subject to these Terms and Conditions.
- Any Material and content you transmit or post to publicly accessible areas on our Website or Services, MojoReporter shall have no obligations with respect to the Material and Content submitted and uploaded, to the extent that the Material or content uploaded or submitted is contrary to our AUP and Terms and Conditions, in which case MojoReporter will have a right to remove any Material or content hosted by which we consider as illegal Material or content or for which we receive a take-down notice.
- You agree not to display or use the trademarks, product names, company names, logos, trade names of other owners without the prior written consent of such owners. MojoReporter shall not be liable for any infringement by you of the any intellectual property or other rights of any person or entity arising out of your Material and Content made through the use or services of this Website.
- You agree to adhere to our AUP and these Terms and Conditions when posting or transmitting any Material or Content to our Website or Services.
- Links from other Websites
- This Website may contain links to, and/or advertisements for, other website maintained by us, in addition to links to websites maintained by unrelated companies and persons (third party websites). A link to, or advertisement of, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its contents or use, or the use of products or services made available through third party websites. We are not responsible for the actions, contents, accuracy, or opinions expressed, privacy policies, product or services provided through these links or made available through these resources, or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance of the third party websites. Such third party websites are not regulated, monitored, investigated or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise, about any websites which you may access through this Website, including contents thereof. If you exit this Website to access the other websites you do so at your own risk.
- You may link to this Website, but solely in accordance with our Terms and Conditions. Anyone providing access to this Website via links form another websites is solely responsible for the content, accuracy, opinions expressed, privacy policies, product and services of, or available through, the source website, and for any representations made or impressions created concerning MojoReporter. Authorization by us to link to this Website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We further reserve the right to withdraw any authorization to link to this Website at any time and for any reason.
- Exclusion of Liability
- You use our Website and Services at your own risk.
- While we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy and completeness of Content on our Website or that the Content and technology available from our Website is/are free from errors or omissions.
- We may make changes to the Content on our Website at any time without notice. The Content on our Website may be out of date, and in this regard, we make no commitment to update such Content.
- To the extent allowed by law, MojoReporter, its affiliates, service providers, licensors, shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Website or Content provided from or through our Website or Services.
- Our Website is/are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Website will meet your individual requirements and be compatible with your hardware and/or software.
- Any material, information, ideas and opinions expressed on our Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website; and if obtained by you, it is done so at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data that results from obtaining the material.
- Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Website and e-mails sent to our Website are not editorially controlled by us and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
- You agree that to the fullest extent permitted by law, we on behalf ourselves, employees, agents, suppliers, and contractors, exclude liability for any losses and expenses of whatever nature howsoever arising, including, without any limitation, any direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss caused by virus, loss of income and profit, loss or damage to property, claims from third parties, or other losses of any kind, even if you have been advised of the possibility of such damage or losses, arising out of or in connection with the access to and use of this Website or any linked websites.
- We reserve the right from time to time, without notice and in our sole discretion, to modify, edit, delete, suspend or discontinue, temporarily or permanently , this Website (or part thereof), or the information, material, products or services available through this Website (or part thereof), terminate your account, and/or block your use of the Website.
- You agree to indemnify and release and hold harmless as well as our officers, directors, agents, and representatives and employees from an claims, liability, loss, expense or demand, including reasonable legal costs, related to breach of these Terms, including the breach by you of any intellectual property or other right of any person or entity, or any other liability arising out of use of this Website.
- This Website is controlled by MojoReporter from its offices. You agree that you are responsible for compliance in terms of the applicable law of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the Western Cape High Court, in Cape Town.
- The information and material contained on this Website has been prepared in accordance with the laws of the Republic of South Africa. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Website complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Website from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
PART 2: GENERAL TERMS AND SUBMITTING MATERIAL TO MojoReporter
- If you wish to submit any contribution, including any content, material, digital video or audio material, text, photograph or graphics (“Material”) to the Website, you must register and open an account with MojoReporter, subject to you agreeing to be bound by these Terms and Conditions.
- Upon successful creation of the profile you may benefit from our Reporter Rewards Programme with your account.
- Registration and opening an Account
- When you register we collect personal information such as your name, address, email address, telephone and fax numbers. This information is used to contact you about the Services on our Website for which you have expressed interest.
- We may, at our sole discretion, request additional personal information from you. You may be required to confirm such details as your identity, address and contact information for security and verification reasons. This information may include copies of ID documents, passports, utility bills, licenses, or any other documentation related to your use of this website (but not limited to this).
- When you register with MojoReporter you will have a user account (MojoReporter Account). You are expressly prohibited from using any other MojoReporter Account without our permission. In creating your MojoReporter Account, you represent and warrant that all the information you provide is accurate and complete, and you will notify us as soon as reasonably possible if such information changes.
- You are solely responsible for any activity occurring on your MojoReporter Account. You must keep your MojoReporter Account password secure and notify MojoReporter immediately of any breach of security or unauthorized use of your MojoReporter Account.
- MojoReporter accepts no liability for your losses caused by any unauthorized use of your MojoReporter Account; however, you may be liable for losses incurred by MojoReporter or other third parties due to such unauthorized use.
- MojoReporter will show your name or nickname (as specified by you when you open your MojoReporter Account) with any Material you submit to the Website, unless you request otherwise when you set up your MojoReporter Account, but for operational reasons this is not always possible. MojoReporter accepts no liability whatsoever if you are identified or identifiable from any Material you submit to the Website.
- MojoReporter may need to contact you for administrative or verification purposes in relation to your Material, or in relation to particular projects or assignments. You understand that by agreeing to create the MojoReporter Account you may receive mailings and/or telephone calls from us. You may unsubscribe at any time by emailing info@MojoReporter.com. For full details of when and how we may use the information you provide to us please see these Terms and Conditions.
- Reporter Reward Programme
MojoReporter operates a Reporter Reward Programme. This is a tiered system under which users who have successfully created a MojoReporter Account and are submitting Material to the Website are provided with certain additional benefits and increased potential levels of payment for use of their Material by third parties dependent on the quality and quantity of such Material submitted to the Website over a defined period of time. For further details please contact MojoReporter for the Reporter Reward Programme details. These Terms Conditions for the Service continue to apply to such users and such Material, and where such Reporter Reward Programme details conflict with these Terms and Conditions of Service, these Terms and Condition shall prevail.
- MojoReporter Account Termination Policy
- MojoReporter may terminate a user’s access to its Website if, in its sole discretion, it determines that user to be a perceived, serious, or repeat infringer, or for any other reason whatsoever.
- MojoReporter reserves the right to decide whether Material submitted by any user is appropriate and complies with these Terms and Condition for violations other than copyright infringement, such as, but not limited to, pornography, obscenity or defamatory material, breach of privacy or other breach of an individual’s Constitutional rights.
- MojoReporter may remove such Material or content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- Uploading or Submitting Material
- You may upload or submit any Material or content to this Website which you believe may be of general interest to the public.
- You are prohibited from uploading or submitting any gratuitously offensive, obscene, libellous or defamatory Material, or any other Material that infringes on any right whatsoever of any third party conferred by law, including our Constitution, code of practice in terms of ISPA see https://ispa.org.za/code-of-conduct/
- By submitting Material you warrant and undertake that such Material or content:-
- Is your own original work or that you have obtained all the necessary rights to submit the Material;
- Was not produced by you in the course of your employment or you have obtained the necessary consent from the employer;
- Do not infringe on Copyright laws, constitutional rights or upon common law right, intellectual property right, or any other similar right of a third party and is not defamatory, amount to hate speech, obscene or constitutes enticement to cause harm;
- Was not taken by any illegal, unlawful means that violates any third party’s privacy or publicity rights;
- Where it includes images of children under age 16, the images have been obtained with the consent (in writing) of a relevant parent or carer adult.
- You hereby grant us and each user of the Website the non-exclusive license to access your Material through the Website, and to use, reproduce, distribute, display and perform and sublicense to distributors, resellers and end users such Material as permitted in accordance with the relevant licences and as imposed through the Service of the Website and under these Terms and Conditions.
- The right for MojoReporter to use, display or grant further licenses to users in respect of your Material or content will automatically terminate thirty (30) days after you request the removal or deletion of your Material or content from the Website. At no time does MojoReporter hold or own any rights of ownership over the Material. MojoReporter only holds a temporary right to market and use your Material through the Services of this Website.
- You submit Material or content to our Website on an exclusive basis unless otherwise stated in writing by MojoReporter.
- If we make chat rooms and message boards available to our users, please remember that any information that is disclosed in these areas becomes public information. You should therefore exercise caution when deciding to disclose your personal information.
- Notice and Take-down Procedures
- MojoReporter confirms that it has a procedure in place for the notice and take-down of illegal Material or content, in compliance with section 77 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).
- Take-down notifications: In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) we have designated the Internet Service Providers’ Association (“ISPA”) as an agent to receive notifications of infringements as defined in Section 77 of the Act. The relevant details for ISPA are:
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, Midrand, 1687
Telephone: 010 500 1200
- MojoReporter reserves the right to remove any Material or content submitted or uploaded to this Website, after having received a notification for take-down or complaint in terms of section 77 of ECTA, or it reasonable believes that such Material or content is unlawful, threatening, libellous, defamatory, obscene or pornographic, amount to hate speech or incitement to cause harm. If you believe that Material on the Website is in any way unlawful, threatening, libellous, defamatory, obscene or pornographic, and incitement to cause harm. For further details on how to submit complaints contact MojoReporter at info@MojoReporter.com or:
For further details contact:
200 Main Rd,
Telephone: +27 21 671 7581
- It is the users’ responsibility to familiarise themselves with the procedure set out and report any cases of violation of this AUP or Terms and Conditions to MojoReporter designated complaints-handling agent for this process ISPA see contact details in clause 14.2 above. The notice and take-down procedure can be viewed at https://www.ispa.org.za/code
- In order for MojoReporter and its agents to investigate the complaint thoroughly and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:
- The origin of abuse or offence, including the website, full mail headers, relevant log-file extracts etc.;
- Any contact details for the source of the complaint;
- A brief explanation why the incident is considered to be an offence. MojoReporter discourages anonymous complaints being made via this service, and urge complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.
- MojoReporter may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your material or work has been used or copied in any way that constitutes copyright infringement, and any such infringement is occurring on the Website, send MojoReporter a notice containing:-
- a physical address or electronic signature of the copyright owner or such person authorised to act on behalf of the copy right owner;
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such works claimed to be infringed;
- information sufficient to permit MojoReporter to contact you, such as your physical address, phone number, and email address;
- a statement that you have a good faith belief that the use of the material you have identified is not authorized by the copyright owner, its agent, or the law; and the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Entering into this Agreement
- You represent and warrant to us you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement.
- if you are a juristic entity that you are duly incorporated and have been issued with a certificate of commencement of business and have the right to enter into this Agreement and does not violate your company constitution; and you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
- User Traffic and its Content
- While we will always endeavour to maintain ongoing access, and, prevent and correct disruptions and failures on this Website, we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore you agree that you:
- are responsible for the flow and storage of your information through our computer systems and network resources;
- take full responsibility for data, files and other information you own, send, or receive and ensure that at all times you maintain adequate backup copies as appropriate;
- must not engage in mass postings of messages, either through e-mail or onto newsgroups, or engage in any harassment, ‘electronic stalking’ or ‘spam’;
- must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
- accept that certain content on this Website, despite any steps we may take may contain Material that you may find inappropriate, offensive, obscene, defamatory and further accept that we do not endorse such materials and disclaim any and all liability for their contents.
- Disclaimer and Limitation of Liability
- Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Website, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
- a failure, or error in the operation, of all or any part of this Website, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
- any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Website or network resources or any other computer systems or network resources to which they may be connected by any persons;
- whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
- any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
- any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Website, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
- any reliance on, the information and material contained on this Website about any goods and services or any other information or Material whatsoever, or any information and Material contained on, and the privacy of, third party websites linked to this Website;
- any feedback and comments made by you, or about you;
- any action taken by us under this Agreement; or
- any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.
- Entire Agreement
- This Agreement constitutes the entire Agreement between you and MojoReporter.
- Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
- Governing Law
- This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
- With reference to clause 20.1, the parties submit to the jurisdiction of the High Court of South Africa, Western Cape High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.