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AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD INTERNET TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.

Please read these Terms and Conditions carefully, and should you have any legal questions please direct them to:

The Station Manager

AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD.
PO Box 3438
Rivonia
2128
South Africa

COPYRIGHT

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. or its content suppliers and protected by South African and international copyright laws and treaties. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and protected by South African and international copyright laws and treaties.

Without derogating from the above, AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. authorizes you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:
Such content is used for information purposes only;
Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to another.
Any reproduction of material from this web site or portion thereof must include this notice in its entirety.

TRADEMARKS
The trade marks, service marks, logos and other proprietary names and identifiers which are owned by AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and displayed on this web site, may not be used in connection with any product or service that does not belong to AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. Furthermore, nothing contained on this web site should be construed as granting a license or right to use any of the trade marks without the express, written permission of AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD.

ACCESS AND AVAILABILITY OF SERVICE AND LINKS
The AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. web site may contain links to other related Internet web sites. No inference can be made, or representation implied, that AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. is affiliated to, operates or controls these linked websites. The linked websites are for the user's convenience only and user access thereto is at the user's own risk. When visiting linked websites the user must refer to that linked site's individual terms and conditions of use and cannot rely on the terms and conditions contained herein.

BULLETIN BOARDS AND FORUMS
AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. has the right, but not the obligation, to monitor and review submissions submitted by users to Bulletin Boards and Forums. AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. shall not be responsible for the content of these messages, and reserves the right to delete or edit submissions that it deems to be abusive, defamatory, obscene or in violation of any Copyright or Trademark laws, or otherwise objectionable.

Notwithstanding the above, all submissions to the Bulletin Boards and Forums will become the exclusive property of AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD.
Use of the Bulletin Boards and Forums are subject to the following terms and conditions:

The user will not use any of the Forums or Bulletin Boards for illegal purposes.

The user will not us the Forums or Bulletin Boards for the purposes of "spamming".

The user will not restrict or inhibit any other user/s from using and enjoying the Forums and Bulletin Boards in any manner.

The user will not use threatening, inciting, inflammatory, abusive, defamatory, obscene, vulgar, profane, pornographic material in any of the Forums or Bulletin Boards.

The user will not Violate the Copyright, Trademark or any other Intellectual property right of any other person by the submission of content to the AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. web site.

The user warrants that its is the rightful owner of content submitted to, or transmitted through, the AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. web site, or that the user has obtained permission from the rightful owner/s to submit or transmit such content.

The user will not submit or transmit content on or through the AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. web site that contains viruses or other harmful material.

The user will not submit or transmit, content intended for commercial purposes or containing marketing or promotional materials or content intended to solicit donations, on or through the AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. web site.

LIABILITY DISCLAIMER
The information, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an "as is" basis. AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the information, contents, materials, or products included on this site. Without limiting the generality of the aforegoing:
AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. does not warrant that this web site will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and Whilst AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this web site are free of viruses, trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

LIMITATION OF LIABILITY
In no event shall AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site. Such limitation shall also apply with respect to damages resulting from the inability to use this web site, the operational failure of this web site, or for any information, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, delict, strict liability or otherwise, even if AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and/or any of its suppliers has been advised of the possibility of damages.

APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in resect of any disputes arising in connection with this web site.

PRIVACY POLICY
AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. is dedicated to maintaining the privacy of its online visitors. On this site, AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means that it is not required from you to register or provide information to AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. in order to view our site.
AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. only gathers personally identifiable data, such as names, addresses, postal codes, e-mail addresses, etc., when voluntarily submitted by a visitor. For example, personally identifiable information may be required in order to process an order for goods, that you have placed on this site. This information is used solely by AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and its business partners who are involved in the operation of this site for internal purposes. AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. client lists are never sold to third parties. AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.

TRANSACTIONS & ORDERS
When concluding transactions, or placing orders on this web site, you may be asked by AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. to supply certain information, including credit card details or other payment mechanisms. You hereby agree that all information you provide through this web site will be accurate and complete.
You further agree to pay all charges incurred by you or other users of your account, at the prices in effect when such charges were incurred. You will also be liable for the payment of all applicable taxes, if any, relating to purchases and orders placed on the AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. site. AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. will not be responsible for any charges you or any user of your account incurs whilst making purchases or placing orders in this manner.

PROFESSIONAL INFORMATION
This web site is only intended to provide general information regarding AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information on this web site including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services.
Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors.
This web site could include technical, typographical or other inaccuracies and you are urged to contact AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. to confirm all information contained on this web site prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this web site.

VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of AFRICA ON AIR, A DIVISION OF RIMEDIA (PTY) LTD., AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. reserves the right to pursue any and all legal and equitable remedies against you. If AFRICA ON AIR, A DIVISION OF PRIMEDIA (PTY) LTD. should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

IN RELATION TO THE COMPETITION
1. This competition is open to everyone except Management/Employees of Kia Motors South Africa (Pty) Ltd (a division of Kia Motors; Primedia Broadcasting a division of Primedia (Pty) Ltd (collectively referred to as “the ORGANISERS”); their associated companies, advertising and promotional agencies and immediate family.

2. The prize is not transferable and may not be converted into cash.

3. The judges' decision is final and binding and no correspondence will be entered into.

4. The competition will be audited in accordance with the procedures of PRIMEDIA.

5. The ORGANISERS have the right to terminate the competition in their sole and absolute discretion.

6. The competition runs from 06 September 2011 until 06 September 2012. Entries received after the deadline will be invalid.

7. The competition will take the form of a radio broadcast on 94.7 Highveld Stereo and 94.5 KFM in conjunction with the Internet on www.highveld.co.za. and www.kfm.co.za

8. Failure to provide information or documentation requested may render the entry ineligible.

9. The number of entries per person is unlimited.

10. The Winner will be announced on 94.7 Highveld Stereo and 94.5 Kfm during the Take 40SA countdown

11. Contestants are limited to persons who permanently reside in South Africa.

12. If it is not possible to reach the Winner during “The Take 40SA, the Winner will be notified telephonically / by SMS.

13. The ORGANISERS and their associated companies assume no liability for loss or damage arising from participating in the competition.

14. Any costs incurred in entering the competition are non-refundable.

15. Contestants should not have a criminal record. The ORGANISERS reserve the right to conduct criminal background checks in respect of any Contestant at any stage during or after the competition. The prize will be forfeited should the Contestant misrepresent his/her status.

16. By entering the competition, the Winner agrees to have his / her name and/or photograph published in any advertising and promotional material or digital media for this and any future competition, without claim to compensation.

17. The prize will be the use of an Kia motor vehicle for a period of one calendar month, subject to the following conditions :
1. The Winner will sign a Loan Agreement on Kia Motors standard terms and conditions for the use of the vehicle, which may be swopped every 20 days.
2. The Winner will select a vehicle (subject to specifications in Kia Motors sole discretion) from a list provided by Kia Motors to 94.7 Highveld Stereo. The Winner may not hold the ORGANISERS liable for a variation in specification;
3. Included in this prize is the cost of insurance in relation to the vehicle only and excluding motor third party liability. With regard to insurance, in the event of loss or damage to the vehicle, the Winner will be liable for an excess (irrespective of fault) as determined by Kia Motors as provided in the Loan Agreement. R1500
4. The Winner shall provide Kia Motors with such documentation as may be required by Kia Motors which shall be provided prior to the vehicle being released.
5. The Winner shall be in possession of a valid, unendorsed South African driver’s licence, which shall remain valid while the prize is in the possession of the Winner. Code 08
6. If, in the sole opinion of Kia Motors, the Winner abuses the vehicle, fails to comply with the terms and conditions of the vehicle manual, including the warranty and maintenance plans contained in the vehicle manual or the vehicle is involved in an incident resulting in loss or damage to Kia Motors, the Loan Agreement in relation to the vehicle will be terminated, the winner will forfeit the prize and immediately return the vehicle to Kia Motors. Kia Motors will be entitled to recover any costs, damages or losses arising from such acts or breach.

18. The vehicle will be available for collection, at the cost of the Winner, on notification by Kia Motors. The ORGANISERS shall not be liable for any delays in delivery. Vehicles to be returned to the allocated dealership at the agreed upon return date.

19. By entering the competition, the Contestant undertakes to comply with all the competition rules, which the Contestant declares that he/she has read and understood.

20. The announcement of a Winner shall not constitute a ruling by the ORGANISERS that the Contestant has complied with all the competition rules and applicable law. Any contravention of a rule or the law, misrepresentation, abuse of the vehicle or loss or damage to Kia Motors, whether during the competition or after the prize has been awarded, will entitle the ORGANISERS to disqualify the Contestant. The Winner shall return the prize to Kia Motors immediately.

21. The Contestants and Winner indemnify the ORGANISERS against all claims, howsoever arising, from their participation in this competition.

22. Contestants acknowledge that these Rules are in addition to the Competition Rules of Primedia. In the event of a conflict between these Rules and those of Primedia, these Rules will apply. 06 September 2011.

23. Participants to win a KIA for a month need to be over the age of 23 years.