General terms and conditions of use for the Alpha Media Holdings (Private) Limited

section a : ePaper (2020)

section b : general sites use policy

SECTION A : ELECTRONIC PAPER FORMAT (PDF EPAPERS OR RELATED )

1. Access to ePaper

1.1 Only subscribers to our publications are entitled to become users. In order to access
the ePapers one must be a fully registered and paid up subscriber.
1.2. As user, you are obliged to keep the password secret and not to pass this on to
third persons. Should you become aware of any facts that indicate a risk that third
parties have gained knowledge of your password or have used this, you are obliged to
change the password immediately or to inform AMH about this without delay.

2. Use of contents and the rights of third parties
2.1 The Newsday, incorporating The Southern Eye, The Standard and the Zimbabwe
Independent ePapers are all trademark protected or copyright protected in favour of
Alpha Media Holdings (Pvt) Ltd. Any utilisation going beyond the legal entitlements of
subscribers mentioned herein shall require the prior written permission of Alpha Media
Holdings (Pvt) Ltd. Queries about the acceptability of a certain utilisation or a request for
permission for a utilisation should be scontact ent to: kmafukidze@alphamedia.co.zw
legal@alphamedia.co.zw

3.Printing of ePapers
3.1 Printing is not permissible. The user may only store individual pages in electronic or
electromagnetic form. Any further reproduction, in whole or in part is excluded.

4. Use of ePapers:
It is permissible to download the ePaper(s) in their entirety. It is not permitted to
reproduce, distribute, amend, or systematically draw on contents from the online
application or websites in order to make these contents available to third parties, either
directly or indirectly.

5. Number of users:
This is expressly a single-user subscription i.e. only the registered user is permitted to
access the information that is offered. If you are interested in a multi-user subscription
license we will gladly make you an offer on request. Please send enquiries
to: kmafukidze@alphamedia.co.zw

6. The publisher AMH reserves the right to investigate cases of suspected
unauthorised use or other breaches of contract, and to adopt appropriate measures, in
particular to exclude the subscriber from further utilisation in whole or in part, either for a
certain period or, in the event of severe breaches, completely.

7. The publisher AMH is not responsible for the actions of other users.

8. Concluding provisions
It should be noted that with the end of the subscription, the rights of access to the
ePaper archives expire. Furthermore, it is then no longer possible to access the ePaper.
Ensure that you establish a personal offline ePaper archive for your own use before the
subscription terminates.

SECTION B : GENERAL SITE ACCEPTANCE – TERMS OF USE

Acceptance of Terms

This Agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.

Modifications of Terms of Use

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of the Site

The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.

Registration Information

For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of NewsDay’s Privacy Policy.

Term

This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.

Non-Commercial Use by Members

Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of NewsDay and should not use the site for any purpose.

Links & Framings

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

Warranty Disclaimer and Exclusions / Limitations of Liability

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.

Intellectual Property Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of NewsDay. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Waiver

Failure of the NewsDay to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

Severability of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of Zimbabwe, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Zimbabwe, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.