TERMS OF USE

Welcome to the home of heat, a web site currently located at heat.co.za.

Important Notice

Please read these terms of use carefully. Use of this web site constitutes the following:-

You, the User, acknowledge and understand that by accessing and using this web site, you agree to these terms of use.

Your use of this site and any of the services offered on this web site will be subject to the most current version of these terms of use posted on the site at the time of such use.

When you subscribe to or utilize the services offered by us on this web site, you are entering into a legally binding and enforceable agreement with us and you are acknowledging that you have read, understood and accept these terms of use.

When you subscribe to or utilize the services offered by us on this web site, you warrant that you are 18 or over, alternatively that you have your parents' or legal guardians' authorisation, consent and permission to use the services, participate in our activities and to be bound by these terms and conditions. If you are under the age of 18 we thus require your parent or legal guardian to read and accept these terms of use and to consent to your participation in the activities offered before you use any of our services. We may require your parent or legal guardian to complete our Parental Consent Form to confirm such acceptance prior to allowing you use our services or to participate in activities offered on this site.

If you do not accept these terms of use, you may not use any of the services available via this site.

We may change any of these terms from time to time without further notice. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this site since the then current version of the terms will apply to your use. By utilizing any of the services offered on this site or concluding any transaction via this site, you indicate that you have done so.

Should you have any questions regarding this site's terms of use, please send an e-mail to us at info@heat.co.za or submit it online from our contact us page.

Part A: General Information and Terms

1. General Information
   For your convenience, we have listed below some general information about ourselves:
   1. "We" are Uppercase Media (Pty) Ltd, and "us" and "our" have a corresponding meaning herein.
   2. Uppercase Media (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2000/009700/07.
   3. The chief executive officer of Uppercase Media (Pty) Ltd is Louis Eksteen and the Board of Directors of Uppercase Media (Pty) Ltd is available on request by using our contact us page.
   4. Our postal address is PO Box 785266, Sandton 2146, South Africa.
   5. Our addresses of establishment are at Media 24 Building, 3rd Floor, 5 Protea Place, Sandown, Johannesburg 2196, South Africa; and 9th Floor, 40 Heerengracht, Cape Town 8000, South Africa and we will accept service of legal documents at either of these addresses.
   6. Our telephone numbers are Tel: +27 (0)11 322 0828 (Joburg); and +27 (0)11 300 6767 (Cape Town).
   7. Our e-mail address is info@heat.co.za
   8. We are members of the following professional bodies: Online Publishers Association, whose details can be found at their website.
   9. Our webmaster can be contacted at info@heat.co.za


2. Definitions
   In these Terms of Use:
   1. Account means your subscription account for the use of our services;
   2. Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
   3. Contributor Guidelines means our guidelines for making content contributions to this web site, which is set out here;
   4. Privacy Policy means our privacy policy, which is set out here;
   5. Terms of Use means the terms and conditions set out herein;
   6. User means any User of this web site, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;
   7. We, us and our means Uppercase Media (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
   8. You mean a User of this website;
   9. The singular includes the plural and vice versa; and
   10. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Terms;


3. General Conditions of Use for this Web Site
   1. In order to make full use of this website, you are required to register an Account with us. Your Account will allow you to amongst other things, create a profile and discuss matters of general interest with other members.
   2. You may be required to choose a Username and a password to register an Account. You are responsible for keeping your Username and password secret. You will be required to enter your Username and password every time you want to use your Account. You indemnify us from and hold us harmless against any loss or damage suffered or liability incurred arising from your failure to keep your account details (such as User names, passwords and access codes) secure or from you permitting anyone else to use your subscription account with us. You accept that you will be liable for all data submitted and transactions concluded on your subscription account.
   3. To create an Account you must be a natural person. If you are under the age of 18 we require your parent or legal guardian to read and accept these terms of use and to consent to your use of our services and your participation in the activities offered on our web site before you use any of our services or participate in the activities offered on our web site. We may require your parent or legal guardian to complete our Parental Consent Form to confirm such acceptance prior to allowing you to use our services or to participate in activities offered on our web site.
   4. The information that you or your parent/guardian supply to us with registration of your Account will be subject to our Privacy Policy
   5. You agree to use this site in accordance with these terms of use, and all laws, regulations and codes of conduct (including self regulatory) applicable to you and your use of the Internet and the services provided to you on this site, including our Contributor Guidelines. In particular, you agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party. Furthermore you agree not to use the site in a manner that would bring us, our business and/or any of our affiliates into disrepute.
   6. Please be aware that the Content on this web site, including without limitation, as may be found in the blogs, forums, chat groups, comment sections and bulletin boards of the web site, does not amount to professional advice any kind, be it legal, professional, medical, personal or otherwise, and we recommend Users seek their own advice from a professional in their area. If you choose to rely on such content you do so entirely at your own risk and you accept that we will have no liability to you in this regard. We do not generally monitor, edit, control or filter the content posted by our Users. You acknowledge that content submitted to this web site by other Users do not necessarily represent our views and that we have not authorized nor endorsed such content. We do not endorse any events, products or services posted, promoted and/or listed by Users on our site and our display of such events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant User and are made at your own risk and we, our subsidiaries, officers and employees accept no liability regarding any event, service or product advertised, supplied or otherwise promoted on this site by any third party or any arrangements made in respect thereof, or otherwise incurred in connection with any such events, products or services.
   7. You agree not to use our web site for any unlawful purpose, and, specifically, you agree not to post or transfer to our web site (nor include in any message sent to our web site) any material that is unlawful or violates any third party's rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation hereunder, including, but not limited to, any claims made against us by any third party.
   8. We have to protect our business and secure our systems. Consequently, you, and if you are under the age of 18 your parents or guardians, agree that we may intercept and monitor any communication that you may send to or receive via our web site to the maximum extent allowed by law and you understand that we may use, publish and disclose such communications for any lawful purpose. Monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
   9. We reserve the right, in our sole and absolute discretion, without notice to remove any material you have submitted to our web site and/or to suspend and/or terminate your subscription, access and/or use of any or all of the services and/or this site at any time without notice, and we will probably do so if you act in breach of these terms.
   10. You acknowledge that the ownership in any intellectual property rights (including without limitation, copyright and patent rights) in the components and features of this site belongs to us, excluding any data, materials, comments, ideas, feedback or suggestions specifically submitted by Users, which will remain vested in such Users. You acknowledge that we also own any intellectual property rights in the compilations, collective works and derivative works created by us which may incorporate the content of Users. Accordingly, no part of this site (including its source HTML code) may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content. If you submit any data, materials, comments, ideas, feedback or suggestions to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such data in any manner or form. Framing of the content on this site without our written consent is expressly prohibited.
   11. You may only use the trademarks featured in our site for the purpose of displaying this site on your computer screen or printing out this site on your printer for the purpose of viewing same. Any other use of the trademarks without prior written consent is strictly prohibited.
   12. We, our subsidiaries, officers and employees do not make any warranties, representations or undertakings, express or implied, about the content of this site or the services provided on it or about the content of any other website which may be referred to or accessed by hypertext link from this site, and we do not endorse or approve the content of such third party websites. In particular, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of information contained on this site and we shall not be bound in any manner whatsoever by the information contained on this web site, including errors and omissions. Furthermore, we do not represent that this site is free of viruses or bugs or anything else, which may have a harmful effect on any technology or that the site is compatible with all computer systems and browsers. Any material and/or information downloaded or otherwise obtained through the use of this web site is thus done at the User's sole discretion and risk and the User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
   13. We are committed to protecting your privacy. We will compile and use the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the User, about changes in the services we offer and/or about features we think you would find of interest. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Privacy Policy, including for the purpose of processing your requests. For further information regarding our treatment of your personal information, you are referred to our Privacy Policy.
   14. You use our web site at your own risk. We exclude any and all liability that we, our subsidiaries, officers and employees may incur for any losses or claims arising from an inability to access this site or use a service on this site, or arising from any use of this site or reliance of the data obtained from or transmitted using this web site, to the fullest extent permissible by law, even if we, our subsidiaries, officers or employees were negligent or aware of the problem in advance. In no event will we, our subsidiaries, officers and/or employees be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise arising in connection with your use of this site, save where such liability cannot be excluded by applicable law.
   15. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees on a party and own client scale, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
   16. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your sole responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change, suspend or discontinue without notice, any service component and/or feature of this web site.

Part B: Magazine Subscriptions

1. Subscription Process
   1. You may submit a request to subscribe to one of our magazines by completing and submitting our online Subscription Form to us in the prescribed manner. Our subscription process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your subscription request. Please make sure that the details provided to us are correct before finally submitting the request.
   2. Subscribers to our magazines must be 18 years or older. If you are under the age of 18 we thus require your parent or legal guardian to read and accept these terms and to complete and submit our Subscription Form. When submitting a Subscription Form you warrant and represent that you are over the age of 18 (eighteen) and that you are authorized to make payment in the stipulated manner. We may require reasonably adequate proof of your age. If you fail to provide such proof we may refuse to supply you with the magazine or cancel your subscription and you will be liable for any losses we may incur from such cancellation, including the delivery charges for any failed delivery.
   3. Once submitted, your subscription request will constitute an offer on the terms and conditions contained in these Terms of Use and the Subscription Form that is open for acceptance by us to conclude a binding agreement with you. Following receipt of your Subscription Form (if appropriate), we will send you a confirmation notice confirming acceptance or rejection of your subscription request. Such confirmation notice will be sent to the electronic address specified by you in your subscription request.
   4. A legally binding contract will be formed with you upon our sending of such a confirmation notice confirming our acceptance of your subscription. We reserve the right not to accept or process your subscription request and we will notify you if this is the case.
   5. Please note that while we will try to send to you a confirmation notice in response to your subscription request, we cannot guarantee that such confirmation notice will be received by you, nor that, if it is received by you, that it will be legible or uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded in respect of your subscription.
   6. If you do not receive a confirmation notice after submitting your Subscription Form, or if you experience an error message or service interruption after submitting your Subscription Form, you should confirm with our Customer Care Centre whether or not your request has been received and processed. Only you may be aware of any problems that may have occurred during the subscription process. We will not be liable for any losses you may incur if you assume that a subscription was not processed because you failed to receive our confirmation notice.
   7. The information you have submitted with your Subscription Form will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately. Please remember that no refunds, exchanges, or cancellations of subscriptions are possible, including in respect of a Subscription Form being incorrectly processed because of such error.
   8. These Terms of Use shall override any contrary terms or conditions incorporated by you in your subscription request and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the subscription.
   9. A complete record of your subscription will be sent to the email address you provide to us on the Subscription Form. You should retain such record. We will also retain records of your subscription for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact our Customer Care Centre.
2. Description and Pricing
   1. The magazines and subscription packages offered for subscription via this web site are as stipulated on the web site. All subscription charges displayed on this web site are in South African Rand. We may without prior notice change the price, discontinue the availability or change the magazines or subscription packages that are offered via this web site. Special promotions may be subject to certain additional terms and conditions.
   2. Although we endeavour to procure that the subscription packages that appear on this web site are displayed and described completely and accurately, we do not warrant same and disclaim, to the maximum extent permitted by applicable law, any liability arising from any omissions and inaccuracies pertaining to such display and description.
   3. All prices indicated as applying to subscription packages on this web site will be inclusive of VAT but exclusive of any other taxes and duties such as customs duties, which, unless otherwise indicated, will be charged separately.
   4. All prices indicated as applying to subscription packages on this web site will be exclusive of postal and/or delivery charges which will be separately specified and charged to you in respect of all deliveries in accordance with the normal rates applicable thereto.
3. Payment
   1. We will not be obliged to deliver any magazines to you prior to receiving full payment of the full agreed amount payable for the relevant subscription package.
   2. You will be required to provide the necessary payment details (such as credit card details) and to authorize payment of the amounts payable for the subscription package you may choose when submitting your order. Such authorization will allow us to obtain payment at any time after our acceptance of your order, although such acceptance may be prior to our delivery of such Products and/or Services.
4. Delivery
   We will mail the magazines to the delivery address specified in the Subscription Form. You accept that risk of loss or damage will transfer to you upon such posting. You are responsible for ensuring that your delivery address is correct and will notify us promptly of any changes thereto. You may change your delivery address by sending a written notice containing your new delivery address to our Customer Care Centre.
5. Security
   We will endeavour to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures to protect such information. However, we do not guarantee the absolute security of any information you transmit to us or that is transmitted to you and disclaim any liability arising in connection with any unauthorised access, disclosure or modification of such information.
6. Complaints
   In the event that you have any reason to complain, or experience any problems regarding your subscription to a magazine you can contact our Customer Care Centre during normal working hours. We will require your subscription reference and full details of the complaint. We will try to do our best to resolve such problem.
7. Warranties and Liability
   1. Unless the contrary is stipulated in writing, all magazines are provided without warranty of any kind. Without limiting the aforesaid, we do not give any warranties or make any representations regarding the content, suitability or quality of any magazine. We also disclaim any warranty as to the effectiveness of the security measures implemented by us in respect of this web site.
   2. In no event will our aggregate liability for all claims in connection with any subscription exceed the total amount of fees received from you in respect of such subscription, irrespective of the cause of action (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.

Part C: Competition Rules

1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition's rules will prevail.
2. All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise.
3. Anyone working for us or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this web site.
4. No exchange or cash alternative is available for any prize unless expressly stated otherwise.
5. The closing date for any competition will be as stated. The judges cannot accept responsibility for incomplete, lost or late entries.
6. Any entrant may be required to submit proof of age. Entrants that are under 18 years of age may be required to provide proof of permission from their parent or legal guardian to participate in competitions in the form of a completed Parental Consent Form.
7. The judges decision will be final. We will not enter into correspondence.
8. All entrants' information will be used only in accordance with our Privacy Policy.
9. Where entry by SMS is applicable, SMSs are charged at premium rates. Free rates do not apply.
10. We reserve the right to cancel any competition without notice at any time.
11. Multiple winners may be subject to tie-break to decide an outright winner.
12. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
13. Winners may be required to be photographed for publicity purposes or to participate in a live presentation, radio or television broadcast. No fees will be payable in this regard.
14. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
15. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
16. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges discretion, void entries.
17. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
18. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
19. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and place of origin. Entrants agree that they are the owner of all right, title and interest in all entries and materials submitted therewith, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
20. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
21. Uppercase Media (Pty) Ltd, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.

Part D: Privacy Policy

1. Introduction
   Please read this Privacy Policy carefully as it contains important information about the use of any personal information which you provide to us. Your privacy is very important to us. We are therefore committed to protecting that privacy whenever personal information is requested from you. Provided it is reasonably possible, we will try to use or disclose your personal information only in the manner stated in this Privacy Policy. We do, however, reserve the right to amend this Privacy Policy from time to time, in which case the amended Privacy Policy will supersede and replace any previous policies with effect from the date on which it is posted on this website. Wherever possible, we will give you notice of any changes prior to their implementation. Please visit this Privacy Policy regularly to familiarise yourself with the latest version and to understand what we can do with your personal information. This Privacy Policy forms part of the Terms and Conditions of use for this website.


2. Personal Information

   Personal information refers to all information about you as an identifiable individual, including (but not limited to) your name, address, e-mail address, telephone number, and identity number, but for the purposes hereof will exclude all information that you submit to a publicly accessible section of our web site such as a blog, chat room, bulletin board, discussion group. All information which you submit to a publicly accessible section of our web site may be collected, used and disclosed freely and will not be protected under this Privacy Policy. Your submission of information to such a publicly accessible section of our web site is thus at your own risk.

   For your protection we recommend that you do not disclose any sensitive personal information about yourself or anyone else on this web site, including information pertaining to your or anyone else's mental or medical condition, criminal record, participation in court processes, employment, sexual activities or preferences, religious beliefs, political opinions, race or ethnic origin. Please be aware that such information could be abused by others.


3. Your Consent
   1. You do not have to give us personal information in order to visit or access the freely available sections of our web site. Some services on our web site may, however, be restricted to subscribers only (including but not limited to the placing of orders, promotional features and competitions). In order for you to use such subscriber services we will need some personal information about you. The information will be collected when you register with us or when you choose to use one of the subscriber services available via our web site. We may also collect information regarding your use of our web site to enable us to improve our services and to assess your compliance with the terms applicable to such use.
   2. All your personal information so collected, will be stored, used and disclosed in accordance with this Privacy Policy and you consent to such storage, use and disclosure when you subscribe to these subscriber services. If you are under the age of 18, we may also require the consent of your parent or legal guardian authorising you to submit personal information to us by way of our Parental Consent Form.


4. Personal Information Shared
   1. We will not sell, rent or otherwise disclose your personal information to any third party without your consent, or if you are under 18 the consent of your parents or legal guardians, provided that by using our website and/or subscribing for any of our services, you provide your express and informed consent for us to disclose your personal information to third parties as follows -
   1. to third party companies employed by us to provide services for us, including for example, website hosting, administration, maintenance and development. These companies require access to your personal information to perform their functions and not for any other purposes;
   2. to transfer our customer database/s, including personal information contained therein, to any third party who acquires all or substantially all of the assets or shares in our company or our web site service whether by sale, merger, acquisition or otherwise;
   3. to governmental agencies, exchanges and other regulatory or self-regulatory organisations if we are required to do so by law or if we believe that such action is necessary to –
   1. comply with the law or with any legal process;
   2. protect and defend our rights and property or that of our customers and companies in our group;
   3. prevent fraud or abuse, misuse or unauthorised use of our website; and/or
   4. protect the personal safety or property of our customers or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we will disclose such information to the appropriate regulatory bodies and commercial entities); and
   4. if applicable, to personalise your experience on our web site, to help you log on in future and to continue to use the web site, to reply to queries you might have, to provide you with support and to help us select services or materials for inclusion on our web site which may be of interest to you.
   2. We reserve the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers on our website or business associates and partners. You will not be identifiable from such data as such. We are not responsible and cannot be held liable for the privacy practices of such third parties.


5. Use of Your Personal Information
   1. We and our commercial partners may use your personal data for the purposes of executing transactions concluded with you, for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers, notices about upcoming events and advertising by email, through SMS, within our regular newsletters, through once-off promotional offers or by telephone.
   2. We may also make available your personal information to our affiliates and business partners (who may be located outside South Africa) in order to enable them to offer goods and services that they think will interest you. By using our services and by submitting your personal details, you consent to this transfer.
   3. We may receive information about you from reliable third parties and add it to our database. When we receive such information, we shall use it to improve the personalisation of our service.
   4. If you do not want to receive the information as set out above then please send an e-mail to us at info@heat.co.za


6. Feedback and Complaints
   If you have any questions or comments about our Privacy Policy, or if you have a complaint about how we are using your data, then please write to us or send an email to us at info@heat.co.za.


7. Shopping and Competitions
   1. If you order anything from us we may need your name, e-mail address, delivery address and payment information (such as credit card details) to process that order. We will also take your telephone number so that we can contact you in the event of any problems with this order and we may give this number to couriers who deliver the order. This information may be used in accordance with clauses 4 and 5 above.
   2. When you enter a competition or other promotional feature, we will require your name, telephone number, postal address and/or e-mail address so that we can notify you if you have won. We will require your physical address to deliver any prizes you win. We may use this personal data in the same way as explained in clauses 4 and 5 above.


8. Information Protection
   We may protect personal information by establishing appropriate physical, electronic and managerial procedures to safeguard the personal information we collect from you. This helps prevent unauthorised access, maintains data accuracy and ensures that the personal information is used correctly. In order to carry out these security procedures, we may sometimes ask for proof of identity before we disclose personal information to you.


9. Cookies
   A cookie is a piece of information that is deposited by our computer server when you visit our website which is stored on your computer's hard drive by your web browser. On revisiting the website, our computer server will recognise the cookies, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features of our website.


10. Data Profiles
    1. We may also utilise a personal profile page, which will enable you to update your personal information. This will allow us to maintain accurate and up-to-date personal data. You will have the right to require its correction or removal from our records at any time. If you wish to be deleted from our database entirely, then please send an email to us at info@heat.co.za stating just that.
    2. If you want to update any of your personal information held by us, you can either make certain changes on-line by amending your account details (if enabled) or you can send an e-mail detailing the required amendments to info@heat.co.za. If your account details are password protected, you can help to preserve your privacy by never sharing your password with anyone else.


11. IP Addresses
    Every time you connect to our website we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical purposes and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.


12. Links
    Our website may contain links to other websites. Please note that we are not responsible and cannot be held liable for the privacy practices of third party websites or the manner in which they use cookies and advise you to read the privacy statements of each website you visit which collects personal information.

Part E: Contributor Guidelines

To be a part of the heat community and engage with other users on an ongoing basis, there are two non-negotiable rules we enforce to protect Users and ourselves:

1. We require and encourage Users to share their opinions openly but with due consideration for others. In other words, we want Users to express their opinions freely but without being abusive. While we appreciate constructive criticism we expect all Users to treat others with respect. Users must also be at least 18 years old or have the consent of their parent's or legal guardians to post comments, chat or blog on this site. We may require you to provide us with proof of your age and, if you are under 18, with the consent of your parents or guardians by way of a duly completed Parental Consent Form.
2. We refuse to publish and will remove any content we think is unacceptable. We call everything that is published on our web site content, including your blogs, comments and responses, as well as your personal and business profile information, messages, poll responses, video, text, images etc. If it is available on our site, it is considered content. And while we encourage you to share your views, expand your network and make the connections that count, we must insist that your content not include or be linked to any of the following, which we will probably consider to be unacceptable:
• Hate speech, racism, discrimination, or content that is libellous, defamatory, false, demeaning or misleading or misrepresents another person – particular if obvious or deliberate.
• Any writings that include swear words or obscene or inappropriate language.
• Activities that constitutes stalking, harassment or abuse, or is considered threatening towards a person or other people.
• Anything that infringes someone else's intellectual property rights (including copyright, trademark, trade secret or patent) or amounts to an unauthorised disclosure of confidential information or trade secret. If you quote someone in the content you provide, it's up to you to credit the original author and publication.
• Anything that contains unsolicited advertising or marketing links or material – particularly if such links or material is unrelated to the particular discussion.
• Anything else, including photographs, videos or other images, the publication of which could cause emotional, moral, physical or mental harm to you or other Users, including videos, photographs or other images which are pornographic or offensive, as well as sensitive personal information about you or other Users, such us medical conditions, criminal records, participation in court processes, employment related information, information relating to sexual activities or preferences, religious beliefs, political opinions, race and ethnic origin.
3. We generally decide what's acceptable or not on an item-by-item basis, but we are also in no way limiting ourselves to only evaluating the things mentioned above. We reserve the right to edit and/or remove content, and alter the unacceptable items, as and when required without notifying Users. To a large degree, we will be relying on you to help us evaluate the content on the site. If you see something that you feel is in breach of any or all of the above, please contact email us at info@heat.co.za.

Part F: Complaints and General

1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the email address given in section 1 of Part A above. We will try to do our best to resolve any problems that arise. Please provide us with the following as part of your complaint:
   • Your full names, physical address, telephone number and email address
   • The location and description of the feature or component of our web site which is the cause of your complaint
   • The reason for your complaint including any rights that you allege to be infringed by such feature or component
   • The actions you would like us to take to remedy the problem
   • A statement confirming that you are making the complaint in good faith
   • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
   • Please incorporate your signature into the complaint
2. Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that we may, in our discretion, approach any Magistrate's Court of competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.
3. These terms of use and the terms incorporated herein by reference constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site, and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof.
4. Our failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held to be unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, failing which it will be severed from the remainder of the provisions which will remain of full force and effect to the maximum extent permitted by law.
5. You will not have the right to subcontract, cede, delegate, transfer and/or assign any of your rights, obligations or duties hereunder to any other person and/or entity without our prior written consent. We will have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and/or transfer.
6. We will be excused from any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.