PRIVACY STATEMENT

Please review the terms of use of this Website carefully

Introduction

1. Definitions

• EXIT is the monthly newspaper produced by EXIT Publications for the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) community, and its Website
• Our clients are those businesses, organisations and other enterprises and individuals that choose to place advertisements in the newspaper
• “Publisher” means EXIT, or its successors or assigns
• “Publication” means the EXIT newspaper, or any other written publication published and supplied by Publisher
• “Advert” means a printed advertisement supplied by Client for print in the Publication or an equivalent advertisement on the Publisher’s Website
• “Publication date/s” means the respective dates that the Publication is printed and released for distribution or displayed on the Publisher’s Website
• Reference tothe singular includes the plural; natural persons includes legal persons; and gender includes the other gender
• This agreement will commence on the date that the Client signs the booking form and thus places an order for an Advert, and shall endure until all Adverts have been placed according to the option chosen by Client

2. Fees

• Client will pay Publisher a deposit in the amount agreed upon with Publisher at the time of placing an order and the and the balance of the fees within thirty days after the Invoicing Date for that issue’s advert
• Where Client requires Adverts to appear in more than one Publication, fees shallbepayable pro-rata thirty daysafter the Invoicing Date of each Advert
• Should it be deemed by Publisher that any of the following are necessary, the Client shall reimbursePublisherfor any expenses incurred in preparing the Advert for print,including any artwork, graphic design, photography,or copy
• All fees quoted exclude VAT or agency commissions (where applicable), and are payable free of exchange, set off, counterclaim orbank charges
• Cancellations after contract date incur a 50% cancellation fee; and after the materialdeadline incur a 100%cancellation fee
• Fees are subject to change in the event of any change in the Advert, including size,colour or frequency
• Outstanding amounts not paid within 30 days after the Invoicing Date will attract a penalty of 2.5% per month
• Discounts quoted will only apply if payment is received within 30 days of InvoicingDate,full advertising rateswill apply thereafter
• Client will be liable for any and all claims or damages, including legal costs incurred due to failure to pay and in collecting outstanding fees on anattorney and ownclient scale
• Publisher may suspend the printing of any Advert in the event that any amounts are outstanding

3. Obligations

• Publisher will print the Advert in the Publication on the agreed Publication date/s
• The client will provide the final, ready-to-print or publish Advert, in colour and in the format required by Publishernolater than two days before Publisher’s material deadline, on CD to Publisher’s office, or via email to info@exit.co.za
• If Publisher effects any change to the Advert in preparation for print or publishing, Publisher will provide a proof. The client is required to approve such proof within 48 hours of receipt
• While Publisher will endeavour to print or publish Adverts in the required format on the agreed publication Dates,Client understands that delays and errors may affect colour,content, positioning or Publication Dates. If an advert is materially impacted by error or delay, Publisher will reprint the Advert in a future Publication, this being the Client’s sole remedy against Publisher
• Written notice of material error must be furnished by Client within 10 days of PublicationDate.Only significant or material errors will result in a reprint or re-publishing
• Client warrants its entitlement to the Adverts and all related intellectual property, including copyright and trademarks

4. Breach
   • If either party breaches this agreement and fails to remedy such breach within ten days after written notice from the aggrieved party, the aggrieved party may either claim specific performance or cancel this agreement and recover damages

5. General
   • The parties choose as the address at which they will accept communications their respective physical addresses documented herein
   • Publisher will not be responsible to the Client for any consequential losses, loss of profit or special damages. This document represents the whole agreement and no variation hereof, representations or warranties will be of any effect unless in writing and signed by the parties

Disclaimer

The editor reserves the right to edit or reject contributions if necessary. Opinions expressed by contributors to EXIT do not necessarily represent the opinion of the editor or publisher. Publication of the name or photograph of any person or organisation or establishment in EXIT should not be regarded as an indication of the sexual orientation of such persons or members of such organisations or owners or patrons of such businesses.No responsibility can be assumed for unsolicited materials, and submission is construed as permission to publish without further correspondence. Advertisers are advised that all copy and images supplied are their responsibility under the Trade Protection Act

Limitations on Advertisements

We reserve the right to reject advertisements which contain pornographic, slanderous or otherwise offensive or libellous content.We publish advertisements for clients under the following conditions:Cost, size, position and repetition of the client’s advertisement will be established in the Booking Form.All prices quoted exclude VAT

Artwork

Artwork should be delivered to us timeously. The quality of the artwork and its delivery it to us in the correct size and format is the responsibility of Advertiser. Ideally, the artwork will be supplied by clients in accordance with guidelines in our Booking Form, but we are able to make up adverts on behalf of clients. If there are specific images or words or fonts required these must be supplied by the client. Images supplied must be in a suitable format and resolution. The finished advert must be approved by the client, before publication. The cost of the make-up of advertisements will be separately charged for

Printing

While every effort is made to ensure that the printed advert appears as agreed, we can not be held liable for final print quality. Should such a problem occur during the printing, however, we would offer the advertiser their next advertisement at a reduced rate

Frequency

The newspaper is published monthly and is printed and distributed towards the end of a month for the next month. The Website is updated constantly deadlines for the submission of advertisements and content in the newspaper are always around the middle of a month for the next month. We publish the exact date of our next deadline with every issue

Payment for Advertisements Placed in EXIT

By signing a booking form to place advertising in EXIT, or by submitting an advertisement for publication in EXIT, clients are accepting these Terms & Conditions which can be viewed on the EXITWebsite or emailed to clients upon request. Unless otherwise negotiated and agreed via the booking form, payment is due on submission, or acceptance, of artwork.EXIT reserves the right to charge a penalty fee for late payment, which will be at the current prime overdraft interest rate.

Indemnity

Please not that you must be of the appropriate age to surf our Website. Also, you are required to have the necessary cybersecurity protection when surfing our Website. You indemnify and hold EXIT Newspaper harmless against any losses, damages or harm resulting from surfing our Website and using details from our Website, including any losses and/or damages related to personal information shared on our Website or with people you meet through our Website and/or through any interactions with anyone that you meet through our Website

TERMS AND CONDITIONS

Please review the terms of use of this Website carefully

Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. Do not use the site if you do not agree to be bound by these terms.  Do not use this site if you are not of the appropriate age to consume the nature of the content. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms

Introduction

Welcome and thank you for using EXIT Newspaper Website (“the site”). The Website is owned by EXIT PUBLICATIONS HOLDINGS (PTY) LTD (“EXIT”) of 10 9th Avenue, Orange Grove, Johannesburg, 2192, South Africa. The site is maintained by Via Kasi (PTY) Ltd

EXIT Newspaper is the monthly newspaper produced for all, but with the focus on the Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) community and its Website

Information

While we make reasonable efforts to provide accurate and timely information, you should not assume that the information provided is always current or that this site contains all the relevant information available

Competitions

Individual competition T&C as listed on the competition page apply. The winners will be the first correct entries drawn after the closing date. Only one entry per user will be accepted. Only users over the age of 18, are eligible to win. In the event of the judges not being able to get hold of the selected winners on contact details supplied, alternative winners will be selected at the judges’ discretion. The judges’ decision is final and no correspondence will be entered into. The winners must be prepared to be photographed or filmed for publicity purposes for EXIT. The prize is not transferable and may not be converted into cash. Employees of EXIT and the prize sponsor company, their families, agencies or any other parties associated with the competition may not enter. Data collected may be shared with the prize sponsor company but will not be sold or passed on to any third parties. Note that some expenses may not be included in the prize. The winners will be required to provide us with their ID numbers as per the new Consumer Protection Act guidelines

Your Comment

We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the site (“Comments”), but EXIT shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of EXIT and its relevant companies. EXIT and its relevant companies will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments

You warrant that the Comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. EXIT companies disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments

Product Sales and Availability

All products displayed on this site are subject to availability. All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa. EXIT reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations

Colours

We have made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate

Please note that the advice given by the experts is intended as a guideline only. You are hereby notified that whilst EXIT and its related companies will take all reasonable care, we accept no responsibility for reliance on any advice by you and give no warranties or representations in regard to the accuracy or completeness of any advice

Your privacy is very important to EXIT and its companies and therefore any information that you provide to us is stored on a secure server. The site makes use of “cookies” to minimise the possibility of unauthorised access to and disclosure of your personal information. EXIT and its companies may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt-out of this service

Privacy Policy

EXIT and its companies do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties without their consent. We do however reserve the right to disclose information regarding our members and usage of the site to each other and, amongst others, business partners and affiliates, including, but not limited to, advertisers, suppliers and other selected third parties. EXIT and its companies may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law

Intellectual Property

EXIT and its relevant companies retain all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of the relevant EXIT and its relevant companies

EXIT and its relevant companies grant you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site, for your personal use only

Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of EXIT and its relevant companies and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of EXIT and its relevant companies and/or such trademark and/or the copyright owner

Trademarks

“EXIT”, “EXIT Newspaper”, “Living out Loud”,  the EXIT Logo, EXIT Intimacy, EXIT Pleasure,  and all other marks, logos and trade names appearing on this site are trademarks of EXIT and its relevant companies or their licensees in the Republic of South Africa and in certain other countries. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of EXIT and its relevant companies. Your use of any of the trademarks displayed on the site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site. You further undertake not to infringe any right of EXIT and its relevant companies or their licensees in respect of such trademarks. For the purpose hereof, the use of the trademarks on any other web site or networked computer environment is prohibited. All rights not expressly granted are reserved

Advertising and Links

External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between EXIT and its relevant companies and any linked third party or any endorsement by EXIT and its relevant companies of such third party and use of or reliance on any external links provided is at your own risk

Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between EXIT and its relevant companies and any third party placing such advertising or promotional material on the site or any endorsement by EXIT and its relevant companies of such third party and use of or reliance on any such material are entirely at your own risk

Disclaimers and Exclusion of Liabilities

You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis andEXIT and its relevant companies make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.

EXIT and its relevant companies disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services

EXIT and its relevant companies do not warrant that the functions provided by the site will be uninterrupted or error-free, or that the site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, EXIT and its relevant companies shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with EXIT and its relevant companies’ negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services

EXIT and its relevant companies, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet. You will indemnify EXIT and its relevant companies and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to the receipt of products or services supplied by EXIT and its relevant companies pursuant to any such order

Notwithstanding any other provisions contained herein, EXIT and its relevant companies’ liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises

General Terms

The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify EXIT and its relevant companies for any damage caused by any such act attributable to you. EXIT and its relevant companies may suspend the site or any part thereof or terminate your account at any time if EXIT and its relevant companies should determine that you are not using the site in compliance with this agreement or if EXIT and its relevant companies believe the information provided by you is untrue, inaccurate or incomplete

In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof

Any indulgence of extension of time granted by any of EXIT and its relevant companies to you shall not be construed as a waiver or variation of any of our rights or remedies

At the option of any of EXIT and its relevant companies, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court

This Agreement is governed by the laws of the Republic of South Africa

Security Policy

EXIT and its relevant companies will endeavour to ensure that your personal information is protected as it travels over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. ThereforeEXIT and its relevant companies cannot guarantee the absolute security of any information you transmit to us or which EXIT and its relevant companies transmits to you