Terms & conditions
Introduction
These terms and conditions govern use of this website; by using this website, you accept these terms and
conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions,
you must not use this website.
You must be at least [18] years of age to use this website. By using this website [and by agreeing to these
terms and conditions] you warrant and represent that you are at least [18] years of age.
License to use website
Unless otherwise stated, Tsolohi Communications trading as The Tswana Times and/or its licensors own the
intellectual property rights in the website and material on the website wholly, indivisibly and exclusively.
Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the
website for your own personal use, subject to the restrictions set out below and elsewhere in these terms
and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- [edit or otherwise modify any material on the website; or
- [redistribute material from this website [except for content specifically and expressly made
available for redistribution].
Where content is specifically made available for redistribution, it may only be redistributed by properly
and explicitly used when crediting the source as The Tswana Times
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment
of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,
rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in relation to this website without express
written consent of The Tswana Times.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Tswana Times express
written consent.
Restricted access
[Access to certain areas of this website is restricted.] The Tswana Times reserves the right to restrict access
to [other] areas of this website, or indeed this entire website, at The Tswana Times discretion.
If The Tswana Times provides you with a user ID and password to enable you to access restricted areas of
this website or other content or services, you must ensure that the user ID and password are kept
confidential.
The Tswana Times may disable your user ID and password in The Tswana Times sole discretion without
notice or explanation.
User content
In these terms and conditions, “user content” means material (including without limitation text, images,
audio material, video material and audio-visual material) that users submits to this website, for whatever
purpose.
The grant to The Tswana Times a worldwide, irrevocable, non-exclusive, royalty-free license to use,
reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You
also grant to The Tswana Times the right to sub-license these rights, and the right to bring an action for
infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must
not be capable of giving rise to legal action whether against users or The Tswana Times or a third party (in
each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened
or actual legal proceedings or other similar complaint.
The Tswana Times reserves the right to edit or remove any material submitted to this website, or stored on
The Tswana Times servers, or hosted or published upon this website.
Notwithstanding The Tswana Times rights under these terms and conditions in relation to user content,
The Tswana Times does not undertake to monitor the submission of such content to, or the publication of
such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Tswana
Times makes no representations or warranties in relation to this website or the information and materials
provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Tswana Times does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in
relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
The Tswana Times will not be liable to you (whether under the law of contact, the law of torts or otherwise)
in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or
business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Tswana Times has been expressly advised of the potential
loss.Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be
unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Tswana Times
liability in respect of any: - death or personal injury caused by The Tswana Times negligence;
- fraud or fraudulent misrepresentation on the part of The Tswana Times; or
- matter which it would be illegal or unlawful for The Tswana Times to exclude or limit, or to attempt
or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website
disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, The Tswana Times has an interest in limiting the personal
liability of its officers and employees. You agree that you will not bring any claim personally against The
Tswana Times officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set
out in this website disclaimer will protect The Tswana Times officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors as well as The Tswana Times.
Unenforceable provisionsIf any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will
not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify The Tswana Times and undertake to keep The Tswana Times indemnified against any
losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any
amounts paid by The Tswana Times to a third party in settlement of a claim or dispute on the advice of The
Tswana Times legal advisers) incurred or suffered by The Tswana Times arising out of any breach by you of
any provision of these terms and conditions[, or arising out of any claim that you have breached any
provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to The Tswana Times other rights under these terms and conditions, if you breach these
terms and conditions in any way, The Tswana Times may take such action as The Tswana Times deems
appropriate to deal with the breach, including suspending your access to the website, prohibiting you from
accessing the website, blocking computers using your IP address from accessing the website, contacting
your internet service provider to request that they block your access to the website and/or bringing court
proceedings against you.
Variation
The Tswana Times may revise these terms and conditions from time-to-time. Revised terms and conditions
will apply to the use of this website from the date of the publication of the revised terms and conditions on
this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Tswana Times may transfer, sub-contract or otherwise deal with The Tswana Times rights and/or
obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms
and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, constitute the entire agreement between users and The Tswana Times in
relation to your use of this website, and supersede all previous agreements in respect of use of this
website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Botswana,
and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the
courts of Botswana.
Registrations and authorisations
Holding company Tsolohi Communications is registered with Companies and Intellectual Property
Authority(CIPA) – Botswana. It is also registered with the Registrar of Societies in Botswana.