TERMS AND CONDITIONS
When you subscribe to or utilize the services offered by us on this web site, you warrant that you are 18 or over.
Part A: General Information and Terms
1.1. “We” are Chapel Lane Media, and “us” and “our” have a corresponding meaning herein.
1.2. Chapel Lane Media is a private company incorporated in accordance with the laws of the Republic of South Africa.
1.3. For any general queries you can contact our Commercial Director Charl du Plessis – firstname.lastname@example.org.
1.4. Our postal address is PostNet Suite 110, Private Bag x18, Milnerton, 7435.
1.5. Our physical address is Shops 1 & 2 La Savina, Half Moon Bay, Century Way, Century City, 7441.
1.6. Our telephone number is 0861 PLAYBOY (752 9269).
1.7. Our e-mail address is email@example.com
1.8. Our webmaster can be contacted at firstname.lastname@example.org
2.1. Account means your subscription account for the use of our services;
2.2. Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, and tags contained on this web site;
2.3. Contributor Guidelines means our guidelines for making content contributions to this web site, which is set out here;
2.6. User means any User of this web site, including any advertiser, subscriber, blogger, member, contributor or other User of the services offered here;
2.7. We, us and our means Chapel Lane Media (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
2.8. You mean a User of this website;
2.9. The singular includes the plural and vice versa; and
2.10. 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
3.1.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.
3.2.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.
3.3.To create an Account you must be a natural person
3.6.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 of 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.
3.7.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.
3.8.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.
3.9.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.
3.10.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 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.
3.11.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.
3.12. 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.
3.14. 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.
3.15. 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.
Part B: Magazine Subscriptions
1.1. You may submit a request to subscribe to one of our magazines by completing the online transaction 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.
1.2. Subscribers to our magazines must be 18 years or older. 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.
1.4. 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.
1.5. 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.
1.6. If you do not receive a confirmation notice after completing the online transaction or if you experience an error message or service interruption after submitting your online purchase, you should confirm with our webmaster 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.
1.7. 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 Webmaster 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.
1.9. 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 webmaster.
2.Description and Pricing
2.1. 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.
2.2. 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.
2.3. 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.
2.4. 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.
3.1.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.
3.2.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.
4.1. 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 webmaster.
5.1. We will endeavour to ensure that sensitive payment information (such as your credit card details) provided to us is 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.
6.1. In the event that you have any reason to complain, or experience any problems regarding your subscription to a magazine you can contact our webmaster 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
7.1. 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.
7.2. 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.
8. Returns Policy
8.1. If you are not completely satisfied with your subscription of Playboy South Africa, please see the Terms and Conditions of PLAYBOY South Africa’s subscription agent RNA Distribution (RNA Terms & Conditions). An extract of the Returns and Cancellation policy is listed below.
8.2. Once we have accepted your subscription and payment, we will (subject to applicable laws in the Republic of South Africa) refund you under the following circumstances:
(i) we are unable to fulfill your subscription. If this is the case and you have already received issues for a period will deduct from your original amounts paid to obtain a proportionate refund;
(ii) where there are exceptional circumstances, which we will assess on a case by case basis. If, for example, you move abroad then please contact our customer services team (see details in section 7 below). If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund.
8.3. You may terminate your subscription prior to the expiry of the subscription term you have selected by giving us at least 20 (twenty) days notice of termination, in which event: – you shall pay us all subscription amounts up to the date of cancellation; and a cancellation fee in an amount equivalent to 30% (thirty percent) of all subscription amounts payable for the balance of the term you have selected.
8.4. We may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you.
8.5. If you pay for your subscription by direct debit you can cancel the direct debit at any time after your initial payment has been made in writing. Please notify us of the cancellation before next payment of subscription takes place to ensure that subscription ends on the date your next payment would have been due.
8.6. If your subscription ends or is cancelled and you are entitled to a proportionate refund, this will only be applicable to issues not yet dispatched. If you have a query about obtaining a refund, please contact our customer services team.
8.7. Chapel Lane Media trading as PLAYBOY South Africa will not refund any monies paid in respect of the registration fee for the PLAYBOY Casting Calls. These fees cover the registration process and are non refundable, as stipulated in the PLAYBOY Casting Calls registration form. The registration fee is to cover the administration process and cannot be refunded if the applicant misses an appointment.
8.8. Cancellation of the PLAYBOY Casting Calls registration process or an appoint, within a reasonable period of time, will be dealt with on an individual case basis.
Part C: Competitions, Prize Draws and Give-Aways
Unless otherwise stated these terms and conditions apply to all competitions/prize draws appearing in the Playboy South Africa Magazine and/or on any Playboy South Africa related websites. Since general terms and conditions cannot cover every specific competition / prize draw, the restrictions printed in the text of said competition / prize draw should be read carefully alongside these. Chapel Lane Media reserves the right to amend and supplement these Terms & Conditions without prior notice.
1.1. Unless otherwise stated these terms and conditions apply to all competitions/prize draws appearing in publication or on the Internet sites of the Playboy South Africa Magazine and/or its affiliated companies. Any different or supplemental terms and conditions specific to each competition / prize draw will be published with competition / prize draw details. In the event that the terms and conditions published specifically for each competition / prize draw are in conflict with these terms and conditions, the terms and conditions published specifically for each competition / prize draw shall prevail.
1.2. All entrants must agree to observe these terms and conditions. The submission of any entry shall be deemed to indicate acceptance of these terms and conditions.
1.3. These terms and conditions are subject to amendment or alteration from time to time.
Competitions / prize draws are open to any person resident in South Africa except:
2.1. Employees of Chapel Lane Media or any associated company of Chapel Lane Media and their immediate families.
2.2. Persons connected with the competition / prize draw and their immediate families i.e. prize sponsors, newsagents, wholesalers & their agents.
2.3. Entries must be sent on / before the published closing date and time. Late entries will not be considered.
2.4. Chapel Lane Media or any associated company of Chapel Lane Media will not be held responsible for loss of, delay or damage to any entry.
2.4.Not person under the age 18 may enter for any competition, prize draw or give away published in either the Playboy South Africa Magazine or any of the Chapel Lane Media websites.
3.1.Entries that do not comply with the terms and conditions as stated in the published competition / prize draw will be declared void.
3.2.The decisions of the judges are final. No correspondence will be entered into concerning the judges’ decision and no cash alternative will be offered for stated prizes.
Winners will be notified in writing via email or telephone of the results after the competition has closed and the winners were drawn.
5.1. Prizes will be as published and cannot be exchanged for cash or anything else, nor transferred to another person. Vouchers must be redeemed in the time limit specified by the sponsors or if not specified, within 3 months of winning the prize.
5.2. Chapel Lane Media does not warrant the fitness for purpose nor the quality of any goods supplied by it as prizes. Complaints relating to the goods supplied as prizes will be investigated as a matter of goodwill only and prize winners accept prizes subject to all defects whether latent or apparent.
5.3. In the event that there is more than one winner of a prize that is, by its nature, divisible (for example a cash prize) then such prize shall be shared, subject to the decision of the judges, between the winners pro rata.
5.4. In the event that there is more than one winner of an indivisible prize, the winners shall participate in a draw and the prize shall be awarded to the winner of the draw. The method of conducting the draw shall be at the discretion of the judges and will not be disclosed.
5.5. Chapel Lane Media will notify the winner by email or telephone of the intended delivery method of his or her prize. If prizes are to be collected by the prize winner, Chapel Lane Media will notify the prize winner of the address where the prize may be collected. If such prize is not collected within 14 days of receiving this notification, the prize shall remain the property of Chapel Lane Media to do with as it considers fit.
5.6. A prize cannot be awarded to a person who for any reason would not be allowed by law to purchase or use the prize.
5.7. Although Chapel Lane Media will try to ensure that all prizes are received by the prize winners, its responsibility within the terms and conditions is limited to providing only those prizes that it has offered. Certain prizes are offered by third parties and Chapel Lane Media will not accept responsibility for any refusal or failure by such third parties to provide such prizes or for any defect in or damage to any such prizes.
5.8. Only one prize per person can be won in the same competition / prize draw, unless the stated prize is offered for more than one winner. In which case, refer to point 5.3.
5.9. Where prizes include sponsored flights to any destination whether local or international, the prize winner will be responsible for paying the airport taxes associated with the prize, at a rate as indicated on the confirmation details of the ticket. Ticket reservations are subject to availability and cannot be taken over long weekends, public holidays, school holidays and other peak times.
5.10. In a case where prizes include sponsored flights to and/or from a specific destination, and the prize winner already resides at or is located close to or at the specified destination, the prize cannot be transferred to another person (see 5.1) or flights exchanged or altered to refer to a different route as indicated by the sponsoring airline, and the prize winner will thus forfeit the tickets. The prize winner will be responsible for any fees arising from the change or alteration made to a flight schedule.
5.11. Where prizes include accommodation, said accommodation is subject to availability and is at the discretion of the prize sponsor. The accommodation cannot be booked over long weekends, public holidays, school holidays and other peak times. All accommodation is, unless stated otherwise, done on a bed and breakfast basis, and all other costs incurred by the prize winner will be for his or her account.
5.12. Where prizes include the use of a rental vehicle, unless stated otherwise, said prize would exclude administration costs, taxes, fuel levies and insurance and excess costs as stipulated by the prize sponsor. Damage to any vehicle, and subsequent repair or replacement costs, whether the damage caused is by the inadvertent or deliberate negligent actions of the driver, will be the responsibility of said driver. The terms and conditions of use as stipulated by the prize sponsor shall take precedent in such a manner, and Chapel Lane Media shall accept no responsibility or liability for the actions of the driver. In a case where prizes include car rental at a specific destination, and the prize winner already resides at or is located close to or at the specified destination, the prize cannot be transferred to another person (see 5.1) or car rental exchanged or altered to refer to a different destination as indicated by the sponsoring car rental company, and the prize winner will thus forfeit the car rental.
6.1. No correspondence will be entered into regarding the interpretation of either these terms and conditions or those specific to each competition / prize draw.
6.2. Unless the context otherwise requires, in these terms and conditions the singular shall include the plural, the masculine shall include the feminine and vice versa.
6.3 Except for the payment of standard short message service (SMS) fees to the cellular phone provider of the entrant in stated SMS competitions, no purchase is necessary for entry in our competitions unless the terms and conditions specific to a particular competition provide otherwise.
6.4. All competition winners consent to receiving correspondence from Chapel Lane Media and/or other prize sponsors in relation to the competition entered, and will allow Chapel Lane Media and/or other prize sponsors to use their details for publicity purposes, although personal details will be kept confidential.
Part D: Complaints and General
1.1.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
1.5. 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.
1.6. 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.