K53

Terms and Conditions

1 Disclaimer

New Holland Publishing South Africa (Pty) Limited is the owner of the K53.mobi WAP site. Whilst every effort has been made by New Holland Publishing South Africa (Pty) Limited (herein NHP or K53.MOBI) and its suppliers of information to ensure the proper performance of the K53.mobi WAP site, NHP, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, and secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion. Errors will be billed in full. By using NHP's Services you indemnify and hold us harmless against all or any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect special or consequential damages) and whether in action based on contract, negligence or any other action, arising out of or in connection with failure or delay in performance of the Services offered or the use of said Services.

2 Terms

The basic services offered by our WAP Site ("K53.MOBI") are provided to you on an "as is" and "as available" basis. NHP uses its best efforts to maintain the quality of its services, but you should not assume that K53.MOBI is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

3 Content

3.1 K53.MOBI links you to websites, WAP sites, Content Providers, Service Providers and Network Operators and information located worldwide throughout the Internet. Because NHP has no control over such sites and information, NHP offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.
3.2 NHP shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this wap site, utilising any service offered on this wap site or relying on any information contained on this wap site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

3.2.1 errors or discrepancies in the information provided;

3.2.2 any unauthorised access of this website by third parties;

3.2.3 any breakdown or failure of any equipment or medium of access to this website;

3.2.4 any failure or unavailability of K53.MOBI or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;

3.2.5 the destruction or accessing of the User's data or equipment;

3.2.6 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.

3.3 You hereby indemnify NHP against any demand, claim or action against NHP relating to or in connection with your use or accessing of this wap site whether directly or indirectly for any reason whatsoever.

3.4 NHP reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this wap site or any part hereof at any time.

3.5 Unless expressly stated to the contrary, NHP owns the intellectual property rights in and to this wap site and the unauthorised use hereof is expressly prohibited.

3.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via K53.MOBI. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

4 Privacy

For the purposes of this Terms & conditions and Privacy Policy, our websites and Wireless Application Protocol (WAP) sites are treated identically and are covered simultaneously by this statement, as they are no more than different methods of obtaining the same information and hence do not warrant separate policies.

- What personally identifiable information does NHP collect from me?
- How does NHP use my information?
- With whom does NHP share my information?
- What are cookies and how does NHP use them?
- Use of IP-Address
- Links to other sites
- Security
- E-mail
- Under-16 users

NHP is committed to bringing you information, whether on the internet, by e-mail or by SMS, tailored to your individual needs and recognises the importance of protecting the privacy of personally identifiable information collected about our users. In adopting this customer privacy policy, our intent is to balance our legitimate business interests in collecting and using information and our user's reasonable expectations of privacy. By using this site, you signify your assent to NHP's Privacy Policy. If you do not agree to this policy, please do not use our service. Your continued use of NHP following the posting of changes to these terms will mean you accept those changes.

4.1 What personally identifiable information does NHP collect from me?

NHP collects information in several ways. Some personal information (such as a name, mobile number and e-mail address) is gathered when you register for the services, and more detailed information is collected for specific purposes - such as when you are trying to link to your POP3 e-mail account. When you are in a section of K53.MOBI and are asked for personal information, you are sharing that information with NHP, its divisions and/or its third party service providers unless it is specifically stated otherwise. Promotions that run on K53.MOBI may be sponsored by companies other than NHP or may be co-sponsored by NHP and another company. Some or all data collected during a promotion may be shared with the sponsor. Please be aware that K53.MOBI advertisers or websites that have links on our site may collect personally identifiable information about you. The information practices of those websites are not covered by this privacy statement.

4.2 How does NHP use my information?

Our primary goal in collecting personal information is to provide our users, with a better online experience, including interactive communications, online shopping and other services. By knowing a little about you, NHP and its partners are able to deliver more relevant advertisements and content, and hence better service to you. NHP delivers targeted advertisements on behalf of advertisers. Advertisers give us an advertisement and tell us the type of audience they want to reach. We take the advertisement and display it to users meeting those criteria. In this process, the advertiser never has access to individual account information. Only NHP has access to your information. This kind of advertisement targeting is done with banner ads, pop-up advertising, button ads as well as promotional e-mail. NHP conducts research on our users' demographics, interests, and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analysed on an aggregated basis. NHP may share this aggregated data with advertisers or business partners. NHP may send marketing information to users via SMS, MMS or email to inform users of new products and services. Messages are based on previous purchases of NHP products. Users wishing not to receive these messages should send the words "stop SMS" to 0837002809 (R0.50).

4.3 With whom does NHP share my information?

As a general rule, NHP will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below.

- Traffic: Web servers serving K53.MOBI automatically collect information about which pages each user visits and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers. Any personally identifiable information provided by subscribers online as part of an online advertising promotion or in order to access a third party service may be provided directly to the advertiser or third party concerned.
- Promotions: Many promotions offer opportunities to request additional information from sponsors. When you request more information about a particular promotion, your e-mail address may be shared with the sponsor of that promotion.
- Shopping: If you make a purchase from an online store or merchant, the information obtained during your visit to those stores (including tracking information and cookies as described below as well as the information you give such as your credit card number and contact information) is provided to the merchants. This is to enable transactions to take place.
- Third parties: Online merchants providing services in association with K53.MOBI have separate privacy and data collection practices. NHP has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that store's home page and click on the appropriate link.
- Legal: NHP may also disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury to or interference with (either intentionally or unintentionally) NHP's rights or property, other K53.MOBI users, or anyone else that could be harmed by such activities.
- Statistics and advertisements: NHP may perform statistical analyses of user behaviour in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. NHP also uses demographic information to allow advertising banners on our wap site to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analyses and banner advertisement targeting, we will disclose information to third parties only in aggregate form.

4.4 What are cookies and how does NHP use them?

Cookies are pieces of information a website transfers to a user's hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences while you're at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard -- you'll find them at most major websites. In certain areas of the site, K53.MOBI places a "cookie" on the browser of a K53.MOBI user's computer to store and sometimes track information about you. A cookie can be used to tell when your computer has contacted a Web site; we use the information for purposes such as measuring certain traffic patterns, making sure that you don't see the same ad too many times in a single session, serving personalised content and so on. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of K53.MOBI will not function properly if you refuse cookies. For example, without cookies, you will not be able to set personalised TV Guide preferences. You may occasionally get cookies from our advertisers. K53.MOBI does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

4.5 Use of IP address

K53.MOBI also may also log IP addresses, or the location of your computer on the Internet. An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. K53.MOBI collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When users request pages from the K53.MOBI network, our servers log the users' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies or Terms of use Agreement or to protect our service, site, customers or others.

4.6 Links to other sites

Users should be aware that when you are on k53.MOBI, you could be directed to other sites that are beyond our control. There are links to other sites from k53.MOBI pages that take you outside our service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users collect data or solicit personal information. K53.MOBI does not control the privacy policies of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks. Please keep in mind that whenever you give out personal information online --- for example, via e-mail messages or contact information --- which information can be collected and used by people you don't know. While k53.MOBI strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

4.7 Security

The importance of security for all personally identifiable information associated with our users is of utmost concern and importance to us. We exercise great care in providing secure transmission of your information from your PC or phone to our servers. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, NHP cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

4.8 Policies for individuals under the age of 16 years of age

NHP encourages parents, teachers and guardians to spend time online with their children and to participate in the activities offered on the sites. No information should be submitted to or posted at K53.MOBI by guests under 16 years of age without the consent of their parent, teacher or guardian.

5 General Subscription Terms and Conditions

- Please ensure bill payer's permission before requesting any content or using any of the advertised services.
- If you request a subscription service, NHP will bill you immediately and then once a day, week or month thereafter (as indicated in the service pricing and term).
- If you have insufficient funds in your phone account at the time of billing, NHP will bill you periodically over a period of up to 90 days in order to collect any outstanding funds. Thereafter you will be automatically unsubscribed from the respective service.
- All prices include VAT.
- Errors will be billed in full.
- All subscription services require the user to have a WAP enabled mobile phone.
- WAP & Bearer charges apply.
- No free Minutes or free sms's.

- For help with handset compatibility, please phone our Customer Care Line on 0837002809 (Vas Rates. Free minutes do not apply) Monday to Friday: 07:00 to 20:00 Saturday: 08:00 to 16:00. Or email us at support@K53-test.co.za
- Actual content may differ slightly form advertised content.
- NHP may contact you with offers or information by SMS or MMS. To opt out, sms STOP SMS to 0837002809 (R0.50/SMS).
- NHP does not guarantee the availability of content at discount prices, or the inclusion of content in any club offer. Rights restrictions dictate the content that may be included in any special offer.