Terms and conditions of use

Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via www.news.montageafrica.com, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the “Montage Africa Site” or “our site” we mean the digital information network operated by or on behalf of Montage Africa News & Media Limited or its parent companies, subsidiaries and affiliates (collectively “Montage Africa”), including without limitation, www.news.montageafrica.com, www.news.montageafrica.com and any other domains, websites or apps owned or operated by Montage Africa, and the material on such domains, websites and apps, in each case as may be updated from time to time. However you access the Montage Africa Site (whether via a third party site, app, link or otherwise), you agree to be bound by these terms and conditions.

Though you should read all sections carefully, your attention is specifically drawn to the following sections of these terms and conditions: section 3 (which concerns your use of material on the Montage Africa Site), section 4 (which sets out our disclaimers of liability), section 6 (which concerns the content you submit to us) and section 12 (the indemnification you provide to us for your breach of these terms and conditions).

If you have accessed the Montage Africa Site from the United States or Australia, you also agree to be bound by the additional terms contained at the end of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel or restrict your access to all or part of the Montage Africa Site immediately and without prior notice.

1. Registration

You may access areas of the Montage Africa Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Montage Africa Site, you agree that:

i. your account and password are personal to you and may not be used by anyone else to access the Montage Africa Site;

ii. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Montage Africa Site; and

iii. you will not create registration accounts for the purpose of abusing the functionality of the Montage Africa Site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by logging into your account settings and selecting ‘delete account’. Please note that if you make payments to us on a recurring basis through an active membership, contribution or subscription you will not be able to automatically delete your account online. Please follow the instructions you are given on the account deletion page and try again if you still want to delete your account. Otherwise please contact us using the contact details for your region that can be found on the help centre.

If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Montage Africa Site. Continued use of the Montage Africa Site indicates your continued acceptance of these terms and conditions.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Montage Africa Site

You acknowledge that, as between Montage Africa and you, except for user content and advertisements (as discussed below), Montage Africa is the sole owner or the licensee of all content on the Montage Africa Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video, URLs, metadata and other material appearing on the Montage Africa Site (“Montage Africa Content”). The Montage Africa Site and the Montage Africa Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.

Your use of the Montage Africa Site and Montage Africa Content is for your own personal and non-commercial use only. You may download and print extracts from the Montage Africa Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.

Without limitation, you shall not use (and you shall also not facilitate, authorise or permit the use of) the Montage Africa Site and/or any Montage Africa Content (including, any caption information, keywords or other associated metadata) for any other purpose without our prior written approval – this includes, without limitation, that you shall not use, copy, scrape, reproduce, alter, modify, collect, mine and/or extract the Montage Africa Content: (a) for any machine learning, machine learning language models and/or artificial intelligence-related purposes (including the training or development of such technologies); (b) for any text and data aggregation, analysis or mining purposes (including to generate any patterns, trends or correlations); or (c) with any machine learning and/or artificial intelligence technologies to generate any data or content or to synthesise or combine with any other data or content; or (d) for any commercial use.

Other than as expressly set out in these terms and conditions, or otherwise approved in writing by the Montage Africa, you shall also not use, or facilitate, authorise or permit the use of, any (i) “robot”, “bot”, “spider”, “scraper”, “crawler” or (ii) other automated device, program, technique, tool, process, algorithm or method (whether for data gathering, mining, collection, reading, scraping, extraction or other purposes), in each case, on or in relation to the Montage Africa Site and/or the Montage Africa Content.

You shall not use any service, software, device, tool, method, program, technique, algorithm or process to circumvent any restriction, condition, protection or technological measure that controls access to the Montage Africa Content in any way, including bypassing or circumventing any access controls or use limits of the Montage Africa Content (including, by way of example, robots.txt internet protocols or similar or successor protocols).

For the avoidance of doubt, the Montage Africa reserves all rights in the Montage Africa Content, (including for the purposes of Article 4(3) of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC) and similar reserved rights in other jurisdictions, in each case, to the maximum extent permitted by applicable laws.

Except as expressly authorised by the Montage Africa, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Montage Africa Site.

Our robots.txt notice does not, and shall not, constitute the Montage Africa’s permission or approval for the purposes of these terms and conditions. These terms and conditions shall prevail in all respects over our robots.txt notice.

If you wish to use our content other than as permitted by these terms and conditions, or as otherwise set out in the Montage Africa’s Open Licence Terms, please contact us at licensing@theMontage Africa.com or visit our Licensing website

If you operate a media monitoring service , then you are obliged to contact NLA Media Access Ltd directly to discuss your licensing requirements.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Montage Africa Content. Nothing in the Montage Africa Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Montage Africa Content or any part of it. You can access other sites via links from the Montage Africa Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Montage Africa Site or the Montage Africa Content. In particular, we do not warrant that the Montage Africa Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Montage Africa Site, we do not guarantee this. We accept no responsibility or liability for any unavailability, interruption or delay.

If you are accessing the Montage Africa Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 14 onwards apply.

5. Third party advertising on the Montage Africa Site

You will see advertising material submitted by third parties on the Montage Africa Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the Montage Africa Site, please contact the sales team via this online form. The Montage Africa is the sole direct seller of advertising on the Montage Africa Site. You shall not deal with any third parties in relation to the sale and placement of advertisements on the Montage Africa Site, except for those third parties approved by the Montage Africa from time to time.

6. User content

Users of our site may be permitted to submit content for publication in various areas of the Montage Africa Site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at theMontage Africa.com/community-standards which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Montage Africa Site.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Montage Africa Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereafter invented.

You acknowledge and agree that when you post content on the Montage Africa Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Montage Africa, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Montage Africa Site.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Montage Africa Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Montage Africa Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Montage Africa Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Montage Africa Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Montage Africa Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Montage Africa assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Montage Africa Site.

If you are under 16, you confirm that you have permission of your parent or Montage Africa to submit content.

Any queries regarding copyright and your content should be directed in the first instance to rights@theMontage Africa.com.

Readers of our print products submitting content to Montage Africa News & Media should read our terms here.

7. Apps

You may download certain Montage Africa apps, including “The Montage Africa News App” (the “Live App”), either from Montage Africa Sites or from third party app stores or shops (“the Apps”). All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Montage Africa Sites).

In addition to the limitations on our liability set out in Sections 4, 17 and 18, we shall not be liable for any damage caused to, or interference with, any equipment or other apps or content of any description.

8. App Meter

The Live App contains a meter, which places a limit on the Montage Africa Content you may access on the Live App without charge (“App Meter”). If you have an existing subscription with the Montage Africa which includes access to Montage Africa Content on the Live App, the App Meter will not apply to you and you will just need to sign into your Montage Africa account to continue your unlimited access.

The App Meter will give you an amount of free content (“Content Allowance”) that you may access within a particular time period (the “Access Period”) when using the Live App. Your Content Allowance and the Access Period will refresh within the time period shown on the App Meter (the “Refresh Period”).

Once you have reached the Content Allowance within the Access Period, you will not be able to access any further content on the Live App: (i) unless you subscribe to the Live App; or (ii) until a new Content Allowance and Access Period apply following a Refresh Period. Before you incur any charges via the Live App, we will make it clear that charges apply and specify the services that we will provide to you in return for payment.

From time to time, we may vary the Montage Africa Content that is subject to the App Meter, the Content Allowance, the Access Period and the Refresh Period on the Live App. At times, this may mean that different Montage Africa Content, Content Allowances, Access Periods and Refresh Periods apply to different users at any time. If you do not agree with changes to any of these things, you must stop using the Live App.

We reserve the right to introduce temporary offers and discounts from time to time, to enable users to access the Live App without an App Meter for a reduced cost or without charge. These promotional offers will be subject to their own terms, which will be published together with the relevant offer, and subject to availability.

All Montage Africa Content will remain freely available on Montage Africa.com.

9. Data protection

To find out what personal data we collect and how we use it, please visit our privacy policy at theMontage Africa.com/help/privacy-policy.

10. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on the Montage Africa Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Montage Africa Site after it has been posted.

11. Governing law & jurisdiction (except for US users)

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of the Montage Africa Site in the United States is governed by the Section below entitled Governing law & jurisdiction (for US users).

12. Indemnification

You agree to defend, indemnify, and hold harmless Montage Africa, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs, and expenses (including, but not limited to, loss of profits, loss of revenue and attorneys’ fees and expenses), arising out of, or in connection with, a breach by you or any user of your account of: (i) these terms and conditions or privacy policy or (ii) your obligations, representation and warranties under these terms and conditions.

13. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Montage Africa.

Additional terms of use for users in the United States and Australia

14. Additional restrictions on user content for US users

In addition to section 6 above, you agree not to use the Montage Africa Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

15. DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Montage Africa Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

Montage Africa’s designated copyright agent to receive notifications of claimed infringement is: dmca@theMontage Africa.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

16. Governing law & jurisdiction (for US users)

If you have accessed the Montage Africa Site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with Montage Africa or relating in any way to your use of the Montage Africa Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Montage Africa News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Montage Africa Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

17. Additional disclaimers (for US and Australian users)

Visitors to the Montage Africa Site agree that their use of the Montage Africa Site is at their own sole risk. The Montage Africa Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Montage Africa Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Montage Africa also makes no representations and warranties as to any linked sites and Montage Africa has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Montage Africa Site may represent the opinions and judgments of providers or users, such as user content. Montage Africa and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Montage Africa Site by anyone other than authorised Montage Africa employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Montage Africa Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Montage Africa Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Montage Africa does not warrant or guarantee that access to the Montage Africa Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.