By accessing and/or using any of our platforms or services, you agree to comply with and be bound by these Terms and Conditions.
These Terms and Conditions, together with our Privacy Policy (collectively referred to as the “Terms”), constitute a legally binding agreement between you and SurgeZirc Media, operating through its SurgeZirc SA edition (referred to as “SurgeZirc Media,” “we,” “us,” or “our”). The Terms govern your relationship with us and your access to and use of our services.
For the purposes of these Terms, “Platforms” include, but are not limited to, all websites, mobile websites, mobile applications, email communications, social media accounts, and any other technology or mechanism through which you interact with SurgeZirc Media. “Services” refer to any products, goods, services, features, or functionality offered, owned, or operated by SurgeZirc Media through its platforms.
By continuing to access or use our platforms or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
About Our Terms and Conditions
These Terms and Conditions explain how users may access and use the SurgeZirc SA platforms and services. SurgeZirc SA is a digital media publication operated by SurgeZirc Media, offering free news and informational content to the public.
User Access and Use
Access to SurgeZirc SA platforms is open to all users. You may browse and use our platforms as an anonymous user, and no registration, account creation, or subscription is required to access our content. For the purposes of these Terms, the term “users” refers to any individual or entity accessing or using our platforms in any manner.
By accessing our platforms, you agree to use them responsibly, lawfully, and in accordance with these Terms.
Use of Platforms and Content
The general use of our platforms, services, and all content made available through them is governed by these Terms. “Content” includes, but is not limited to, any information, data, text, articles, images, audio, video, graphics, comments, hyperlinks, or other material published or displayed on our platforms, as well as all associated intellectual property rights, including copyrights, trademarks, logos, and other proprietary rights.
All content is provided for informational purposes only and may not be reproduced, distributed, modified, or exploited for commercial purposes without prior written consent from SurgeZirc Media, unless otherwise permitted by law.
Amendments to These Terms
SurgeZirc Media may update or amend these Terms from time to time. Any revised version of the Terms will be published on our platforms and will take effect from the date of publication. It is your responsibility to review these Terms periodically to stay informed of any changes.
Your continued use of our platforms and/or services after updated Terms have been published constitutes your acceptance of those changes.
Additional Rules and Terms
Certain features, tools, or services available on our platforms may be subject to additional rules or terms from time to time. Where applicable, such additional terms will be made available to users and will apply in conjunction with these Terms. By using those features or services, you agree to comply with any applicable additional rules or terms.
Content on Our Platforms and Intellectual Property Rights
Our Content
All content made available on SurgeZirc SA platforms or through our services (collectively, “Content”) is owned by, licensed to, or lawfully used by SurgeZirc Media, unless otherwise stated.
Except where expressly permitted or required by law, you may not, without our prior written consent:
reproduce, copy, publish, perform, broadcast, adapt, sell, lease, distribute, license, display, transmit, or otherwise use any Content for commercial purposes;
decompile, reverse engineer, alter, or convert the Content into any format other than that in which it is provided;
incorporate any Content into other works, databases, or platforms for any purpose;
remove, obscure, or alter any copyright, trademark, or other proprietary notices appearing on the Content;
frame, mirror, or embed any portion of our platforms or services without authorisation.
You may retrieve, store, print, cite, or refer to Content from our platforms or services solely for educational, research, private, personal, or other non-commercial purposes, as permitted under applicable South African copyright law.
Electronic Clipping Services and Personalised News Services
The use of our Content by electronic clipping services or personalised news services is permitted only if all of the following conditions are met:
only a brief summary of the article is provided, and not the full article as published on our platforms;
SurgeZirc Media is clearly acknowledged as the source of the Content, and all writers, journalists, photographers, and third-party agencies are credited as displayed on our platforms;
a correct and functional hyperlink to the original Content or article on our platform is included;
the date on which the Content was sourced from our platform is clearly stated.
Use by News Aggregators
The use of our Content by news aggregators is permitted only where the aggregator:
displays only the headline and thumbnail image as they appear on our platforms;
provides a correct and working hyperlink to the original article on our platform; and
acknowledges SurgeZirc Media and all credited contributors as identified on our platforms.
Quotation of Content
You may quote small and reasonable portions of Content from our platforms provided that:
the quoted material is placed within quotation marks;
the author is clearly acknowledged; and
a hyperlink to the original Content is included as a footnote or reference.
All permissions and licences granted under this section are non-exclusive and non-transferable and may be withdrawn or terminated by SurgeZirc Media at any time without notice.
User-Generated Content
Your Content
You retain ownership of any original content that you upload, submit, transmit, or store when using our platforms or services (“Your Content”).
SurgeZirc Media retains ownership of all compilations, collective works, editorial arrangements, and derivative works created by us that incorporate Your Content.
By submitting Your Content to publicly accessible areas of our platforms or services, you grant SurgeZirc Media an irrevocable, perpetual, worldwide, and royalty-free licence to use, reproduce, publish, display, perform, distribute, broadcast, adapt, modify, and promote such Content across any media or format.
Any content posted to publicly accessible areas of our platforms is deemed non-confidential and non-proprietary, and we shall have no obligation of confidentiality in relation to such Content.
You agree to comply with these Terms when submitting any Content and warrant that:
all information provided is accurate, truthful, relevant, and complete;
you are legally authorised to submit such Content; and
your Content does not infringe the rights of any third party.
To protect the integrity of our editorial archives, Content submitted and published on our platforms may not be removed at your request once published.
Third-Party Content
Our platforms or services may include content, advertisements, or links supplied by third parties (“Third-Party Content”).
You acknowledge and agree that:
Third-Party Content is outside the control of SurgeZirc Media and any reliance on such content is at your own risk;
SurgeZirc Media does not verify, endorse, or guarantee the accuracy, completeness, or reliability of Third-Party Content; and
the views, opinions, or representations expressed in Third-Party Content do not necessarily reflect those of SurgeZirc Media, its directors, employees, or affiliates.
Communication
You acknowledge and agree that SurgeZirc Media, including its affiliates, may from time to time send you communications such as editorial newsletters, service-related updates, push notifications, and information about new features or promotional offerings.
All communications will be sent in accordance with our Privacy Policy and applicable laws. You may opt out of receiving non-essential communications at any time by notifying us in writing or by disabling notifications through your device settings, where applicable.
Your choice to opt out will not affect your ability to access or use our platforms or services.
Arbitration
You may refer any dispute to a relevant authority or alternative dispute resolution body, or elect to resolve the dispute through arbitration as outlined below.
Any dispute arising between you and SurgeZirc Media shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in Johannesburg or Cape Town, in the English language, before a single arbitrator appointed in terms of the applicable AFSA rules.
The arbitrator’s decision and any award made shall be final and binding, with no right of appeal. This agreement to arbitrate is enforceable, and judgement on the arbitration award may be entered in any court of competent jurisdiction, whether within or outside South Africa. A dispute shall be deemed to have arisen once either party provides written notice to the other of the dispute.
The arbitrator shall be entitled to grant a default award if any party fails to submit required documents within the prescribed timeframes or fails to attend the arbitration proceedings.
Nothing in this clause shall prevent either party from approaching a court of competent jurisdiction for urgent, interim, or injunctive relief where circumstances so require.
Third-Party Services
SurgeZirc Media may, from time to time, offer or make available third-party goods, software, or services, either independently or in conjunction with our own services.
Any such third-party goods or services are provided subject to the applicable terms, conditions, and limitations imposed by the relevant third party. If a third party modifies, suspends, or discontinues the availability of its goods or services, SurgeZirc Media may correspondingly modify, suspend, or discontinue access to such goods or services. Where reasonably possible, we may seek to offer comparable services through alternative providers, but we are under no obligation to do so.
Where you acquire goods or services from a third party through our platforms or services, you acknowledge and agree that:
SurgeZirc Media is not a party to any agreement between you and the third party;
SurgeZirc Media has no obligation to monitor, supervise, or control the third-party goods or services you use;
the third party is solely responsible for fulfilling its obligations under the applicable agreement, including any warranties, guarantees, or support; and
you are responsible for reviewing and agreeing to the third party’s terms and conditions before acquiring or using such goods or services.
Availability of our Services
While SurgeZirc Media makes reasonable efforts to ensure that its platforms and services are available on a continuous basis, we do not guarantee uninterrupted access and shall not be liable for any unavailability, interruption, or downtime, regardless of duration or cause.
Access to our platforms or services may be suspended temporarily and without prior notice due to system failures, maintenance, upgrades, repairs, or circumstances beyond our reasonable control.
Certain platforms or services may, from time to time, be subject to additional rules or terms applicable to specific features or functionality. By accessing or using such platforms or services, you agree to be bound by any applicable additional rules and terms.
SurgeZirc Media reserves the right, at its sole discretion, to amend, suspend, restrict, or discontinue any platform or service, or any part thereof, at any time. This includes, without limitation, changes to available content, access times, or technical requirements necessary for use.
Platform Security, Privacy, and Data Protection
SurgeZirc Media reserves the right to take all reasonable and necessary measures to protect the security, integrity, and reliability of its platforms and services.
You may not use our platforms or services in any way that compromises, or attempts to compromise, the security of our networks or any networks connected to them. Certain processing activities may be conducted outside the Republic of South Africa in accordance with section 72(1) of the Protection of Personal Information Act (POPIA).
We continuously work to enhance user experience across our platforms, including through cookie preference controls. While you may manually disable or delete cookies via your browser settings, doing so may limit or negatively affect the functionality and performance of our platforms and services. Additional information on managing cookies is available in our Cookie Policy.
SurgeZirc Media is domiciled within the Republic of South Africa. Although our platforms and services are accessible globally, they are not specifically directed at users outside South Africa.
For users accessing our platforms or services from the European Union (EU) and the United Kingdom (UK), we implement non-personalised advertising settings through Google. This applies to both direct advertising campaigns and open exchange advertisements and restricts the targeting or retargeting of users based on personal data.
All personal information collected or processed by SurgeZirc Media is handled in accordance with the applicable Privacy Policy, which incorporates our Cookie Policy.
Disclaimer and Limitation of Liability
Your use of SurgeZirc SA platforms and services is entirely at your own risk.
While SurgeZirc Media makes reasonable efforts to ensure that information published on its website is accurate, we make no warranties or representations regarding the accuracy, completeness, reliability, or timeliness of any content, nor do we guarantee that such content or the technology used to deliver it will be free from errors, interruptions, or omissions.
SurgeZirc Media reserves the right to amend, update, or remove content on its platforms or services at any time and without prior notice. Content may be outdated, and we undertake no obligation to update or correct such content.
To the fullest extent permitted by applicable law, SurgeZirc Media shall not be liable for any direct, indirect, incidental, consequential, or other loss, damage, or liability of any kind arising from your access to, use of, or inability to use our platforms, services, or any content made available through them.
Our services are provided on an “as available” basis and are not designed to meet the specific requirements of any individual user. It is your responsibility to ensure that the platforms and services are suitable for your needs and compatible with your hardware, software, and systems before using them.
Any information, views, opinions, or commentary published on our platforms or services are provided for general informational purposes only and should not be regarded as professional, legal, financial, or other advice, nor as the official position of SurgeZirc Media. You are encouraged to seek appropriate professional advice before acting on any information made available through our platforms or services.
User-generated content, including comments, blog contributions, and communications submitted through our platforms or services, is not subject to prior editorial control. Accordingly, SurgeZirc Media shall not be held responsible or liable for any unlawful, unconstitutional, defamatory, offensive, or harmful content posted by users or third parties.
General Terms of Use
Entire Agreement
These Terms constitute the complete and exclusive agreement between you and SurgeZirc Media regarding your use of our platforms and services. No representations, warranties, promises, or understandings not expressly included in these Terms shall be binding on either party.
Amendments and Use
Accessing our platforms or using our services does not, by itself, create any agreement or modify these Terms. Any changes to these Terms must be made in writing and published by SurgeZirc Media.
Assignment and Transfer
SurgeZirc Media may assign or transfer its rights and obligations under these Terms to any third party at its discretion, without requiring your consent.
You may not assign or transfer your rights or obligations under these Terms to any third party without prior written consent from SurgeZirc Media.
Severability
If any provision of these Terms is found to be invalid, unenforceable, or illegal for any reason, that provision shall be treated as separate from the remaining provisions, which will continue to be fully enforceable.
Compliance with Law
These Terms are subject to applicable South African law, including the Consumer Protection Act, 2008, and any provisions herein shall be interpreted or modified as necessary to ensure compliance with the law.
Governing Law and Jurisdiction
These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. By using our platforms and services, you consent to the exclusive jurisdiction of the South African courts in connection with any dispute arising from these Terms.
Monitoring and Communications
By using our platforms or services, you consent to SurgeZirc Media monitoring, intercepting, or reviewing any communications sent or posted to our platforms, services, or employees. You agree that this consent satisfies any legal requirement for such consent to be provided in writing.
Who We Are
SurgeZirc SA (Pty) Ltd is a South African-registered company operated by SurgeZirc Media, a digital media publisher. SurgeZirc Media is part of Surjik Holdings, an internet investment company.
Our Offices
United States Headquarters: 222 W Las Colinas Blvd., Irving, TX 75039, USA
South Africa Office: 288 Kent Ave, Ferndale, Randburg, 2194