Terms and Conditions
1.1
This web site, which is accessible at
http://www.empowerment.co.za ("this Web Site"), is made available
by BDFM Publishers (Pty) Limited registration number: 1996/015828/07 ("the Owner").
1.2
The terms and conditions set out below, including any
additional document incorporated by reference ("Terms and Conditions"), apply
to any person who uses, accesses, refers to, or views any part of this Web Site
("You" or "Your" including cognitive terms).
1.3
Subject to clause 1.5 below, these Terms and Conditions
set out the terms and conditions on which You may use, access, refer to, or
view (individually and collectively referred to as "Use") this Web Site and
the information, content, products or services available on or through this Web
Site ("the Web Site Content"), whether or not the Web Site Content is provided
by or belongs to the Owner, its affiliates, subsidiaries, holding companies, partners,
third-party providers or any other party. The Web Site Content includes but
is not limited to any software, icons, text, graphics, images, sound clips, trade
names, logos, designs, trade marks and service marks which are displayed on or incorporated
in this Web Site.
1.4
Once You have read these Terms and Conditions, You are
required to signify Your agreement to comply with these Terms and Conditions by
clicking the "I have read and accept these Terms and Conditions" button.
If You do not agree with these Terms and Conditions, You are required to signify
Your rejection of these Terms and Conditions by clicking on the "I do not accept
these Terms and Conditions" button .
1.5
If You accept these Terms and Conditions, You must comply
with all of these Terms and Conditions. If You do not agree to these Terms
and Conditions, You will not be allowed to Use this Web Site and the Web Site Content
and You must immediately delete all copies of the Web Site Content in Your possession
or under Your control. This includes, but is not limited to, any Web Site
Content which has been copied or cached by You.
1.6
In addition to these Terms and Conditions, You acknowledge
that the Owner may at any time impose additional terms and conditions relating to
any service, content, products, facilities or functionality which is made available
by the Owner, or the Owner's affiliates, subsidiaries, holding companies or partners,
by way of this Web Site or otherwise ("the Additional Terms and Conditions").
If You wish to Use these services, content, products, facilities or functionality,
You must agree to the Additional Terms and Conditions.
1.7
You are allowed to print a copy of these Terms and Conditions.
If You have any difficulty printing these Terms and Conditions or require assistance
in obtaining a hard copy or electronic copy of these Terms and Conditions or of
the Additional Terms and Conditions, You should contact Leanne Billett on +27 11
280 3000.
2.
Scope of permitted use
2.1
Subject to these Terms and Conditions and any Additional
Terms and Conditions, You may only Use this Web Site and the Web Site Content in
order to view, refer to, or print this Web Site and the Web Site Content for lawful
personal and non-commercial purposes ("the Permitted Use"). The Permitted
Use does not extend to the source code of this Web Site or of the source code of
any software or computer program that forms part of the Web Site Content.
2.2
You are not allowed to perform any act which is not fair
use within the context of the scope of the Permitted Use or which has not been expressly
approved by the Owner in writing ("the Prohibited Acts"). The Prohibited
Acts include (but are not limited to) framing, modifying, distributing, commercialising,
exploiting or altering of the Web Site or the Web Site Content or incorporating
any part of the Web Site Content in any other work or publication. These Terms
and Conditions and any restrictions on the Use of this Web Site or the Web Site
Content will also apply to any part of this Web Site or the Web Site Content which
is cached when Using this Web Site or the Web Site Content.
2.3
You must get the Owner's prior written approval if You
wish to perform any of the Prohibited Acts, whether electronically or otherwise.
Requests for approval must be submitted to Leanne Billett on +27 11 280 3000. The
Owner is entitled, in its sole discretion, to withhold or grant consent. The
Owner may also impose any conditions on any consent which is granted.
2.4
When printing the Web Site or the Web Site Content, You
must ensure that the following copyright notice appears prominently on every page
which is printed:
"Copyright BDFM Publishers
(Pty) Limited All rights reserved".
2.5
The Owner may, in its sole discretion, at any time and
for any reason and without prior written notice, suspend or terminate:
2.5.1
the operation of this Web Site or
any of the Web Site Content; or
2.5.2
Your right to Use this Web Site
or any of the Web Site Content.
2.6
You may not transfer any rights granted to You in terms
of these Terms and Conditions to any other person or entity.
2.7
The Owner is allowed to grant the same, similar, additional
or different rights to any other person or entity.
2.8
You are solely responsible for obtaining and maintaining
all facilities, services, products and equipment which may be required by You for
purposes of the Permitted Use.
3.
Exclusion of liability for Use of this Web Site and the Web Site Content
3.1
Use of this Web Site and the Web Site Content is entirely
at Your own risk.
3.2
Subject to the provisions of the Electronic Communications
and Transactions Act, No. 25 of 2002 ("the ECT Act") and to the fullest extent
allowed by law, the Owner will not have any liability whatsoever in relation to
this Web Site and the Web Site Content. You hereby indemnify the Owner against
any loss, liability, expense, claim, penalty or damage, whether direct, indirect,
special or consequential, arising from Your Use of or reliance on this Web Site
or the Web Site Content, or any actions or transactions resulting therefrom, even
if the Owner has been advised of the possibility of such loss, liability, expense,
claim, penalty or damages.
3.3
In addition to the general scope of clauses 3.1 and 3.2
above and to the fullest extent allowed by law, the Owner will not be liable for
any unavailability, interruption, downtime, malfunction, or failure of this Web
Site or the Web Site Content for any reason whatsoever.
3.4
To the fullest extent allowed by law, if any of the limitations
or exclusions of the liability of the Owner in these Terms and Conditions are held
by any competent court, arbitrator or authority to be invalid or unenforceable,
in no event will the total cumulative liability of the Owner to You exceed R50,000.
3.5
For the purposes of this clause 3 and clause 5 below,
any reference to the Owner will be considered to also include the employees, officers,
directors, representatives, agents, shareholders, affiliates, subsidiaries, holding
companies, advisers, service providers, suppliers and content providers of the Owner.
4.
Exclusion of warranties and representations
4.1
Any views or statements made or expressed on this Web
Site are not necessarily the views of the Owner, the Owner's affiliates, subsidiaries,
holding companies, partners, employees, officers, servants and/or agents.
4.2
This Web Site and the Web Site Content is provided "as
is" and is subject to change without notice.
4.3
Subject to the provisions of the ECT Act, this Web Site
and the Web Site Content is provided without any representation or warranty whatsoever,
whether express, implied or statutory. This includes but is not limited to
any representation or warranty as to the operation, integrity, compatibility, availability
or functionality of this Web Site or as to the operation, accuracy, completeness,
integrity, compatibility, availability, functionality or reliability of the Web
Site Content.
4.4
The Owner also makes no warranty or representation, whether
express or implied, that the Web Site Content is free of viruses, destructive materials
or any other data or code which is able to corrupt, compromise, jeopardise, disrupt,
disable, harm or otherwise impede in any manner the operation of a computer system,
computer network, any handset or mobile device, or Your hardware or software.
You accept all risk associated with the existence of such viruses, destructive materials
or any other data or code which is able to corrupt, compromise, jeopardise, disrupt,
disable, harm or otherwise impede in any manner the operation or content of a computer
system, computer network, any handset or mobile device, or Your hardware or software.
4.5
The Owner does not accept any responsibility for any
errors or omissions on this Web Site or the Web Site Content.
4.6
You must not rely on any warranty or representation,
which allegedly induced You to agree to these Terms and Conditions, unless the representation
or warranty is recorded in these Terms and Conditions.
4.7
This Web Site and the Web Site Content is not intended
to, and does not, constitute advice or a recommendation of any nature at all in
respect of, but not limited to, any institution, investment, service or product.
4.8
You must not enter into any transactions, make any investments,
make decisions of any nature, including, without limitation, any financial or investment
decisions, or incur any loss or liability based partly or wholly on the Web Site
Content. You should always obtain independent expert advice prior to making
any investment or other decisions.
4.9
To the extent that the Web Site Content relates to any
stock exchanges, financial markets, financial products, securities, derivatives,
units, funds, currencies and/or exchange rates, You acknowledge that this information
may not be accurate or complete. You further acknowledge that any assessment
or reflection of the performance of any security, unit, fund, product, stock exchange,
derivative or financial market does not mean that such performance will be repeated
or should be relied upon in any way.
5.
References and links to and from other web sites, products and services
5.1
This Web Site may contain references or links to other
web sites ("Other Web Sites") and to the products, opinions or services of
third parties. These references or links are not intended to be, and should
not be interpreted as an endorsement, recommendation, or affiliation to these Other
Web Sites or the opinions, products, services or conduct of third parties.
Your use of Other Web Sites or the products or services of third parties will be
entirely at Your risk.
5.2
Subject to the provisions of the ECT Act and to the fullest
extent allowed by law, the Owner is not responsible for any loss, liability, expense,
claim, penalty or damage, whether direct, indirect, special or consequential, arising
from or related to the reliance on, use or attempted use of Other Web Sites or the
opinions, products or services of third parties.
5.3
You may not make (and You may not allow any third party
to make) any reference to the Owner, this Web Site or the Web Site Content, whether
by way of a link or otherwise, where the reference could in any way be interpreted
as an endorsement, affiliation, or recommendation by the Owner in relation to You
or a third party, or of Your services, products, opinions or conduct or those of
a third party.
6.
Intellectual Property
6.1
The Web Site Content, including (without limitation)
any software, icons, text, links, graphics, images, sound clips, trade names, logos,
trade marks and service marks are protected by law, including but not limited to
copyright, patent and trade mark law, and are the property of the Owner and/or third
parties. Any unauthorised Use of the Web Site Content is prohibited.
6.2
Subject to clause 2 above, You will not acquire any right,
title or interest in or to this Web Site or the Web Site Content other than those
rights expressly granted to You in these Terms and Conditions. Your rights
of Use are subject to these Terms and Conditions.
6.3
Where any of the Web Site Content has been licensed to
the Owner or belongs to any third party, Your rights of Use will also be subject
to any terms and conditions which that licensor or third party imposes from time
to time and You agree to comply with such third party terms and conditions.
7.
Your behaviour when Using this Web Site
7.1
You may not Use this Web site to obtain or distribute:
7.1.1
copyrighted material or material
protected by laws relating to intellectual property rights without the permission
of the Owner;
7.1.2
material containing viruses or any
other destructive materials or data or code which is able to corrupt, interfere
with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation
of a computer system or hardware or software;
7.1.3
material which is defamatory, unlawful
or contains hate speech; or
7.1.4
bulk e-mail, whether solicited or
unsolicited.
7.2
You must not interfere with or jeopardise the functionality
or the operation of any part of this Web Site or attempt to interfere with or jeopardise,
disrupt, disable, harm or otherwise impede in any manner the functionality or operation
of any part of this Web Site.
7.3
You are strictly prohibited from Using this Web Site
for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any
other activity designed or aimed at achieving purposes similar or the same as the
aforementioned acts.
7.4
You may not intercept any information transmitted to
or from the Owner or this Web Site which is not intended by the Owner to be received
by You.
7.5
You must respect other users of this Web Site at all
times.
8.
Variation of certain deeming provisions in the ECT Act
8.1
By Using this Web Site, You agree that these Terms and
Conditions create a binding agreement between the Owner and You, even though these
Terms and Conditions are wholly or partly in the form of a data message. You
agree specifically that:
8.1.1
the agreement will be treated as
if it was concluded at the Owner's physical address detailed in clause 10.1 below
on the date on which You first made any Use of this Web Site;
8.1.2
an electronic signature is not required
by You or the Owner for purposes of agreeing to these Terms and Conditions.
You agree that by Using this Web Site or the Web Site Content this will be sufficient
evidence of Your agreement to these Terms and Conditions;
8.1.3
any data message sent by You to
the Owner will be deemed to have been sent from the Owner's physical address detailed
in clause 10.1 below if neither Your usual place of business nor residence is located
within the Republic of South Africa;
8.1.4
any data message sent by the Owner
to You will be deemed to have been received by You at the Owner's physical address
detailed in clause 10.1 below if neither Your usual place of business nor residence
is located within the Republic of South Africa;
8.1.5
any communication sent to You by
an information system programmed to operate automatically on behalf of the Owner
will not be a data message attributable to the Owner or authorised by the Owner;
8.1.6
subject to clause 8.1.5 above and
clause 10 below of these Terms and Conditions, a data message sent by You to the
Owner will only be treated as having been received by the Owner when an acknowledgement
of receipt is sent by the Owner personally or a person who had authority to act
on behalf of the Owner in respect of that data message; and
8.1.7
this agreement will be interpreted
and implemented in accordance with the laws of the
9.1
Discussion forums and/or bulletin boards ("the Forums")
may, from time to time, be made available on the Web Site.
9.2
By You posting or publishing any content on the Forums,
You:
9.2.1
grant to the Owner a non-exclusive,
royalty free, irrevocable licence to use, publish, disseminate, distribute, reproduce,
adapt, and/or Sub-licence such content on the Web Site and/or to any of its affiliated
publications and to use the content for, amongst others, its promotional, marketing
and research purposes;
9.2.2
acknowledge and agree that while
the Owner is unable to review all content posted in the Forums, it reserves the
right, in its sole discretion, to delete, edit or relocate any such content for
any reason;
9.2.3
acknowledge that should You disclose
Your personal information in any of the Forums, Your personal information may be
viewed, collected and/or used by any other party Using the Web Site. In such
circumstances, You agree that the Owner shall not be obliged to protect Your personal
information or any other interest in law or otherwise, and You indemnify the Owner
from any loss (whether direct, indirect or consequential) You may suffer as a result
of any party being privy to Your personal information;
9.2.4
agree that You may use the Forums
only for personal non-commercial purposes.
9.3
You further agree not to post or publicise:
9.3.1
any content which may be considered,
amongst others, abusive, obscene, defamatory, pornographic or illegal;
9.3.2
off-topic content, or the same content
in multiple Forums;
9.3.3
any graphics, audio or JavaScript
files in any of the Forums; and
9.3.4
any content that may, in the opinion
of the Owner, be seen as (without limitation) solicitation of funds or advertising
of goods or services;
9.4
You acknowledge and agree that the Owner shall be entitled,
in its sole discretion and for any reason, to prohibit You, from participating in
any discussion in any of the Forums.
You agree that Your communications
on this Web Site may be intercepted, as defined in the Regulation of Interception
of Communications Act 70 of 2002 (as amended), by the Owner or any other competent
authority.
Please click here to
view the Privacy Policy.
12. Variation
of these Terms and Conditions
12.1
Subject to the variations or amendments provided for in terms of clause
12.2 below, no other variation or amendment, in any form whatsoever, of these Terms
and Conditions will be enforceable or binding on the Owner unless the Owner has
agreed to such variation or amendment in writing.
12.3
It is Your responsibility to access and familiarise Yourself with
any Amended Terms and Conditions on each occasion that You make Use of this Web
Site or the Web Site Content.
13.1
You are entitled to the following information in terms of section
43 of the ECT Act:
13.1.1
the Owner/supplier's full name, legal
status , identity or registration numbers;
13.1.2
the Owner/supplier's physical address;
13.1.3
the Owner/supplier's full name, legal
status , identity or registration numbers;
13.1.4
the Owner/supplier's telephone numbers,
web site address and e-mail address;
13.1.5
details of the Owner/supplier's membership
to any self-regulatory or accreditation body (if applicable), including the contact
details of that body;
13.1.6
details of any code of conduct to which
the Owner/supplier subscribes, including details on how the code may be accessed
electronically;
13.1.7
in the case of a legal person, the names
of its office bearers and place of registration;
13.1.8
physical address where the Owner/supplier
will receive legal service;
13.1.9
a sufficient description of the main characteristics
of the goods or services offered by the Owner/supplier to enable a consumer to make
an informed decision on the proposed electronic transaction;
13.1.10
the full purchase price of the goods and services,
including transport costs, taxes and any other fees or cost;
13.1.11
any terms of agreement,
including any guarantees, that will apply to the transaction and how those terms
may be accessed, stored and are produced electronically by consumers ;
13.1.12
the manner of payment;
13.1.13
the time with in which goods will be dispatched
or delivered or within which the service will be rendered;
13.1.14
the manner and period within which a full record
of the transaction can be accessed and maintained;
13.1.15
the return, exchange and refund policy of the
Owner/supplier (if any);
13.1.16
any alternative dispute resolution policy to
which the Owner/suppler subscribes and the wording of the code may be accessed electronically;
13.1.17
the security procedures and privacy policy of
the Owner/supplier in respect of payment, payment information and personal information;
13.1.18
the minimum duration of the agreement in the
case of an agreement for the supply of products or services to be performed on an
ongoing basis or recurrently;
13.1.19
the consumer's rights in terms of Section 44
of the ECT Act, if applicable.
14.1.1
Except where stated otherwise in these
Terms and Conditions, the Owner's address for the service of any notice is:
postal address
:
Saxonwold
2132
physical address:
2196
current fax no
: +27 11 280 3773
14.1.2
All notices to the Owner must be marked
for the attention of Leanne Billett. All notices of a legal nature or relating
to legal proceedings must be delivered by registered post to the postal address
of the Owner and also either delivered by hand to the physical address of the Owner
or sent to the fax number of the Owner.
14.1.3
Notices given to the above addresses will
only be deemed to have been duly given:
14.1.3.1
14 days after posting,
if posted by registered post to the Owner's postal address;
14.1.3.2
3 days after delivery,
if delivered by hand to the Owner's physical address;
14.1.3.3
3 days after confirmed
successful transmission, if sent to the Owner's fax number.
14.2
Disputes, claims and legal proceedings
14.2.1 Subject to clause
10.2.4 below, any dispute declared by You and any claim which You may have against
the Owner arising out of or in connection with these Terms and Conditions or the
Use of the Web Site or the Web Site Content, including after termination, cancellation
or amendment of these Terms and Conditions, will be referred to arbitration in accordance
with the Arbitration Act 1965 (as amended) or any replacement Act and will take
place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation
of Southern Africa.
14.2.2
Subject to clause 10.2.4 below, if the
Owner declares a dispute with You, or wishes to institute any claim or legal proceedings
against You arising out of or in connection with these Terms and Conditions or Your
Use of the Web Site or of the Web Site Content, the Owner reserves the right to
deal with the matter in a forum of its choice, which will include but will not be
limited to, the courts of the Republic of South Africa. This right will continue
to apply after termination, cancellation or amendment of these Terms and Conditions.
14.2.3
You agree that the Owner is entitled,
but is not obliged, to institute any proceedings arising out of or in connection
with these Terms and Conditions or your Use of the Web Site or of the Web Site Content,
in any Magistrates' Court in the Republic of South Africa having jurisdiction over
You, even though the cause of action in question exceeds the jurisdiction of that
court.
14.2.4
Neither You nor the Owner will be precluded
from obtaining interim relief on an urgent basis from a court of competent jurisdiction
pending the institution or resolution of a dispute or other legal proceedings.
14.3
Costs
Any costs, including
legal costs on attorney and own client scale and value-added tax, incurred by the
Owner arising out of Your Use of this Web Site or the Web Site Content, or a breach
of these Terms and Conditions, will be borne by You.
14.4
Assignment
14.4.1
You may not cede, assign or transfer any
of Your rights and obligations in these Terms and Conditions without the prior written
consent of the Owner.
14.4.2
The Owner is entitled to cede, assign
or transfer any of the Owner's rights and obligations in these Terms and Conditions
without Your prior written consent and without notice to You.
14.5
Interpretation
14.5.1
The clause headings in these Terms
and Conditions have been inserted for convenience only and will not be taken into
consideration in the interpretation or affect the constructions of these Terms and
Conditions.
14.5.2
Any reference in these Terms and Conditions to the singular
includes the plural and vice versa. Any reference in these Terms and
Conditions to natural persons includes legal persons. References to any gender
include references to the other genders and vice versa.
14.5.3
Unless the context requires otherwise
or it is expressly stated to the contrary, any words and phrases:
14.5.3.1
defined in these
Terms and Conditions will bear the same meaning throughout these Terms and Conditions;
14.5.3.2
not defined in these
Terms and Conditions but defined in the ECT Act will bear the same meaning given
to them in the ECT Act.
14.5.4
A copy of the ECT Act can be viewed and
downloaded at http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the
copy downloaded is the most recent version of the ECT Act.
14.5.5
In the event that any of the terms of
these Terms and Conditions
are found to be invalid, unlawful or unenforceable, such terms will be severable
from the remaining terms, which will continue to be valid and enforceable.
14.5.6
References to "writing" or notices "in
writing" by the Owner in these Terms and Conditions only includes writing on paper
signed in ink by an authorised representative of the Owner and specifically excludes
any writing which may be in electronic form.
14.5.7
No relaxation or indulgence which the
Owner may grant to You will be deemed to be a waiver of any of the Owner's rights
in these Terms and Conditions or in law.
14.5.8
In the event of any conflict between these
Terms and Conditions and any Additional Terms and Conditions, the Additional Terms
and Conditions will prevail.
14.5.9
The termination of the agreement created by these Terms
and Conditions will
be without prejudice to any other rights or remedies that You or the Owner may be
entitled to under this agreement or at law, and will not affect any accrued rights
or liabilities of You or the Owner nor the coming into or continuance in force of
any provision of these Terms and Conditions which is expressly or by implication
intended to come into or continue in force on or after such termination.