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TERMS AND CONDITIONS GOVERNING ACCESS AND USE OF THIS
WEBSITE
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- The parties to this agreement are you (“the user”) and
the owners of this website.
- Your use of and access to this website will at all
times be governed by the provisions of these terms and conditions and by using
and/or accessing this website you accept fully all these terms and conditions
and agree to bound by and comply fully therewith.
- If you do not wish to be
bound by and comply with these terms and conditions in full, your access and use
of this website must be terminated immediately.
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PRIVACY POLICY
SAdirectory.info is committed to ensuring the privacy and integrity of
information submitted by users of our website. All information of a personal
nature submitted or provided by users will be treated confidentially and will
not be disclosed to any person without express consent of the user concerned but
always subject to the following:
- Disclosure of any information provided or submitted by
a user will only be allowed to be made where:
- Such information is in the public domain; or
- SAdirectory.info is obliged in terms of any law, order
of court, legal process or other lawful reason to disclose such information.
- Personal information may be disclosed to
SAdirectory.info’s vendors, suppliers and marketing agents where this information
is necessary for them to evaluate and enhance the product and services offered
on this website.
- SAdirectory.info may disclose certain personal
information of users such as names and e-mail addresses to affiliated service
providers for purposes of distributing promotional materials, surveys and
questionnaires or other information or material for which a user has
specifically indicated its willingness to receive.
- SAdirectory.info may provide general information to
third parties which do not contain particular personal information of users such
as their names and addresses, and which is intended to be used solely for
compiling statistical or demographic information or otherwise.
- SAdirectory.info does not
and cannot control the confidentiality, access to or dissemination of
information which is retrieved through the use of “cookies” or information
retrieved through the collecting and storing of IP addresses of visitors to this
website.
A “cookie” is a computer file, which is transferred automatically from our
website to a user’s computer during an online session which enable
SAdirectory.info and its sponsors and advertisers to customise webpage content
and to gather general information on the use and frequency of the user traffic.
An IP address is an address assigned to your computer or server identifying it
when conducting Internet activity.
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- A user’s access to this website and the information
contained on it, does not in any way convey or transfer any right in or to the
intellectual property rights of SAdirectory.info’s data or information displayed
or accessible from the website or in any of the trademarks, copyright, designs,
patents, domain names, know-how, confidential information, trade secrets or any
other intellectual property rights which may vest in SAdirectory.info or in the
author, compiler, creator or licensor of such information.
- All SAdirectory.info’s trademarks, logos, brands,
domain names and other marks and intellectual property relating to this website,
or any information contained or accessible from this website shall remain the
sole and exclusive property of SAdirectory.info and the relevant authors or
licensors and the user undertakes that it will not use, disseminate, or
otherwise deal with such intellectual property without SAdirectory.info, the
relevant licensor or author’s prior written approval.
- Copyright and all other intellectual property rights
subsisting in any data base/s maintained by SAdirectory.info and relating to this
website is owned by SAdirectory.info or the relevant provider or supplier
thereof.
- A user may only use information retrieved, viewed,
downloaded or otherwise obtained by viewing this website, for its own personal
and non-commercial use and such information and/or data may not be sold, resold,
transmitted or otherwise made available or disseminated in any manner via any
media to any third parties unless the prior written consent of SAdirectory.info
has been obtained.
- The user undertakes not to change or delete any
proprietary notices contained in any material, data or information downloaded or
otherwise retrieved from the SAdirectory.info website.
- Under no circumstances may
a user reverse, engineer, disassemble, decompile, reproduce, transcribe, store
in a retrieval system, translate into any language or computer language,
retransmit in any form or by any means, (electrical, mechanical, photo
reproduction, recordation or otherwise) any of the material, information or
content viewed, downloaded or otherwise retrieved from this website without the
prior written consent of SAdirectory.info.
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- The content on this website is presented for
information purposes only.
- All information viewed or services used or accessed
from this website are provided “as is” without any warranty, whether express or
implied.
- SAdirectory.info does not
warrant, hold out or represent that any services, benefits or facilities offered
on this website to will always be available, be accurate, reliable, or perform
the functions it was intended to. Users are cautioned against relying on any
service or facility provided on this website and should always independently
verify any information or confirmation contained or generated form this website
or any software associated therewith.
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HYPERTEXT LINKS and ADVERTISING
- SAdirectory.info provides hypertext links to websites on
the Internet which are operated by third parties. Users are encouraged to use
discretion when searching or accessing such links.
- Under no circumstances does SAdirectory.info take
responsibility for the content and/or services or products offered on third
party websites which may be linked to this website and gives no warranty,
guarantee and makes no representation in respect of such linked websites.
- The provisions of these terms and conditions do not
apply to such third party websites as these websites are not maintained and/or
hosted by SAdirectory.info or its service providers.
- This website contains
advertisements, comprising, inter alia, any illustrative and/or textual
material, including banners, pop-up windows, buttons, intermercial, links and
advertising sponsorships. Unless specifically otherwise indicated in writing,
SAdirectory.info does not endorse any product whose services are advertised or
promoted by such advertisement nor does SAdirectory.info make any representation
or give any warranty in regard to the content, accuracy, suitability or fitness
for purpose of any material, information or data contained in or linked to any
advertisement on this website.
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USER’S RESTRICTIONS AND SECURITY
- The user undertakes to conform to generally acceptable
Internet etiquette and to abide by all SAdirectory.info’s operating policies
which may be amended from time to time at SAdirectory.info’s discretion. The user
warrants and undertakes that all information, documentation, data and material
provided or transmitted to SAdirectory.info will be accurate, truthful and
current and the user is solely responsible for the content of such information,
documentation, data and material.
- SAdirectory.info reserves the right to take any action
in relation to any documentation, information, data or material which
SAdirectory.info may in its sole discretion deem necessarily appropriate, if it
believes that the failure to take such action may create any liability whether
perceived or otherwise for SAdirectory.info or its suppliers, or advertisers who
cause SAdirectory.info to lose or suffer any harm or damages in any proprietary
interest or goodwill or which may adversely affect the provision or access to
this website or the services of any of its service providers. In particular, the
user undertakes:
- not to violate the privacy of any person or to violate
the security of any computer system or network, which shall include but not be
limited to:
- the infringing, directly or indirectly, any third party
copyright, patent, trademark, trade secret or any other proprietary rights or
rights to publicity or privacy;
- the violation of any law, statute, ordinance,
regulation or public policy in force in South Africa. In this regard the user
undertakes to familiarise itself with and ensure that he is kept continuously
aware of, any amendments to such laws or regulations which may be in force from
time to time;
- any information, documentation, data or material
submitted or provided to SAdirectory.info shall not be defamatory, trade
libellous, unlawfully threatening or unlawfully harassing, obscene, offensive or
in bad taste;
- any files transmitted shall not contain any “viruses”,
“Trojan Horses”, “worms”, “time bombs”, “cancelbots” or any other computer
programming routines or software that is intended to damage, detrimentally
interfere with, intercept or expropriate any system, data or computer network
nor to engage any activities which can be regarded as hacking or otherwise
interfering with the integrity of this website and its supporting
infrastructure;
- the commission of any act or any omission which may
have adverse technical affects on the integrity or functionality of this website
and its supporting servers and infrastructure;
- giving or making available in any way the user’s user
name and password to any other person in any manner for such person’s use, and
the user undertakes to take whatever steps may be necessary to ensure the
safekeeping and confidentiality of such user name and password and in any event
a user shall not disclose same to any third party without SAdirectory.info’s
prior written consent. A user shall be legally bound by and held responsible for
actions taken with its user name and password. The user hereby acknowledges that
SAdirectory.info is entitled to reasonably presume that the user is the
transacting party where a specific user name and password has been used to gain
access to, view and/or engage in any activity on this website or any part
thereof;
- to immediately notify SAdirectory.info should it have
any reason to believe that the confidentiality of the user name and password may
be compromised;
- to inform SAdirectory.info
of any restrictions and/or limitations on the authority of any authorised user
who has been given access to the service and/or content of this website promptly
and in writing.
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- Due to the number of sources from which SAdirectory.info
obtains content and the nature of electronic distribution via the worldwide web
and internet, neither SAdirectory.info nor any of its suppliers shall be liable
to any user or to any other person in respect of any loss or damage of
whatsoever nature caused by or arising from any of the following circumstances,
(and the user hereby indemnifies SAdirectory.info and its suppliers against any
and all claims in respect of such loss or damage):
- resulting from or related to the use or access of or
inability to use or access any of the Information, content or services provided
on this website;
- any fact or circumstance beyond the reasonable control
of SAdirectory.info;
- any breakdown in the service provided by external
service providers (including but not limited to line failure attributable to
Telkom);
- the performance or unavailability of this website, or
any other website to which it is connected or linked;
- any suspension or interruption of access to this
website by SAdirectory.info;
- any breach of privacy or security by any person or
entity;
- the loss, damage, destruction, theft, contamination or
corruption of any data, information or content accessible by means of this
website;
- the preservation and protection of the integrity of any
text or any other form of data, information or content which is contained on or
accessible from this website;
- any publication or use of any information or data
contained on or accessible from this website;
- a user’s failure to perform any of its obligations in
terms of this agreement, including but not limited to a failure to comply with
any of the provisions of clauses 6 and 8.
- Without limiting the generality of the aforegoing,
neither SAdirectory.info or its suppliers shall be liable for any direct,
consequential or indirect loss suffered by a user or any other person, and the
user hereby indemnify and holds SAdirectory.info and its suppliers harmless
against any such claim or liability, including but not limited to loss of
profits, loss of data and/or loss of anticipated business or goodwill.
- While SAdirectory.info will use all reasonable
endeavours to ensure integrity, security and confidentiality of all personal
information submitted and/or obtained from a user, it will not be held liable
under any circumstances if such information is compromised, disseminated or
otherwise disclosed through conduct outside the control of SAdirectory.info such
as hacking, infection by viruses, Trojan Horses or any other computer
programming routines or software that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information.
- SAdirectory.info hereby disclaims any liability for, and
the user hereby indemnifies SAdirectory.info and its suppliers from and against,
any and all losses, liability, costs or damage suffered or incurred by a user or
any other person arising out of or in connection with the use, provision or
distribution of any feature or service which may be promoted, displayed on, or
associated with, this website or any other website which can be accessed from
this website, however such loss or liability may occur, and whether such loss or
liability is financial, personal, consequential, incidental or otherwise.
- SAdirectory.info does not
warrant or represent that the functions, facilities or services or content
contained on this website, or access to this website or any part thereof, will
be uninterrupted or error free, that defects will be corrected, or that this
website and/or the server that makes it available to a user, is free of viruses,
infections, bugs or the like, nor does SAdirectory.info make any warranty or
representation, whether express or implied, as to the reliability, accuracy,
usefulness, adequacy, quality, currency, completeness, suitability, fitness for
any purpose or otherwise of any of the information, services, facilities, data
or material displayed on or accessed from this website.
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- Where any user is permitted to participate in online
communications such as sending and receiving electronic mail (e-mail), engaging
in conferences, downloading and uploading files and other use permitted by
SAdirectory.info, such access and participation is subject to the following:
- files that may be uploaded, public messages sent and
user’s activity in conference are subject to review, modification and deletion
without notice by the representative of SAdirectory.info responsible for the
administration in the area where the activity takes place;
- SAdirectory.info’s operating policy relating to online
conduct, storage and deletion of e-mail and uploading files, conferences,
bulletin boards and other matters are available and/or will be made available
online. SAdirectory.info reserves the right in its sole discretion to change such
policies at any time and from time to time;
- files uploaded to a bulletin board may be subject to
posted limitations on usage, reproduction and dissemination and users are
responsible for adhering to such limitation should they download same.
- Users are specifically prohibited from engaging in any
of the following activities:
- Posting or transmission of any message which is or is
likely to be interpreted as libellous, harmful, threatening, abusive or
defamatory in the opinion of SAdirectory.info;
- Posting or transmission of any message, data, image or
program which is indecent, obscene or pornographic;
- Posting the same note more than once (“spamming”) is
strictly prohibited;
- Interception or attempted interception of e-mail or
other private communications not intended for that user;
- Use of this website as a mass unsolicited distribution
medium to communicate a generally unsolicited message;
- Sending unsolicited e-mail messages through third party
mail service in order to relay, hide the origin of the e-mail to others;
- A user’s participation in
online communication occurs in real time and is not edited, censored or
otherwise controlled by SAdirectory.info. SAdirectory.info cannot and does not
screen content provided by users during online communication. Notwithstanding
the aforegoing, SAdirectory.info reserves the right to monitor and record content
in online communications but is not obliged to do so. SAdirectory.info reserves
the right to remove content which SAdirectory.info in its sole discretion
determines to be harmful, offensive or otherwise in violation of these terms and
conditions or SAdirectory.info’s operating policies for users on SAdirectory.info
online.
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SUSPENSION AND TERMINATION
- In the event that a user should engage in any one or
more of the prohibited practices or fail to comply with any obligations
contemplated in 6.2 and 8.2, or otherwise breach any of the provisions of these
terms and conditions, which shall be determined in SAdirectory.info’s sole
discretion and which decision shall be final, then SAdirectory.info shall be
entitled to, without prejudice to any of its rights to:
- terminate or suspend, without notice, a user’s access
to or use of this website or any service or facility;
- charge the user for any costs incurred by
SAdirectory.info, including, but not limited to, administration costs and
downtime; and
- in the event that any such practice has an adverse
technical effect on the network, to require the user to take such steps as may
be necessary to rectify the situation at his/her own cost and expense.
- The termination or
suspension of a user’s right to use or access this website or any part thereof,
will not affect the provisions of these terms and conditions which shall survive
any such termination or suspension.
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- SAdirectory.info may deliver notice to the user under
these terms and conditions by means of electronic mail, a general notice on this
website, or by written communication delivered by registered post to the user’s
address on record. A user may give notice to SAdirectory.info at any time via
electronic mail at webmaster@SAdirectory.info
- An e-mail duly transmitted
by either party shall be deemed to have been received 1 (one) day after the date
of transmission provided that no notice has been received indicating a failure
of or inability to deliver such message. Correspondence sent by registered post
shall be deemed to have been delivered 6 (six) days after the date of posting.
- THIRD PARTY RIGHTS
The provisions of these terms and conditions are
stipulated for the benefit of SAdirectory.info, its officers, directors,
employees, agents, licensors, suppliers and information providers. Each of these
persons or entities shall have the right to assert or enforce any of these
provisions directly against the user on its own behalf which persons or entities
hereby accepts such stipulation.
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- The provisions of these terms and conditions shall be
governed and construed in accordance with the laws of the Republic of South
Africa.
- Where the law requires
that any action related to a transaction be carried out in writing or by using a
paper document, that requirement shall be met if the action is carried out in an
electronic format or using a data message (including but not limited to e-mail
).
- WHOLE AGREEMENT
These terms and conditions constitute the whole
agreement between the parties and no party shall be bound by any undertakings,
representations, warranties, promises or the like not recorded herein.
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- NO WAIVER
Failure or neglect by SAdirectory.info to fully
enforce at any time any of its rights or any of the provisions of this
agreement, shall not be construed as a waiver of its rights, nor shall such
failure or neglect in any way act as an estoppel or effect the validity of the
whole or any part of these terms and conditions, nor prejudice SAdirectory.info’s
rights to take any action which may have arisen in the past or which may arise
in the future.
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- SAdirectory.info reserves the right to change the
content, presentation, format, performance, layout, facilities and services
available or displayed on this website or any part thereof at its sole
discretion and hereby disclaim all liability, losses, claims, damages or
inconvenience which may be suffered by any person as a result of such changes.
- SAdirectory.info may modify these terms and conditions
at any time and such modification shall be effective immediately on the posting
of such amendment or modification on this website. A user may request e-mail
notification of such amendments or modifications by contacting SAdirectory.info
at
webmaster@SAdirectory.info.
- It is the responsibility of all users to be regularly
ensured that they are aware of any modifications and/or updates or changes.
- The continued use by a
user or access to or viewing of this website and or the services offered shall
be deemed to be conclusive acceptance of such modified terms and conditions.
- SEVERABILITY
In the event that any of the terms of this
agreement are found to be invalid, unlawful or unenforceable, such terms will be
separable from the remaining terms, which shall continue to be valid and
enforceable.
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- The User shall not cede any of his/her rights nor
delegate any of his/her obligations in terms of these terms and conditions.
- SAdirectory.info shall be
entitled to cede and transfer or delegate to any third party at its absolute
discretion all or any of its rights or obligations under these terms and
conditions.
- SPECIFIC TERMS OF USE
If any specific terms of use appear on this website
in regard to all or a portion of the content displayed on or accessible from
this website, which specific terms of use conflict with any of these terms and
conditions, then the specific terms shall prevail in regard to such content.
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