A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
DEFINITIONS AND INTERPRETATION
a) References herein to the SA GATEWAY web site or content shall include any part thereof;
b) References herein to User(s) means any person who access the SA GATEWAY web site, notwithstanding the fact that such a person only visited the home page of the SA GATEWAY web site;
c) References herein to the singular includes the plural and vice versa; and
d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.
SA GATEWAY is an internet portal and services site specifically created to supply South Africans with the best local websites. The design is kept simple and neat to keep our customers focused on what is important – finding their way around the web / internet. Only approved sites are listed, which means the confusion of a complete website directory is cut out.
2. ALLOWED USE AND LICENSE
2.1 SA GATEWAY licenses the User to view, copy, download and print the content of the SA GATEWAY web site, provided that:
2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the SA GATEWAY web site includes the following copyright notice: ? SA GATEWAY 2003. ALL RIGHTS RESERVED.
2.2 Content from the SA GATEWAY web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of SA GATEWAY.
2.3 Users may only access and use the SA GATEWAY web site for legal purposes.
2.4 The caching of the SA GATEWAY web site shall only be allowed if :
2.4.1 The purpose of the caching is to make the onward transmission of the content from the SA GATEWAY web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by SA GATEWAY.
2.5 If any person uses content from the SA GATEWAY web site in breach of the provisions detailed herein:
2.5.1 SA GATEWAY reserves the right to claim damages from such person; and
2.5.2 SA GATEWAY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
2.6 Hyperlinks to the SA GATEWAY web site from any other source shall be directed at the home page of the SA GATEWAY web site. SA GATEWAY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SA GATEWAY web site, if such content was accessed through a hyperlink not directed at the home page of the SA GATEWAY web site. Persons that wish to link to content beyond the home page of the SA GATEWAY web site shall do so at their own risk and undertake to indemnify SA GATEWAY against any loss, liability or damage that may result from content on the SA GATEWAY web site, if such content was accessed through a hyperlink not directed at the home page of the SA GATEWAY web site.
SA GATEWAY?s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the SA GATEWAY web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.8 No person may frame the SA GATEWAY web site, in any manner, without the prior written consent of SA GATEWAY.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the SA GATEWAY web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SA GATEWAY web site for any purposes, without the prior written consent of SA GATEWAY.
2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SA GATEWAY at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the SA GATEWAY web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to SA GATEWAY and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the SA GATEWAY web site are expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the SA GATEWAY web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the SA GATEWAY web site is classified as ?electronic transactions? in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and SA GATEWAY has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: SA-Gateway Internet Service Provider
5.2 Postal & Street address:
P.O. Box 10512
5.3 Physical address for receipt of legal service:
1st Floor Hazel Park
119 Witch Hazel Avenue
5.4 Main business:
5.5 The web site address of the SA GATEWAY web site is: www.sagateway.co.za / www.sagateway.com
5.6 Costs: Access to content on the SA GATEWAY web site is free to any person who subscribes to these terms and conditions. Access to some pages on the SA GATEWAY web site may be restricted to persons who registered through the ?Sigh me in? function. Notwithstanding the aforegoing, SA GATEWAY may, in future, charge fees for access to the SA GATEWAY web site;
5.7 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.7.1 access to the SA GATEWAY web site;
5.7.2 the inability to access the SA GATEWAY web site;
5.7.3 the services and content available from the SA GATEWAY web site; or
5.7.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za
5.8 User may lodge complaints concerning the SA GATEWAY web site to firstname.lastname@example.org.
6. CHANGES AND AMENDMENTS
SA GATEWAY expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the SA GATEWAY web site;
6.3 discontinue any aspect of the SA GATEWAY web site or service(s) available from the SA GATEWAY web site; and/or
6.4 change the software and hardware required to access and use the SA GATEWAY web site.
7.1 SA GATEWAY shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, ?personal information? shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
7.2 SA GATEWAY may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 birth date;
7.2.4 country of residence;
7.2.5 closest city;
7.2.6 non-personal browsing habits and click patterns;
7.2.7 e-mail address; and
7.2.8 IP address.
7.3 SA GATEWAY collects, stores and uses the abovementioned information for the following purposes:
7.3.1 to greet the User when he/she accesses the SA GATEWAY web site;
7.3.2 subject to the User?s consent, inform the User of facts relating to his/her access and use of the SA GATEWAY web site;
7.3.3 subject to the User?s consent, inform the User about competitions and special offers from SA GATEWAY and/or its partners / affiliates;
7.3.4 to provide the User with targeted advertising when he/she accesses the SA GATEWAY web site or the web sites of SA GATEWAY partners / affiliates; and
7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the SA GATEWAY web site.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 The User may elect not to receive any communications from SA GATEWAY and/or its partners / affiliates.
7.6 SA GATEWAY may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1 SA GATEWAY shall not disclose personal information from Users unless the User consents thereto;
7.6.2 SA GATEWAY shall disclose information without the User?s consent only through due legal process; and
7.6.3 SA GATEWAY may compile, use and share any information that does not relate to any specific individual.
7.7 SA GATEWAY owns and retains all rights to non-personal statistical information collected and compiled by SA GATEWAY.
8. HYPERLINKS TO THIRD PARTY SITES
SA GATEWAY may provide hyperlinks to web sites not controlled by SA GATEWAY and such links do not imply any endorsement, agreement on or support for the content of such target sites. SA GATEWAY does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 SA GATEWAY shall take all reasonable steps to secure the content of the SA GATEWAY web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SA GATEWAY does not make any warranties or representations that content shall be 100% safe and secure.
9.2 SA GATEWAY is under no legal duty to encrypt any content or communications from and to the SA GATEWAY web site and is also under no legal duty to provide digital authentication of any page on the SA GATEWAY web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SA GATEWAY web site or the server and computer network that supports the SA GATEWAY web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SA GATEWAY web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SA GATEWAY harmless against any and all liability, damages and losses SA GATEWAY and its partners / affiliates may suffer as a result of such damaging code.
9.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SA GATEWAY and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, SA GATEWAY (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the SA GATEWAY web site;
10.1.2 access to web sites linked to the SA GATEWAY web site;
10.1.3 inability to access the SA GATEWAY web site;
10.1.4 inability to access web sites linked to the SA GATEWAY web site;
10.1.5 content available on the SA GATEWAY web site;
10.1.6 services available from the SA GATEWAY web site;
10.1.7 any other reason not directly related to SA GATEWAY?s gross negligence.
10.2 The SA GATEWAY web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with SA GATEWAY, that the content and services available from and through the SA GATEWAY web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the SA GATEWAY web site should not be regarded as professional advice or the official opinion of SA GATEWAY and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SA GATEWAY web site.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor SA GATEWAY shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
10.5 SA GATEWAY sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and SA GATEWAY only serves as an electronic distribution platform for such third party content. Therefore SA GATEWAY shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the SA GATEWAY web site not created by SA GATEWAY or its employees.
10.6 SA GATEWAY does not make any warranties or representation that content and services available from the SA GATEWAY web site will in all cases be true, correct or free from any errors. SA GATEWAY shall take all reasonable steps to ensure the quality and accuracy of content available from the SA GATEWAY web site.
10.7 SA GATEWAY does not make any warranties or representations that the SA GATEWAY web site will be available at all times. Users acknowledge that the SA GATEWAY web site may be unavailable due to updates or other causes beyond the reasonable control of SA GATEWAY, including, but not limited to virus infection, power failure or other ?acts of God?.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SA GATEWAY web site to SA GATEWAY and SA GATEWAY undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12.1 Users may post their personal opinions, messages and ideas to the SA GATEWAY web site and discussion forums available on the SA GATEWAY web site.
12.2 Users undertake not to post content to the SA GATEWAY web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and SA GATEWAY reserves the right to remove such content in terms of clause 11 above.
12.3 SA GATEWAY does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
12.4 The User indemnifies and holds SA GATEWAY harmless against any liability, claim, damage or loss that may result from the User?s posting(s) to the SA GATEWAY web site.
13. INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SA GATEWAY?s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the SA GATEWAY web site or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the ?writing? requirement.
14. ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between SA GATEWAY and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SA GATEWAY from the User.
14.2 Any failure by SA GATEWAY to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and SA GATEWAY agree that:
15.1 the User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg at the time the User enters the SA GATEWAY web site for the first time;
15.2 data messages (as defined in the ECT Act) addressed by the User to SA GATEWAY shall only be deemed to have been received by SA GATEWAY if SA GATEWAY responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by SA GATEWAY shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 data messages (as defined in the ECT Act) addressed by the User to SA GATEWAY shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SA GATEWAY; and
15.6 the User agrees and warrants that data messages that are sent to SA GATEWAY from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. APPLICABLE AND GOVERNING LAW
The SA GATEWAY web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the SA GATEWAY web site, its content, services and these terms and conditions.
17. LEGAL COSTS
SA GATEWAY shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions