WEB SITE TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE INTERNET WEB SITE AND ALL INFORMATION CONTAINED HEREIN (COLLECTIVELY, THE “WEB SITE”) LOCATED AT www.africancompassinternational.com. AFRICAN COMPASS INTERNATIONAL PVT LTD (“ACI”) AND THIRD PARTIES ENGAGED ON BEHALF OF ACI AND ITS SUBSIDIARIES AS DEFINED BY THE COMPANIES ACT 61 OF 1973 AND AS AMENDED BY THE COMPANIES ACT 76 OF 1994 AND SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT 25 OF 2002 (http://www.gov.za/sites/www.gov.za/files/a25-02.pdf) AND THE COMMON LAW OF CONTRACT, OPERATE THIS WEB SITE. THIS IS A LEGAL AGREEMENT. IT GRANTS YOU CERTAIN RIGHTS AND IMPOSES CERTAIN OBLIGATIONS ON YOU IN CONNECTION WITH YOUR USE OF THE WEB SITE. YOU SHOULD READ THIS DOCUMENT CAREFULLY. BY ACCESSING THE WEB SITE (OR ANY PART OF IT) YOU AGREE THAT YOU HAVE READ AND ACCEPT ALL THE TERMS, CONDITIONS, POLICIES AND NOTICIES, INCLUDING, WITHOUT LIMITATION, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND WEB SITE INTEGRITY AND PROHIBITED ACTIONS, WHICH AGREEMENT SHALL CONSTITUTE A LEGAL AND BINDING CONTRACT BETWEEN ACI AND YOU. BY USING THIS WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE THAT WILL APPLY IN WHOLE AND IN PART, IN TERMS OF CHAPTER 3, SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE. The pages on the Web Site have been issued by ACI which is a closed corporation authorised and regulated (2008/193378/23) in respect of its activities carried on in or from South Africa. The material contained in the Web Site details ACI’s business. IT IS YOUR RESPONSIBILITY TO BE AWARE OF AND TO OBSERVE ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE WEB SITE FOR YOUR COUNTRY OF RESIDENCE. You agree to use the Web Site in accordance with these terms and conditions all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all things arising from your use of this Web Site, agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party, shall abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts and/or omissions that occur under your use of this Web Site.
The use of the term “Content” on this Web Site refers to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content on this Web Site.
Any reliance on Content contained on this Web Site shall be at your sole risk. ACI may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions of Use because they are binding on you. Certain provisions of these Terms and Conditions of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Web Site.
ACI has not independently verified or authenticated the Content in whole or in part. ACI makes no commitment to update the Content.
1. Scope of Agreement
This agreement (the “Agreement”) governs your use of the Web Site and its Content which is made available to you by ACI, P.O. Box 5514, Cresta 2118, Johannesburg, South Africa (“us”, “we” or “our”) as a user.
There may be, in addition, further notices on the Web Site itself, which will operate in addition to the terms and conditions of this Agreement. All of these notices will be brought to your attention when you first visit the relevant section of the Web Site.
The Web Site will be made available to you free of charge in consideration of your acceptance of the terms of this Agreement.
Nothing contained on any part of the Web Site constitutes investment, legal, tax or other business advice nor is to be relied upon in making an investment or other decision. You should obtain relevant and specific professional business advice before making any investment decision. The information and opinions contained on the Web Site are provided without any express or implied warranty.
2. Web Site Direction
This Web Site contains information about ACI business.
The law and regulations of South Africa prohibit ACI promoting its business on this Web Site to persons other than persons to whom this communication could otherwise be lawfully made in South Africa.
Any recipient of this communication who is not one of the intended recipients as set out above should disregard the communication and may not rely on or take any action in relation to the communication. Recipients of this communication in jurisdictions outside South Africa should inform themselves about and observe all applicable legal or regulatory requirements.
The information on the Web Site is not directed at any person who is located in any jurisdiction where it is prohibited to direct such information. If you are a person in a jurisdiction in which such prohibitions apply you must not access this Web Site.
We reserve the right to make changes to this Agreement from time to time. Any changes to the Agreement will be posted here.
SHOULD YOU CONTINUE TO USE THE WEB SITE AFTER CHANGES HAVE BEEN POSTED HERE, YOU WILL BE DEEMED TO HAVE ACCEPTED THEM in accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), it will constitute an electronic acceptance of such amended Terms and Conditions of Use.
4.1 Information published on the Web Site
The information published on the Web Site is provided for general information purposes only and should not be used as a basis for making investment or business decisions. We make no representation and give no warranties (express, implied or statutory) as to the accuracy, completeness , or as to the fitness for any purpose of any of the information provided on the Web Site and it should not be relied upon as such. We accept no responsibility to update any information on the Web Site. You should always consult ACI for further advice or information before acting on any of the information published on the Web Site.
No information (including without limitation any information describing our business portfolio) or opinion expressed in the Web Site is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by us or any of our affiliate companies to you or any person to otherwise deal in any particular business investment, or otherwise make any investment or to engage in investment activity.
While ACI makes reasonable efforts to obtain information from sources that it believes to be reliable, ACI makes no representation that the information or opinions contained in the Web Site are accurate or reliable or complete. The information and opinions contained in the Web Site are provided solely for informational purposes only and are subject to change without notice.
4.2 Links to other web sites
You may be able to link to other Web Sites which are owned and operated by third parties (“Third Party Web Sites”) from the Web Site by means of hyperlinks. Some of these Third Party Web Sites may be “framed” within the Web Site while others will open in separate windows. In each case, you should be aware that the Third Party Web Sites are independent of the Web Site and we have no control over them or their content.
Your use of any Third Party Web Site may be subject to specific legal terms and conditions which apply to those web sites. Third Party Web Sites are not subject to the terms of this Agreement or any other information published on the Web Site.
The inclusion of any hyperlinks to Third Party Web Sites in the Web Site does not mean that we approve or endorse those hyperlinks or Third Party Web Sites. We accept no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible from Third Party Web Sites.
When you leave the Web Site and visit a Third Party Web Site by means of hyperlinks made available on the Web Site, and if you provide personal information about yourself on that Third Party Web Site which can identify you, it may be technically possible for the person who operates that Third Party Web Site to deduce that you are a visitor to our Web Site due to the nature of the Internet. You hereby accept the possibility that third parties may obtain such information about you when you link to Third Party Web Sites and submit personal information about yourself on those Third Party Web Sites.
4.3 No Warranties
THE WEB SITE IS PROVIDED “AS IS” AND WE GIVE NO WARRANTIES IN RESPECT THEREOF. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT:
(i) YOU WILL BE ABLE TO USE THE WEB SITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM AT THE CURRENT DOMAIN NAME OR ANY OTHER DOMAIN NAME;
(ii) THE WEB SITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE. IT IS YOUR RESPONSIBILITY TO USE SUITABLE ANTI-VIRUS SOFTWARE ON ANY SOFTWARE OR OTHER MATERIAL THAT YOU MAY DOWNLOAD FROM THE WEB SITE AND TO ENSURE THE COMPATIBILITY OF SUCH SOFTWARE OR MATERIAL WITH YOUR EQUIPMENT; OR
(iii) OPINIONS AND OTHER INFORMATION ON THE WEB SITE ARE ACCURATE OR COMPLETE.
Any warranties which would otherwise be implied by law (including, without limitation, warranties as to satisfactory quality, fitness for purpose or skill and care) are hereby excluded to the fullest extent permitted by law.
ACI shall take all reasonable steps to secure and/or prevent the content of the Web Site and the information provided by and collected from Users, and unauthorised access and/or disclosure. However, ACI does not make any warranties or representations that content shall be 100% safe or secure.
You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Web Site, you do so at your own risk and we cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Although we use all reasonable endeavours to ensure the Web Site is secure from attacks (such as virus infection, unauthorized access (hacking), power failure or other “acts of God”), we cannot guarantee that any information displayed on the Web Site has not been changed or modified through malicious attacks.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, ACI is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Web Site.
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Web Site or the server and computer network that support the Web Site.
Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Web Site, whether on purpose or negligently, shall, without any limitation, indemnify and hold ACI harmless against any and all liabilities, legal costs, damages, risks and losses that ACI and its subsidiaries may suffer as a result of such delivery, attempt or damaging code.
Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Web Site and ACI reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act, shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by ACI and its subsidiaries due to or related to these illegal actions.
4.5 Limitation of Liability
SUBJECT TO THE PROVISIONS OF SECTIONS 43(5) AND 43(6) OF THE ECT ACT, IF APPLICABLE, IT IS A CONDITION OF OUR ALLOWING YOU FREE ACCESS TO THE WEB SITE THAT NEITHER WE NOR ANY OF OUR SUBSIDIARY COMPANIES WILL BE LIABLE TO YOU, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE SUFFERED BY YOU (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS) OR FOR LOSS OF PROFIT OR LOSS OF DATA, ARISING FROM:
(i) YOUR USE OF THE WEB SITE OR ANY SOFTWARE OR MATERIALS PROVIDED ON OR DOWNLOADED FROM THE WEB SITE;
(ii) ANY COMPUTER VIRUS TRANSMITTED THROUGH THE WEB SITE;
(iii) YOUR INABILITY TO USE THE WEB SITE AT ANY TIME AND ANY ERROR IN THE PROVISION OF THE WEB SITE;
(iv) ANY DELAY IN OR FAILURE OF THE TRANSMISSION OR THE RECEIPT OF ANY INSTRUCTIONS OR NOTIFICATION SENT THROUGH THIS WEB SITE;
(v) YOUR USE OF E-MAIL COMMUNICATIONS TO CONTACT OR INSTRUCT US (INCLUDING, WITHOUT LIMITATION, ANY DELAY IN OUR RECEIPT OR CONFIRMATION OF SUCH A COMMUNICATION, ANY INTERCEPTION OF OR CHANGES TO SUCH A COMMUNICATION AND ANY REASONABLE DELAY IN ACTING ON SUCH A COMMUNICATION);
(vi) YOUR USE OF AND/OR RELIANCE ON THIRD PARTY WEB SITES TO WHICH YOU HAVE GAINED ACCESS BY MEANS OF HYPERLINKS PUBLISHED ON THE WEB SITE; OR
(vii) ANY INACCURATE INFORMATION OR OPINIONS PUBLISHED ON THE WEB SITE OR YOUR RELIANCE THEREON.
Nothing in these or any other terms and conditions governing your use of the Web Site shall operate to exclude or restrict our liability for:
(1) fraud; or
(2) death or personal injury resulting from our, or our employees’, negligence.
5. Web Site Integrity and Prohibited Actions
Except as expressly provided in these Terms and Conditions of Use, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial entity, without our express prior written consent. You may not use frames or utilize techniques or technology to enclose any content or use our proprietary marks as meta tags. you may not make any additional representations or warranties relating to the content. You affirmatively agree to prevent any unauthorized use or copying of the content.
When using this Web Site, you may not obscure your identity or impersonate any other individual or entity. You are prohibited from violating, attempting to violate, the security of this Web Site.
You shall not transmit computer programming routines or engines with the intent to damage, destroy, disrupt or otherwise impair the operation of this Web Site or any other Web Sites or computer through this Web Site.
You many not use this Web Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.
Our trademarks may not be used publicly without our express permission. You are prohibited from using this Web Site to infringe on our intellectual property rights.
You are prohibited from engaging in violations of applicable law and regulations on this Web Site and you shall not assist or permit any persons in engaging in any activities prohibited by these Terms and Conditions of Use.
Access to or use of this Web Site or Content accessed on or described on this website by persons or from countries that are sanctioned by South Africa is specifically prohibited.
Access to or use of this Web Site to purchase our products where the purchase of our products is illegal or penalized is prohibited.
You may not export or re-export any products or Content except in full compliance with all laws and regulations South Africa, including, without, limitation:
- Into (or to a national or resident of) any country to which South Africa embargoes or sanctions goods, services or technology;
- To any person or entity sanctioned by South Africa; or
- Otherwise in violation of the laws of South Africa.
The prohibited activities in this section are not comprehensive and these Terms and Conditions of Use have additional prohibitions.
6. E-mail Communications
Any e-mail communications made by you to us either through the Web Site or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Web Site.
We may act on any instruction or other communication, whether made by e-mail or otherwise, if we believe in good faith it has been given or sent by you or on your behalf. In the interests of security we may (if we determine it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.
There may be delays in executing any instructions that you send to us by means of e-mail. For example, your e-mail may be received by us outside normal business hours, in which case we will only act thereon as soon as may be practicable during the next business day.
YOU SHOULD BE AWARE THAT ALL INFORMATION OR INSTRUCTIONS E-MAILED TO US WILL BE ACTED UPON OFF-LINE AND WILL NOT BE PROCESSED OR FULFILLED AUTOMATICALLY. THIS MEANS THAT YOUR INFORMATION OR INSTRUCTIONS WILL NOT NECESSARILY BE PROCESSED OR FULFILLED OR ACTED UPON IMMEDIATELY AND IN SOME CASES THERE MAY BE A SIGNIFICANT DELAY BEFORE PROCESSING OR FULFILMENT OF THEM.
We respect the privacy of every individual who visits the Web Site. In dealing with us you may provide us with personal information about yourself. The purpose of this statement is to set out the principles governing our use of personal information that we may obtain about you. By using the Web Site you consent to the use of your personal information in accordance with the terms of this Clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2002
7.2 Collection and use of personal data
We will only obtain personal data from you for specified and lawful purposes and any personal data which we obtain will be processed fairly and lawfully.
We collect personal data for use in the normal course of our business. We may collect personal data from you through the Web Site when you contact us for further information. The personal data which we collect will be processed for the purpose of fulfilling such requests or orders. It may also be held and processed by us for general research, administrative purposes and for the general development of our business.
We may, from time to time, send you further information relating to our business which we feel may be of interest to you. You may notify us at any time if you wish to cease receiving this further information Contact Us.
As a means of processing your personal data for the purposes set out above, we may, if deemed appropriate, send the information which you provide to us to other members of the ACI Group of companies and/or any of their subsidiaries and related companies or partnerships located anywhere in the world where we do business. This may include companies, offices or data centres outside the Southern African Development Community. In certain cases your information may be passed to companies who process data on behalf of us and our advisers with which we work. Where we pass data to third parties we ensure that appropriate confidentiality arrangements are in place.
When you visit the Web Site, we may collect information about you which may not personally identify you but which may be helpful for improving the operation of the Web Site. Such information may be collected through “traffic data” and may entail the use of “cookies”, “IP addresses” or other numeric codes used to identify your computer.
7.4 Accuracy and security
We will take all reasonable steps to keep your personal information accurate and, where necessary, up to date. If you believe that any of the information that we hold about you is incorrect please Contact Us.
We implement various security measures in relation to our processing and transfer of personal data. However, the nature of the internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons and we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information online over the internet.
7.5 Your rights
We will take all reasonable steps to retain data only for the duration of the purpose for which it was obtained. When requested to do so, we will delete personal information from current operational systems where it is no longer required. We may need to continue to hold some details about you after your relationship with us has ended, for example for legal and regulatory reasons.
You have the right to receive information about the personal data (inter-alia, per common law, Section 14 of the Constitution, ECT Act, Electronic Communications Act 36 of 2005, Consumer Protection Act 68 of 2008 and Promotion of Access to Information Act 2 of 2000 and other) that we hold about you (a fee may be payable). You should also note that, under data protection laws, in certain circumstances you are entitled to object to the processing of your personal data and have certain rights of access, rectification and/or removal of your personal data. To exercise these rights you should Contact Us.
8. Intellectual Property Rights
All rights in the materials displayed on or contained within this Web Site including, without limitation, all software, tools, design, text, reports, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Materials”), are either owned by us and our affiliates or made available to us under license and are protected by trade-mark, copyright and other intellectual property rights. The material on the Web Site is protected by copyright. All trade marks and devices displayed on the Web Site are owned by us and/or our affiliates or licensors, and may be registered in many jurisdictions across the world. Save as provided in these conditions any use or reproduction of these trade marks and/or devices is prohibited. All rights in the material on any other Web Sites which you may be able to link to from the Web Site are owned by third parties.
ACI hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display on the Web Site the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, republish, modify, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) without express prior written consent of ACI. Use of Materials is only permitted with the express written permission of ACI and/or its affiliates or licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. In all instances, the user should obtain prior written permission from ACI before doing any of the restricted acts under the South African Copyright Act No 98 of 1978. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved.
9. Linking to this Web Site
If you wish to provide a hypertext or other link to this Web Site, please contact us with details of:
* The URL(s) of the Web page(s) from which you are proposing to link to this Web Site; and
* The URL(s) of the Web page(s) on this Web Site to which you are proposing to link, and we will consider your request.
ACI, in its sole discretion, may refuse any request to link to this Web Site.
10. Social Media Policy (“House Rules”)
ACI’s LinkedIn and Twitter Pages (“our Pages”) are designed with you in mind. We encourage you to browse, leave comments, watch and share our videos, and otherwise engage with us. However, we think it’s important to establish some ground rules to keep our Pages inclusive and respectful of everyone. By using our Pages, you agree to follow our House Rules as described below.
We are not required to update or correct any information appearing on our Pages, whether it was posted by us or someone else. The information posted on our Pages is subject to change without prior notice. Content on our Pages is for information purposes only and is not intended to be:
- A complete statement on the subject matter being discussed;
- Any type of professional or expert advice;
- An offer or recommendation to sell or purchase a product or service.
We actively monitor our Pages, but may not be able to respond to all comments.
We ask you to be appropriate in your comments when posting content on our Pages. When accessing our Pages, you agree not to post or submit any information, comment, link or material of any kind which:
- May be prejudicial, defamatory, abusive, obscene, inflammatory, or may contain personal attacks, threats or may constitute harassment or cyber bullying;
- May be discriminatory, racist, sexist, or may violate the legal rights (including the privacy rights and intellectual property rights) of others;
- May be false, illegal or misleading;
- May contain unsolicited advertising, promotional materials or other forms of solicitation;
- Seeks to obtain or reveals personal or confidential information that may be used to determine a person’s identity;
- Falsifies the origin of any information.
We do not take decisions on moderating posts lightly, but we reserve the right to remove any content that does not adhere to our House Rules (including any inappropriate content) and to block anyone who chooses to break the House Rules.
Opinions posted on our Pages do not necessarily represent or reflect our opinion or that of anyone associated with ACI, nor do we confirm that such opinions are accurate or up-to-date.
Unless indicated otherwise, all intellectual property rights to the ACI LinkedIn and Twitter Pages and content are owned by us. As this is a public forum and participation is voluntary, if you post or upload content on our Pages, you allow us to repost, use, copy or commercially use such content free of charge in all cases.
User Name and Password:
Your privacy is important so please keep in mind that you are responsible for ensuring the confidentiality of your user name and password, and for any actions taken when visiting our Pages under your user name.
Third Party Content:
We are not responsible or liable for the entities which own or operate this social media website. This includes liability for any losses or direct and indirect damages arising from any action or decision made by you or anyone else based on the content of our Pages.
Where there are links to third party websites or resources, whether posted by us or by a third party, you access these at your sole discretion and at your own risk. We are not responsible for the content or services offered on such third party websites or resources.
Following a user, or being followed by a user, does not mean we endorse this user.
Questions and Concerns:
If you have any questions or concerns about our House Rules, or about content appearing on our LinkedIn and Twitter Pages, please contact us at firstname.lastname@example.org.
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We shall be entitled to assign or transfer all or any of our rights and/or obligations under this Agreement to any of our subsidiaries and related companies or partnerships located anywhere in the world without requiring any further consent from you.
13. No Waiver
No failure to exercise or delay in exercising any right, power or remedy under this Agreement or by law operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding unless made in writing.
14. INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (RIC Act), the User agrees to ACI’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act sent or posted by the User to the Web Site, its staff and employees. The RIC Act may be downloaded from: http://www.justice.gov.za/legislation/acts/2002-070.pdf
The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
15. Governing Law, Dispute Resolution
This Web Site is controlled by ACI from its offices in Johannesburg, Gauteng, South Africa. We recognize that it is possible for you to obtain access to this Web Site from any jurisdiction in the world, but we have no practical ability to prevent such access. We make no representation that the Content is appropriate or available for use in other locations and access to such Content from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from locations outside of South Africa do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that all matters relating to your access to or use of this Web Site, including all disputes, will be governed by the laws of South Africa and by the substantive laws of the Province of Gauteng without giving effect to any choice of law or conflict of law provision or rule (whether of the Province of Gauteng or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Gauteng. In the event of any controversy or dispute between ACI and you arising out of or in any way connected with access to or use of this Web Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If ACI is unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law subject to the following restrictions on venue. After the required mediation does not result in a resolution of the parties:
• where national jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with the access to or use of this Web Site, ACI and you designate the Republic of South Africa South Gauteng High Court, Johannesburg, for the exclusive resolution of that dispute and submit to the jurisdiction of that court; or
• where national jurisdiction does not exist over such action, suit or proceeding, ACI and you designate the Johannesburg Magistrate Court, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
You agree to the personal jurisdiction by and venue in such province in Johannesburg, Gauteng and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union (EU). If you are a consumer based in the EU, you may make a claim in the courts of the country where you reside.
All Web Sites accessible through the portal by the gTLD (generic Top Level Domain) ‘.com, .net, .org’, or the cCTLD (country Code Top Level Domain) zone ‘.co.za’ and all Corporate Web Sites of the ACI Group accessible only through AFRICANCOMPASSINTERNATIONAL.com shall be subject to the laws of South Africa.
All other Web Sites of the ACI Group accessible only through cCTLD shall be governed by their respective national laws and regulations.
16. Comment Policy
Don’t be a jerk.
This Terms and Conditions of Use constitutes the entire agreement between you the user and ACI with respect to this Web Site and supercede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter of this Web Site’s Terms and Conditions of Use between the user and ACI.
ACI shall not be in breach of the terms and conditions of use posted on the Web Site http://www.africancompassinternational.com, for failure to perform or delay in performing any or all of its obligations as a result of an event of force majeure.
ACI reserves the right at any time to change or discontinue without notice, any aspect and/or feature of this Web Site.
Chapter III, Sections 21 to 25 of the ECT Act shall apply save that the Section 26 shall not apply and acknowledgement of receipt of a data message shall be necessary to give legal effect to that message and shall not take the form of an automated response.
Site Production & Webmaster
All contents of this Web Site are:
Copyright © 2017 African Compass International
P.O. Box 5514, Cresta 2118, Johannesburg, Gauteng Province, South Africa.
© 2017 http://www.africancompassinternational.com. Any rights not expressly granted herein are reserved.
Thank you for visiting our Web Site.