MASAZANE CAPITAL HOLDINGS (PTY) LTD WEBSITE
TERMS AND CONDITIONS OF USE
1. Terms of use
The Masazane Capital Holdings group of companies (Masazane)
may, from time to time, operate one or more websites.
The MASAZANE website/s is/are made available to users
for information only, provided that users accept all
of the terms and conditions set out here. “The
website” or “our website” or “the
MASAZANE website” means each and every website
owned, hosted, operated or administered by, or on
behalf of, MASAZANE. Use of an MASAZANE website constitutes
acceptance of these terms and conditions. MASAZANE
will add new terms and conditions at any time and
from time to time without notice.
2. Other terms and conditions
The MASAZANE terms and conditions of business will
be made available to users only when they engage in
business with MASAZANE. These terms of business must
be accepted by users wishing to appoint MASAZANE as
their advisor. In certain cases, our appointment may
be made on different terms and conditions.
3. Public Access to Information Act (PAIA)
MASAZANE does not need to provide a PAIA manual, however
in the interests of good governance, should users
require further information please contact us at info@Masazane.com.
4. Website material
(a) “Website material” means the contents
of the MASAZANE website, including without limitation,
all and any information, data, documents, intellectual
property, material, products or services contained
in, accessed through, or downloaded or obtained from
our website.
(b) Subject to the provisions of these terms and
conditions, a user may download, view and print the
website material for their own personal use and for
non-commercial purposes, however no user may alter,
modify, decompile, reverse-engineer, copy, reproduce,
distribute, transfer, sell, transmit, display, broadcast,
publish, license or create derivative works from the
website material.
(c) Do not use the MASAZANE website or the website
material for or in order to do any illegal, unlawful
or immoral thing or for any illegal, unlawful or immoral
purpose.
(d) Users of the MASAZANE website may not cache or
frame this website or any of the pages on our website
in any way whatsoever without prior written permission
from MASAZANE. Links other than to the MASAZANE homepage
may only be used or created with MASAZANE’s
prior written consent.
(e) Users do not acquire any ownership rights or
rights of use in or to any website material by downloading
that website material. Any software made available
for downloading in connection with any of the services
provided on the MASAZANE website is done so subject
to that software’s applicable terms and conditions
which will have been provided during the downloading
process. This software is installed and applied at
users’ risk.
5. Intellectual property
(a) “Intellectual property” means, collectively,
the patents, copyrights (and moral rights), trade
marks, designs, models, brands, names, trade names,
graphics, icons, hyperlinks, know-how, trade secrets
and any other type of intellectual property (whether
registered or unregistered including applications
for and rights to obtain or use same) which are owned
by, licensed to, used and/or held (whether or not
currently) by MASAZANE on or in connection with our
website. “Know-how" means all the ideas,
designs, documents, diagrams, information, devices,
technical and scientific data, secret and other processes
and methods used by MASAZANE in connection with the
MASAZANE website, as well as all available information
regarding marketing and promotion of the products
and services described in this website, and all and
any modifications or improvements to any of them.
“Trade marks” means those trademarks owned
by MASAZANE (or of which MASAZANE is designated as
beneficial owner) and any other trade marks, designs,
logos, style names, tag lines and slogans which MASAZANE
owns or has the right to use or any derivative service
offerings of, and applications for, any of these.
(b) Users may not copy, reproduce, display or use
any intellectual property in any manner whatsoever
without MASAZANE’s prior written permission.
This website is Copyright © 2008 Masazane Capital
Holdings. All rights reserved.
6. Formation and validity of agreements
(a) “Data message” has the meaning set
out in the Electronic Communications and Transactions
Act (ECT Act) which is data generated, sent, received
or stored by electronic means and includes voice,
where the voice is used in an automated transaction
and a stored record.
(b) Users must acknowledge and agree that the information
and services advertised on the MASAZANE website are
not an offer, but merely an invitation to do business,
and MASAZANE will need to enter into an agreement
with users in order to carry out any services.
(c) Users must also agree that they will be bound
to these terms and conditions entered into the agreement
in Johannesburg at the same time they enter the website
for the first time. MASAZANE is deemed to have received
data messages addressed if and when MASAZANE actually
replies. Notwithstanding section 23(1)(b) of the ECT
Act, MASAZANE shall not be deemed to have received
a data message if it is blocked and/or filtered and/or
destroyed by our content filtering and virus security
systems. Data messages addressed to users by MASAZANE
are regarded as having been received by users as set
out in section 23(1)(b) of the ECT Act; and shall
be deemed to be sent from the location(s) detailed
in section 23(1)(c) of the ECT Act, from within the
geographical boundaries of South Africa.
7. Disclaimers
(a) Use of our website and any website materials available
on it is undertaken entirely at the user’s own
risk. The MASAZANE website, including all website
materials, is provided “as is”.
(b) MASAZANE does not represent or endorse the accuracy
or reliability of any advice, opinion, statement,
or other information contained in, displayed on, linked
to or distributed through this website or the website
materials.
(c) Information, ideas and opinions expressed on
the MASAZANE website and in the website materials
should not be regarded as professional advice or our
official opinion and users are strongly advised to
seek professional advice before taking any course
of action related to them.
(d) To the fullest extent permissible by law, MASAZANE
disclaim all warranties of any kind, whether express
or implied, including without limitation to the implied
warranties of merchantability or fitness for a particular
purpose in respect of this website and the website
materials, or that the website or the website materials
are free of viruses.
8. Limitation of liability
Under no circumstances whatsoever, including as a
result of MASAZANE’s negligent (including grossly
negligent) acts or omissions or those of MASAZANE’s
servants, agents or contractors (or other persons
for whom in law we may be liable), shall MASAZANE
or its servants, agents or contractors (or other persons
for whom in law MASAZANE may be liable) be liable
for any direct, indirect, extrinsic, special, penal,
punitive, exemplary or consequential loss, damage
or damages of any kind whatsoever or however caused
(whether under contract, delict or otherwise and whether
the loss was actually foreseen or reasonably foreseeable),
including but not limited to any loss of profits,
loss of revenue, loss of operation time, corruption
or loss of information or data and/or loss of contracts
sustained by a user, its directors, servants, dealers
or customers, resulting from the use of or inability
to use the MASAZANE website or the website materials.
9. Indemnity
Users indemnify MASAZANE and its officers, directors,
employees, servants, agents or contractors (or other
persons for whom in law MASAZANE may be liable) from
any loss, damage, liability, claim or demand due to
or arising out of the use of the MASAZANE website
or the website materials or a user’s breach
of these terms and conditions.
10. Links
Links to and from the MASAZANE website to other websites
belonging to or operated by third parties do not constitute
an endorsement by MASAZANE of those linked websites
or their content and they do not create any association
by MASAZANE with their owners or operators.
11. Dealings with third parties
Users’ interaction, correspondence or business
dealings with third parties which are referred to
or linked from or to the MASAZANE website is entirely
at users’ own risk as such third parties are
not MASAZANE’s agents.
12. Disputes
In the event that any claim, matter or dispute arises
between MASAZANE and a user arising out of or in connection
with the use of the MASAZANE website, the website
materials or these terms and conditions, the claim,
matter or dispute shall be finally resolved in accordance
with the Expedited Rules of the Arbitration Foundation
of South Africa [link to www.arbitration.co.za] by
an arbitrator or arbitrators appointed by that foundation.
The arbitration shall be held at Johannesburg in the
English language and shall be held immediately with
a view to being completed within 21 (twenty one) days.
The decision of the arbitrator in the arbitration
proceedings shall be final and binding and may be
made an order of court and the unsuccessful party
shall pay the costs of the successful party on a scale
as agreed between attorney and own client.
13. Governing law
This website is hosted, controlled and operated from
the Republic of South Africa. These terms and conditions
shall be governed by and construed and interpreted
in accordance with the laws of the Republic of South
Africa and shall be subject to the exclusive jurisdiction
of the High Court of the Republic of South Africa,
Witwatersrand Local Division.
14. Severability
Any provision in these terms and conditions which
is or may become illegal, invalid or unenforceable
will not apply but the remainder of these terms and
conditions will remain valid.
15. Privacy policy and security procedures
Users can view the MASAZANE Privacy Policy [link to
this annexure] the terms of which are incorporated
into these terms and conditions.
16. Monitoring of communications
MASAZANE monitors Internet and e-mail traffic on its
various website servers and domains primarily to ensure
that surfers and consumers are not acting illegally,
unlawfully or in breach of these terms and conditions,
to maintain the integrity and security of the MASAZANE
group websites and information technology systems;
to investigate and detect any unauthorised use of
MASAZANE websites and information technology systems;
and as an inherent part of and to secure the effective
operation of MASAZANE websites and information technology
systems and users acknowledge and accept that communications
with MASAZANE servers and websites will be monitored
and may be intercepted for these purposes.
17. Termination
If any user breaches these terms and conditions, MASAZANE
may immediately, automatically and without notice,
terminate use of and access to our website, and/or
prohibit future access to use of the MASAZANE website,
and/or take appropriate legal action (including without
limitation, applying for urgent and/or interim relief
or claiming damages), without liability.
18. Whole agreement
These terms and conditions constitute the whole agreement
between MASAZANE and users relating to access to and
use of the MASAZANE website.
19. Interpretation
(a) The headings used in these terms and conditions
are for the purpose of convenience and reference only
and shall not be used in the interpretation of nor
modify nor amplify the whole or any part of these
terms and conditions.
(b) No term or provision contained in these terms
and conditions is to be interpreted or construed so
as to exclude any rights granted by Chapter VII of
the ECT Act to any natural person who enters or intends
entering into an electronic transaction with us on
the MASAZANE website.
MASAZANE CAPITAL HOLDINGS (PTY) LTD PRIVACY
POLICY
1. MASAZANE aims to provide its clients
with superior service. In order to do this, MASAZANE
may need to obtain from its clients and job applicants
certain personal information including a client’s
name, address, telephone number, references and financial
status. This information will also be used, subject
to consent, to improve our services and to provide
clients with information about them.
2. MASAZANE may need to disclose
this personal information to service providers such
as credit card verification providers, credit bureaus,
and banks to process transactions; data warehouse
and customer relationship management centres; internet
service providers (who administer the MASAZANE website
and provide internet services and host our facilities);
and consumer research companies (that assist MASAZANE
with understanding consumer interests by conducting
surveys). MASAZANE will share personal information
only to the extent required for the performance of
its services, unless you give us authority to disclose
it for other reasons.
3. MASAZANE will not sell, trade,
rent, use or otherwise disclose personal information
to a third party without consent except as set out
above in 1, as required by law or in connection with
any legal process, or to comply with a warrant, subpoena
or to protect and defend its own rights, to prevent
fraud, protect against abuse or misuse of the MASAZANE
website, or in the public interest.
4. MASAZANE may also use personal
information for the purpose of assessing candidates
applying for employment or to fulfil a particular
service need. In this case, disclosure of personal
information may be necessary to check references.
5. By providing MASAZANE with personal
information, clients and applicants agree to the terms
of this policy although consent can be withdrawn at
any time, by notice to MASAZANE in writing.
6. MASAZANE will take all reasonable
steps to safeguard personal information disclosed
to it. MASAZANE employs various techniques to protect
data from unauthorised access. MASAZANE does not make
any representations nor does it give any warranties
about the sufficiency of these measures as regards
information sent by email, given that the internet
does not offer perfect security.
7. This policy forms part of the
MASAZANE terms and conditions and any agreement entered
into with MASAZANE.
