BROADBASED INTERNET SOFTWARE APPLICATIONS (“B1SA”)
WEBSITE TERMS AND CONDITIONS
IN TERMS OF SECTION 11(3) OF
THE ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS (ECT) ACT 25 OF 2002, THESE TERMS AND
CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE B1SA
WEBSITE OR ANY PART THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS
YOU MUST LEAVE THE B1SA WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY
BIND YOU TO THESE TERMS AND CONDITIONS. DEFINITIONS AND INTERPRETATION
a) “B1SA” means Broadbased Internet Software Applications (PTY) LTD, a
company duly and properly registered in terms of the laws of the Republic of South Africa;
b) “B1SA website”
means the B1SA website located at www.b1sa.co.za or www.b1sa.com
and includes any part or element thereof, but specifically excludes the B1SA
Management Information System (MIS), which is prohibited by any User unless
specifically licensed by separate agreement between the User and B1SA;
c) “User” means any
person who enters or uses the B1SA website, notwithstanding the fact that such
a person only visited the home page of the B1SA website;
d) References herein
to the singular include the plural and vice versa; and
e) 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 determination of the validity and
interpretation of these terms and conditions.
1. GENERAL
B1SA provides BEE services and
technology solutions and has been in business since 2004.
2. ALLOWED USE AND
LICENSE
2.1 B1SA licenses the
User to view, download and print the content of the B1SA website, provided that
such content is used for personal, educational and/or non-commercial purposes
only;
2.2 Content from the B1SA website shall not be used or
exploited by Users for any commercial and non-private purposes in the absence
of prior written consent of B1SA;
2.3 Users may only access and use the B1SA website for
lawful purposes;
2.4 The caching of the B1SA website shall only be allowed
if:
2.4.1 The purpose of the caching is to make the onward
transmission of the content from the B1SA website 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
B1SA.
2.5 If any User uses content from the B1SA website in breach
of the provisions detailed herein:
2.5.1 B1SA reserves the right to claim damages from the User;
2.5.2 B1SA reserves the right to institute criminal proceedings
against the User; and
2.5.3 B1SA shall not be liable, in any manner whatsoever,
for any damage, loss or liability that resulted from the use of such content by
the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the B1SA website from any other source
shall be directed at the home page of the B1SA website. B1SA shall not be
liable, in any manner whatsoever, for any damage, loss or liability that
resulted from the use of content from the B1SA website, if such content was
accessed through a hyperlink not directed at the home page of the B1SA website.
Persons that wish to link to content beyond the home page of the B1SA website
shall do so at their own risk and indemnify B1SA against any loss, liability or
damage that may result from the use of content from the B1SA website, if such
content was accessed through a hyperlink not directed at the home page of the
B1SA website;
2.7 No person may frame the B1SA website, in any manner
whatsoever, without the prior written consent of B1SA;
2.8 Apart from bona-fide search engine operators and use of
the search facility provided on the B1SA website 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 B1SA website for any purposes,
without the prior written consent of B1SA; and
2.9 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 B1SA at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on
the B1SA website, including but not limited to content, trademarks, domain
names, patents, design elements, software, databases, text, graphics, icons and
hyperlinks are the property of or licensed to B1SA and as such, are protected
from infringement by domestic and international legislation and treaties.
Subject to the rights licensed to the User in clause 2, all other rights to
intellectual property on the B1SA website 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 access accounts required to access the Internet and the
B1SA website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services,
content, software and content downloads available from the B1SA website is
classified as “electronic transactions” in terms of the ECT Act and therefore
Users have the rights detailed in Chapter 7 of the ECT Act and B1SA has the
duty to disclose the following information:
5.1 The full name and
legal status of the website owner: Broadbased
Internet Software Applications PTY LTD trading as B1SA;
5.2 VAT registration number: 4800213409;
5.3 Street address: Unit 17, 3 Riley Road, Bedfordview,
2008;
5.4 Postal address: P. O. Box 10009, The Falls, 1522;
5.5 Physical address for receipt of legal service: Unit 17, 3 Riley Road, Bedfordview, 2008;
5.6 Telephone Number: +27 (0) 11 455 0033
5.7 Board Members: A. Bromley, D Havenga,
B.Green, E.Mohamed;
5.8 Auditors: MWReynolds and
Associates;
5.9 Main business: Technology and consulting services
5.10 The website address of the B1SA website is: www.b1sa.co.za;
5.11 The official e-mail address of the B1SA website is: support@b1sa.co.za;
5.12 Membership of self-regulatory or accreditation bodies:
Not applicable;
5.13 Codes of conduct to which B1SA subscribes: Not
applicable;
5.14 Copies of the Manual published in terms of section 51
of the Promotion of Access to Information Act 2 of 2000: Not applicable;
5.15 Alternative dispute resolution: Subject to urgent
and/or interim relief, all disputes regarding:
5.15.1 access to the B1SA website;
5.15.2 the inability to access the B1SA
website;
5.15.3 the services and content available
from the B1SA website; or
5.15.4 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.
5.16 The costs associated with the access and use of the
B1SA website, including the B1SA self assessment calculator, but specifically
excluding the B1SA Management Information System and/or ant pay transactions
optionally entered into by the User:
Free;
5.17 Cooling-off period: In terms of the operation of
section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do
not apply to this web site; and
5.18 Users may lodge
complaints concerning the B1SA website at support@b1sa.co.za.
Users hereby assign the copyright in such complaints to B1SA and understand
that B1SA may use, disclose and publish such complaints and is furthermore
under no legal duty to answer, address or resolve such complaints.
6. CHANGES AND AMENDMENTS
B1SA 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
B1SA website;
6.3 discontinue any aspect of the B1SA website or service(s)
available from the B1SA website; and/or
6.4 change the software and hardware required to access and
use B1SA website.
7. PRIVACY
7.1 B1SA shall take all
reasonable steps to protect the personal information of Users and 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);
7.2 B1SA may
electronically collect, store and use, amongst other, the following personal
information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 B1SA collects, stores and uses
the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about
browsing habits, click-patterns and access to the B1SA website;
7.4 Information detailed above is provided voluntarily by
the User.
7.5 B1SA may collect,
maintain, save, compile, share, disclose and sell any information collected from users,
subject to the following provisions:
7.5.1 B1SA shall not
disclose personal information from Users unless the User consents thereto;
7.5.2 B1SA shall
disclose information without the User’s consent only through due legal process;
and
7.5.3 B1SA may
compile, use and share any information that does not relate to any specific
individual; and
7.6 B1SA owns and
retains all rights to non-personal statistical information collected and
compiled by B1SA.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 B1SA may provide
hyperlinks to websites not controlled by the B1SA (target sites) and such links
do not imply any endorsement, agreement on or support for the content of such
target sites; and
8.2 B1SA 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. SECURITY
9.1 B1SA and its
hosting agents have taken all reasonable steps to secure the content of the B1SA
website and database and the information provided by and collected from Users from
unauthorised access and/or disclosure. However, B1SA does not make any
warranties or representations that content shall be 100% safe and secure;
9.2 Although B1SA
encrypt and digitally authenticate access to certain parts of the B1SA website
(self-assessment calculator), B1SA is under no legal duty to encrypt any
content or communications from and to the B1SA website and is also under no
legal duty to provide digital authentication of any page on the B1SA website;
9.3 Users may not
deliver or attempt to deliver, whether on purpose or negligently, any damaging
code, such as computer viruses, to B1SA website or the server and computer
network that support B1SA website;
9.4 Notwithstanding
criminal prosecution, any person who delivers any damaging code to the B1SA
website, whether on purpose or negligently, shall, without any limitation,
indemnify and hold B1SA harmless against any and all liability, damages and
losses B1SA and its partners / affiliates may suffer as a result of such
damaging code;
9.5 Users may not develop, distribute or use any device to
breach or overcome the security measures of the B1SA website and B1SA reserves
the right to claim damages any and all persons concerned with a security failure
or breach; and
9.6 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 B1SA and its partners / affiliates.
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, B1SA (including its owners, directors, employees,
suppliers, Internet service providers, 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 B1SA website;
10.1.2 access to websites linked to
the B1SA website;
10.1.3 inability to access the B1SA
website;
10.1.4 inability to access websites
linked to the B1SA website;
10.1.5 content available on the
B1SA website;
10.1.6 services available from the
B1SA website;
10.1.7 downloads and use of content
from the B1SA website; or
10.1.8 any other reason not
directly related to B1SA’s gross negligence.
10.2 The B1SA website 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 B1SA, that the content available from and
through the B1SA website meets 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 B1SA
website should not be regarded as professional advice or the official opinion
of B1SA and Users are encouraged to seek professional advice before taking any course
of action related to the information, ideas or opinions expressed on the B1SA
website;
10.4 B1SA does not make any warranties or representations
that content and services available from the B1SA website will in all cases be
true, correct or free from any errors. B1SA shall take all reasonable steps to
ensure the quality and accuracy of content available from B1SA website and
encourages Users to report incorrect and untrue information subject to the
right of B1SA to rely on its free expression rights and determine, in its sole
and absolute discretion, the contents of this website;
10.5 B1SA does not make any warranties or representations
that the B1SA website shall be available at all times. Users acknowledge that
the B1SA website may be unavailable due to updates or other causes beyond the
reasonable control of B1SA, including, but not limited to virus infection,
unauthorised access, 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 B1SA website to B1SA and B1SA 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. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of
2002, the User agrees to B1SA’s right to
intercept, block, filter, read, delete, disclose and use all communications
sent or posted by the User to the B1SA website, its staff and employees; and
12.2 The User agrees and acknowledges that the consent
provided by the User in clause 12.1 satisfies the “writing” requirement as
detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire
agreement between B1SA and the User and shall take precedence over any
disclaimers and/or legal notices attached to any communications and/or postings
received by B1SA from the User;
13.2 Any failure by B1SA to exercise or enforce any right or
provision shall in no way constitute a waiver of such right or provision; and
13.3 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.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and B1SA agree that:
14.1 the User shall be bound to
these terms and conditions and such agreement is concluded in Johannesburg
(South Africa)
at the time the User enters the B1SA website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by
the User to B1SA shall only be deemed to have been received if and when responded
to;
14.3 data messages (as defined in the ECT Act) addressed to
the User by B1SA shall be deemed to be received by the User as detailed in
section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by
the User to B1SA shall be deemed to have been created and sent by the User from
within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication
is not required for valid electronic communications between the User and B1SA;
and
14.6 The User agrees and warrants that data messages that
are sent to B1SA 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.
15. APPLICABLE AND GOVERNING LAW
Subject to clause 5.4, the B1SA
website 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 B1SA website, its content, services and
these terms and conditions.
16. LEGAL COSTS
B1SA shall not be liable for
costs incurred by Users to obtain professional advice relating to these terms
and conditions.