TERMS AND CONDITIONS
The following are the terms and conditions for use of Business Engage service including without limitation general content, forums, product offerings (note each product offering may contain its own terms and conditions over and above these terms and conditions. Refer to the specific service provider for details), classifieds, downloads, information, articles, directories, links and search (each feature individually and collectively referred to as the “Service”). Please read them carefully. The Service is offered to you conditionally on your acceptance without modification of the terms, conditions, and notices contained herein.
These terms and conditions are binding and enforceable against all persons that access the website in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002. If you do not agree to these terms and conditions you must leave the Business Engage site now as further use will bind you to these terms and conditions. A copy of the Act is available from http://www.info.gov.za/
1. TRADE NAME
Business Engage is a trade name of Business Engage Association NPC, a company registered under the laws of South Africa. The website is administered in South Africa under South African law.
2. USER PRIVACY
It is Business Engage’s policy to respect the privacy of its users. Business Engage will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Business Engage has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Business Engage; or (3) act to protect the interests of its members or others. Business Engage does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
3. USER CONDUCT
As a condition of your use of the Service, you warrant to Business Engage that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.
You agree to abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your use of the Service. By way of example, and not as a limitation, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
Advertise or offer to sell or buy any goods or services without the written consent of Business Engage.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the terms and conditions.
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto and/or have received all necessary consents.
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.
Business Engage has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, Business Engage reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Business Engage and/or its respective partners and/or service providers may make improvements and/or changes in the Service at any time.
Business Engage does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Business Engage does not warrant that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Business Engage shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Business Engage is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Business Engage is not responsible for any content sent using and/or included in the Service by any third party.
Business Engage and/or its respective partners and/or service providers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. The Service is provided “as is” without warranty of any kind. Business Engage and/or its respective partners and/or service providers hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall Business Engage and/or its respective partners and/or service providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service or related websites, with the delay or inability to use the Service or related websites, the provision of or failure to provide Services, or for any information, software, products, Services and related graphics obtained through the service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Business Engage or any of its partners or service providers have been advised of the possibility of damages.
You agree to indemnify and hold Business Engage, its partners, service providers, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Business Engage may terminate access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
7. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Business Engage shall not be responsible or liable for any part of any such dealings or promotions.
8. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content of whatever nature, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Business Engage, or Business Engage’s advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Websites, including code and software.
9. MODIFICATIONS TO TERMS OF SERVICE
Business Engage reserves the right to change the terms and conditions regarding the use of the Service at any time and to notify you by posting an updated version of the terms and conditions on this Website. You are responsible for regularly reviewing the terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
10. LEGAL COSTS
Business Engage shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content on the Business Engage website to Business Engage and Business Engage 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. CONSUMER PROTECTION ACT
All advertisers on this website shall ensure compliance with the Consumer Protection Act as may be amended from time to time.
This agreement is governed by the laws of the Republic of South Africa. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Business Engage as a result of this agreement or use of the Service. Business Engage’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Business Engage’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Business Engage with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Business Engage with respect to the Service (excluding any product specific agreements) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Business Engage with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Business Engage agree that any cause of action arising out of or related to this Service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the terms and conditions are solely used for the convenience of the parties and have no legal or contractual significance.
14. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the Services and content available from the Business Engage website is classified as “electronic transactions” in terms of the Electronic Communications Transactions Act and therefore users have the rights detailed in Chapter 7 of the Act and Business Engage has the duty to disclose the following information:
The full name and legal status of the website owner: Business Engage Association NPC.
E mail address: firstname.lastname@example.org
Postal address: PO Box 1841, Lonehill, 2062 South Africa;
Main business: the provision of small business development and women empowerment;
Membership of self-regulatory or accreditation bodies: nil;
Codes of conduct to which the Business Engage website subscribes: self regulation and the constitution of the Republic of South Africa;
The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Business Engage website; Currently not available.
Management: The identities and contact details of the Business Engage management team are; Colleen Larsen +27 84 353 9865
Costs: Access to certain content on the Business Engage website is free to any person who subscribes to these terms and conditions. Access to some pages on the Business Engage website is restricted to persons who registered through the “Sign me in” function and/or other registration means. Services are provided on the site for which charges are made. Notwithstanding the aforegoing, Business Engage reserves the right in future to charge fees for access to the Business Engage website;
Alternative dispute resolution regarding:
- access to the Business Engage website;
- the inability to access the Business Engage website;
- the Services and content available from the Business Engage website; or
- 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 website: http://www.arbitration.co.za
LAST UPDATED ON WEDNESDAY, 13 JUNE 2012 22:18