Web Site Terms and Conditions of Use
1.2 This web site is intended to provide the user only with information regarding ITS User Group and the services it offers.
1.3 Without derogating from the aforegoing, ITS User Group hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:
1.3.1 such content is used for information and/or non-commercial purposes only; and
1.3.2 any reproduction of the content of this web site, or portion thereof, must include the following copyright notice: © ITS User Group 2005. ALL RIGHTS RESERVED.
1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission from ITS User Group.
2. INTELLECTUAL PROPERTY RIGHTS All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to ITS User Group, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site are expressly reserved.
3. ELECTRONIC COMMUNICATIONS By using this web site or communicating with [ITS User Group by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
4. CHANGES AND AMENDMENTS
4.1 ITS User Group expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
4.2 ITS User Group reserves the right to change and amend the information, prices and rates quoted as well as the terms and conditions on this web site without any notice.
5.1 ITS User Group protects the user’s privacy:
5.2 No personal information about a user will be disclosed to third parties without the user’s permission or due process.
5.3 ITS User Group gathers and will be in possession of the following private and personal information: · Information provided by the user voluntarily – this information is used to provide a better service to users; · Information automatically provided (e.g. via cookies) – this information is gathered to better users’ browsing and interaction with ITS User Group. Cookies cannot harm users’ computers nor carry viruses.
5.4 By using this web site the user consents to the following:
5.4.1 ITS User Group may use your personal information about the user to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
5.4.2 ITS User Group may use the user’s information for non-personal statistical purposes.
5.5 ITS User Group retains the copyright in databases of personal information of users.
6. LINKING AND FRAMING
6.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of ITS User Group
6.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of ITS User Group
7. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
7.1 No information or data on this web site is an offer to do business, but is merely an invitation to do business.
7.2 No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements require an acknowledgement an offer, of receipt from the institution.
7.3 No e-mail message shall be deemed to have been received by the institution until a response has been issued from the institution. An automated response, from the institution, shall not satisfy this requirement.
8. SEARCHING TECHNOLOGY
8.1 The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 8 hereof.
9. LINKS TO THIRD PARTY SITES
9.1 ITS User Group may provide links to other web sitesonly as a convenience to the user and the inclusion of any link does not imply ITS User Group’s endorsement of such sites.
9.2 Linked web sites or pages are not subject to the control of ITS User Group. ITS User Group shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site
10. SECURITY OF INFORMATION
10.1 All reasonable steps will be taken to secure a user’s information.
10.2 User’s undertake not to divulge their user name and passwords to any other person.
10.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that ITS User Group should suffer any damage or loss, civil damages will be claimed.
11.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, ITS User Group shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, ITS User Group makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free.
11.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with ITS User Group that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
11.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of ITS User Group.
11.4 All items purchased from ITS User Group are made pursuant to agreements with shipping and delivery agents and risk of loss pass from ITS User Group to such agents upon delivery of any item to such carrier.
11.5 Neither ITS User Group nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any information and/or services on this web site.
11.6 Postings of any kind posted to this web site are not editorially controlled and therefore ITS User Group cannot be held liable for illegal or unconstitutional content. The user indemnifies ITS User Group from all liability in this regard.
12.1 These Terms and Conditions of Use constitute the entire agreement between ITS User Group and you, the user of this web site. Any failure by ITS User Group to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
12.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
13. APPLICABLE AND GOVENERING LAW This web site is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use this web site and these terms and conditions.
14. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
14.1 If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact ITS User Group at: Street Address: The Webmaster ITS User Group, 41 Goodman Road, Beyerspark, Boksburg, 1459 Postal Address: The Webmaster ITS User Group, P O Box 25692, Eastrand , 1462 Tel: 011 425 5654 Email: firstname.lastname@example.org