Website Terms and Conditions of Use Agreement
Any person accessing this web site (user) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained at this web site.
1. Usage and Copyright
1.1. Users may view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof for informational or reference purposes only and for non-commercial purposes.
1.2. Users that wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from the Web Administrator at telephone number ++27 13 752 2440 or email firstname.lastname@example.org. Any reproduction and/or copy of the content or portion thereof for commercial purposes must include this copyright notice in its entirety: ©Nkomazi SEZ 2016: ALL RIGHTS RESERVED
1.3. All moral rights and any other rights of the Nkomazi SEZ or other legal entity in respect of which content is contained on this site not expressly granted are reserved.
All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publication, product, process, or idea described in this web site may be the subject of other rights, including other intellectual property rights, are the property of or licensed to the Nkomazi SEZ, or a legal entity with links to the Nkomazi SEZ, and as such are protected from infringement by South African legislation and international treaties and conventions. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this web site is expressly reserved and access to the any content on the site, the user is not licensed.
3.1. This information on this web site is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
3.2. It is the sole responsibility of the user to satisfy itself prior to accessing this web site that the web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Nkomazi SEZ or any other legal entity in respect of which information, ideas and opinions are expressed on this web site. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3.3. We and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favor this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favor this constitutes a stipulation for the benefit of another) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delicate or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of this website or the online services or the information contained on this website or your inability to use this website or the online services.
3.4. Certain links in the web server lead to resources maintained by third parties over whom Nkomazi SEZ has no control. The Nkomazi SEZ makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
3.5. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 is hereby excluded from applying to any electronic communications and data messages that you send to the Nkomazi SEZ via this web site. Any communication or data message that you send to Nkomazi SEZ will be regarded having been received by the Nkomazi SEZ when receipt is acknowledged in writing. You need to follow up should you not receive a response within a reasonable period of time. The Nkomazi SEZ shall not be liable for any failure to respond.
3.6. Should you require any information from Nkomazi SEZ regarding its services or the content of this web site, please direct them such a request using the contact-us link.
3.7. Neither Nkomazi SEZ, its employees, associates nor those afflicted with the website can nor will be held liable for any damages incurred (direct or indirect) as a result of usage thereof or the quoting of the sites content. You, the user, accordingly indemnifies Nkomazi SEZ and holds it harmless against all and any loss, liability, actions, suites, proceedings, costs, demands, and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with failure or delay in the performance of this website or the use of the information / Images / binary data available on this website.
3.8. The Nkomazi SEZ web sites contents are protected under applicable South African Intellectual Property laws, and applicable International Intellectual Property laws and conventions. No material may be used without prior written consent which has been duly authorised and acknowledged for such usage.
3.9. The terms and conditions of this disclaimer shall be governed by, and construed in accordance with South African law. The user irrevocably agrees that the courts of South Africa shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the South African courts.
The Nkomazi SEZ has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user’s information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of the Nkomazi SEZ or public bodies that may receive such information from the Nkomazi SEZ. Users undertake not to divulge their user name and passwords to any other person. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page 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 the Nkomazi SEZ or any public body should suffer any damage or loss, civil damages will be claimed.
4.2. Links to Third Party Web Sites
Nkomazi SEZ may provide links to the user only as a convenience and the inclusion of any link does not imply the Nkomazi SEZ endorsement of such sites. Linked web sites or pages are not subject to the control of the Nkomazi SEZ. The Nkomazi SEZ 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.
4.3. Disclosure to Third Parties
Although Nkomazi SEZ may provide users’ information to service providers that handle information on our behalf, it will usually not share the information with third parties or other public entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection.
Personal information may be transmitted internationally through Nkomazi SEZ or to third parties for the purposes identified above. This will not include transfer to countries without data protection rules similar to those in effect in your country of residence. By providing information to the Nkomazi SEZ through this web site, you are consenting to such transfers.