SITE
TERMS AND CONDITIONS OF USE
ACCEPTANCE
PLEASE
READ THE USER AGREEMENT OF THIS SITE www.i2nfo.com (“Site”), AS EXPRESSED BELOW,
BEFORE CONTINUING TO MAKE USE OF THIS SITE.
BY
CONTINUING TO USE THIS SITE, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS
OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD
AND AGREES WILL BE BINDING ON THE USER.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Copyright
(© 2005 - 2008) in this site vests in Imperative Informatics Africa (Pty) Ltd, ("Imperative Informatics Africa"),
registration number 2005/040035/07, of Silverberg Terrace, Silverwood Close, Steenberg
Office Park, Tokai 7945, Cape Town, South Africa. All rights not expressly granted
are reserved.
Imperative
Informatics Africa retains for itself all intellectual property rights (including the goodwill
associated with those rights) related to the Site, whether owned by Imperative Informatics Africa
or used by Imperative Informatics Africa under licence. As used here “intellectual property
rights” means, with respect to any technology, content, data, hyperlinks, graphic
and icons on this Site, all related patent rights, copyrights, inventions, designs,
including software and hardware, layouts, trade mark rights and other intellectual
property rights therein and thereto, including all moral rights. In particular Imperative
Informatics Africa does not dispose of the ownership of or its rights under licence to
use any intellectual property on this Site.
SECURITY
Appropriate
action shall be taken in terms of chapter 8 of the Electronic Communications and
Transactions Act 25 of 2002, against any person that delivers or attempts to deliver
any damaging code to this Site or attempts to gain unauthorised access to any page
on this Site.
LINKS
AND FRAMING
Links
provided on this Site to non-Imperative Informatics Africa sites are provided as is and
Imperative Informatics Africa does not expressly or by implication agree with or have any
control over the content on such web sites. If the User follows any of these links
the User does so at its own risk and Imperative Informatics Africa cannot accept any responsibility
for any loss or damage that the User may incur as a result.
The
User may not use the Site for any unlawful purpose. You may not reproduce, publish,
broadcast, transmit, modify, adapt, create derivative works of, store, archive or
in any way commercially exploit any of the content on the Site. Without limitation,
you may not do any of the following without prior written permission from Imperative
Informatics Africa (and neither may you allow a third party to do any of the same:
redistribute
any of the content; or
create
a database in electronic or structured manual form by systematically downloading
and storing all or any of the content; or
deep
link to, frame, spider, harvest or scrape the content or otherwise access the content
for similar purposes.
WEBSITE
DISCLAIMER
IMPERATIVE
INFORMATICS AFRICA SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND
HAS REASONABLE SECURITY
PROCEDURES IN PLACE
.
Except
as set out above, Imperative Informatics Africa provides no warranties with regard to the
Site. Imperative Informatics Africa shall not be liable to the User by reason of any representation
(unless fraudulent), or any implied warranty, condition or other term, or any duty
at common law, or under the express terms of these Terms and Conditions, for any
direct, indirect, special, or consequential loss or damage (whether for loss of
profit or otherwise), costs, expenses or other claims for compensation whatsoever
(whether caused by the negligence of Imperative Informatics Africa, its employees or agents
or otherwise) which arise out of or in connection with the Site or its Use (whether
in contract, delict or otherwise).
E-MAIL
POLICY
It
is not the policy of Imperative Informatics Africa to regularly monitor the content of
electronic messages passing through its e-mail system. However, the content and/or
structure of certain messages may be monitored for auditing, security, investigative
and statistical activities. Users should structure their electronic communications
in recognition of the fact that Imperative Informatics Africa may from time to time examine
the content of electronic messages.
Imperative
Informatics Africa IT staff may occasionally be required to review the contents of an employee’s
mailbox to resolve a problem. IT staff may not view the content of an employee’s
mailbox out of curiosity or at the request of an individual who does not have authorization
or the right to do so. Users should likewise structure their electronic communications
in recognition of the fact that Imperative Informatics Africa may from time to time examine
the content of employee mailboxes.
GOVERNING
LAW
This
Site is a South African based web site. These Terms and Conditions shall be governed
and construed in terms of the law of the
Republic
of
South Africa
and the jurisdiction of the
Cape High Court
shall govern any action arising from these Terms and Conditions and/or the Use of
this Site.
AMENDMENTS
Imperative
Informatics Africa may, in its sole and absolute discretion, amend these terms and conditions,
or any part thereof at any time without notice to Users.
DISPUTES
The
User and Imperative Informatics Africa (“the Parties”) irrevocably agrees that any dispute
whatsoever arising from these Terms and Conditions shall be settled according to
the following procedure:
the
Parties shall firstly utilise their best efforts to attempt to settle the dispute
amicably between them by negotiation. This entails that the one party invites the
other in writing to a meeting to attempt to resolve the dispute within thirty (30)
days from the date of written invitation;
should
such negotiation fail to resolve the dispute, the Parties irrevocably agree that
the dispute shall be referred to administered mediation upon the terms set by the
Arbitration Foundation of South Africa (“AFSA”) Secretariat;
should
the mediation fail to resolve the dispute, the Parties irrevocably agree that the
dispute shall be finally settled by arbitration. The arbitration proceedings shall
be conducted according to the AFSA arbitration rules before:
a single
arbitrator appointed in terms of those rules in the event that the amount in dispute
is less than one million rand; or
three
arbitrators appointed in terms of those rules in the event that the amount in dispute
is equal to or greater than one million rand.
The
venue of the arbitration shall be
Cape Town, South Africa
.
The
arbitrator:
shall
have regard to the desire of the Parties to dispose of such dispute expeditiously,
economically and confidentially;
shall
be obliged to provide written reasons for his decision.
The
Parties irrevocably agree that the decision in the arbitration proceedings:-
shall
be final and binding on the Parties;
shall
be carried into effect;
may
be made an order of any court of competent jurisdiction.
The
arbitrator shall make an award in respect of the costs of the arbitration having
regard to the substantial success of each Party in the outcome of the proceedings.
The
Parties agree that:
the
nature of any dispute arising from this agreement; and
the
resolution thereof in terms of this clause which shall include any testimony and/or
evidence presented in terms of the provisions of this dispute resolution clause;
and
any
settlement agreement in terms of this clause as well as any arbitration award, shall
be considered Confidential Information.
This
clause shall not preclude either Party form obtaining interim relief on an urgent
basis from a court of competent jurisdiction pending the outcome of the negotiations,
mediation or decision of the arbitrator as the case may be from time to time.
The
provisions of this clause will continue to be binding on the Parties notwithstanding
any termination or cancellation of this Agreement.