NASOU VIA AFRIKA
USER AGREEMENT
Please read this USER AGREEMENT
carefully. It contains important contractual rights, obligations and conditions
between you and NVA. Your acceptance of the terms of this USER
AGREEMENT is required for your continued use of this web site.
USAGE
1.
Persons (User(s)) using the NVA website
for any reason whatsoever, subject themselves to and agree to these terms and
conditions and privacy policy of NVA when accessing this web site.
2.
The NVA website [is only intended to provide the
user with information regarding its products and services] / [consists of
information, content and services provided by NVA, its licensor(s), third parties and
users of the NVA web site.
3.
NVA expressly reserves the right, in
its sole and absolute discretion, to amend this agreement.
4.
NVA expressly reserves the right, in
its sole and absolute discretion, to remove, alter, modify, supplement and/or
restrict access to the services, content, information, software, or file(s)
appearing on or transmitted through the NVA web site.
5.
Any information and/or content appearing
on or transmitted through the NVA web site
does not constitute advice and you, the user, are encouraged to consult with
your professional advisor before acting on any information or content appearing
on or transmitted through the NVA
web site.
6.
Nothing on this website shall be construed as an
offer by NVA to you, the user, but merely an invitation to do
business.
INTELLECTUAL PROPERTY RIGHTS & LICENSE
7.
All content, trademarks and data on
this website, including but not limited to, software, databases, text,
graphics, icons, hyperlinks, private information, and designs are the property
of or licensed to NVA, and as such,
are protected from infringement by domestic and international legislation and
treaties.
8.
All rights not expressly granted are reserved. The
intellectual property rights in all content, information, services and/or
software vesting in NVA shall
continue to vest in NVA and no
right, title or interest in any proprietary material or information contained
in this website is granted to you.
9.
NVA grants to you, the user, a personal, non-exclusive,
non-assignable and non-transferable license to use, print and display all content, information, software, or file(s) on any
machine(s) of which you, the user, are the primary user for non-commercial purposes
only.
10. You, the
user, are prohibited from sublicensing, assigning or transferring this license
to any person.
11. Without
derogating from the above, you, the user, may designate family members to use
and access the information, content or services on the NVA web site subject to the terms of this User Agreement.
12. Unauthorised
copying of content, information, software, or file(s), including content,
information, software, or file(s) that have been amended, modified, combined or
included with such content, information, software, or file(s), or the written
materials associated therewith is expressly prohibited.
13. Any
unauthorised copying and/or sublicensing, or attempt at copying and/or
sublicensing, assignment or transfer of this agreement, shall result in the
immediate termination of this agreement by NVA without notice.
14. You, the
user, shall be responsible for all use of the information, content or service
accessed through your user account, which may be determined by cookies,
password(s) or authentication certificate(s).
15. You, the
user hereby ratify, guarantee and agree to be personally liable for any and all
obligations entered into or assumed by others who use the information, content
or services through your user account.
16. You, the
user, hereby acknowledge that certain information, content, service and/or
links may contain objectionable images, materials, content or information.
17. Except as
expressly permitted in this User Agreement, neither you, the user, nor your
designated users may reproduce, redistribute, retransmit, publish or otherwise
transfer, or commercially exploit, any information, software or other content
which they receive or access through the Service
ELECTRONIC COMMUNICATIONS
18. By using
this website or communicating with NVA by
electronic means, the user consents and acknowledges that any and all
agreements, notices, disclosures, or any other communication satisfies any
legal requirement, including but not limited to the requirement that such
communications should be “in writing”.
CHANGES AND AMENDMENTS
19. This
website may include technical or other inaccuracies or typographical errors.
Changes and amendments are periodically made to the information herein and
these changes will be incorporated in any new editions of this website. NVA reserves the right to make improvements and/or
changes or amendments to this website at any time.
20. NVA reserves the
right to change and amend the prices and rates quoted on this website without
any notice.
PRIVACY POLICY
21. NVA respects your privacy and is
committed to privacy protection principles. This privacy policy statement sets
out NVA information gathering and
dissemination practises.
22. While
using this website, information about you may be either collected by us or
provided by you. Such information will become the property of NVA.
23. NVA may use this personal
information to provide you with information regarding our products, services,
or events from time-to-time. You may request that NVA cease sending you such information or request that your
personal information be removed from our database or mailing list at any time
by e-mailing mdewitt@nasou.com.
24. You may
also request access to any personal information concerning you that NVA holds. The Promotion of Access to
Information Act, 2 of 2000 ("Proatia") set
out and regulate how such a request should be made and under what circumstances
such access may be refused.
25. You may
update or correct your personal information by e-mailing mdewitt@nasou.com. You may also view your personal information that
we hold and correct it if necessary on written request to NVA.
26. NVA will not disclose any personal
information to anyone except as provided for in this policy. We may however
need to disclose personal information to NVA
employees or agents who require such information to carryout their duties.
There may also be situations where the law requires us to disclose your
personal information. In all other situations, except in the case of the sale
of NVA or its associated services or
website(s), NVA will not disclose
your personal information without giving you prior notice thereof and an
opportunity to give your consent thereto.
27. NVA is not responsible for and
gives no warranties or makes any representations in respect of the privacy
policies or practices of linked or any third party websites.
28. NVA reserves the right to alter the
terms and conditions of this privacy policy at any time. You will be
responsible for reviewing any such changes each time you access the NVA website and your continued use of
the website after changes have been posted online, constitutes your acceptance
of this policy as modified by the posted changes.
29. If you have any questions or concerns arising from this policy or
the way in which we are handling your personal information, please contact us
at mdewitt@nasou.com.
TRANSMISSION OF INFORMATION
30. The user
acknowledges that information transmitted via the Internet, including without
limitation e-mail, is susceptible to monitoring and interception. The user is
therefore discouraged from transmitting to NVA any
information that may be confidential, proprietary, or sensitive. The user shall
bear all risk of transmitting such information in this manner and under no
circumstances will NVA be liable
for any loss, harm, or damage suffered by the user as a result thereof. NVA reserves the right to request independent verification of
any information transmitted via e-mail and the user consents to such
verification should NVA deem
it necessary.
31. Any
information or material sent to NVA will be
deemed not to be confidential, unless otherwise agreed in writing by the user
and NVA.
LINKING AND FRAMING
32. It is
expressly prohibited for any person, business, entity or website to link to any
page on this website, including the home page, without the prior written
approval of NVA.
33. It is
expressly prohibited for any person, business, entity, or website to frame any
page on this website, including the home page, in any way whatsoever, without
the prior written approval of NVA.
SEARCHING TECHNOLOGY
34. The use
of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to
search and gain information from this website is not permitted without our
written consent.
LINKS TO THIRD PARTY SITES
35. NVA provides links to
the user only as a convenience and the inclusion of any link does not imply NVA’s endorsement
of such sites.
36. Linked
websites or pages are not subject to the control of NVA. NVA 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 websites or any links contained in a linked website
SECURITY
37. It is
expressly prohibited for any person, business, or entity to gain or attempt to
gain unauthorised access to any page on this website, or to deliver or attempt
to deliver any unauthorised, damaging or malicious code to this website. Any
person who delivers or attempts to deliver any unauthorised, damaging or
malicious code to this website or attempts to gain unauthorised access to any
page on this website shall be held criminally liable, and in the event that NVA should suffer any damage or loss,
civil damages will be claimed.
WARRANTY
38. You, the
user, warrants that you use the NVA
web site at your own risk.
39. You, the user, acknowledge that no implied warranties,
including, without limitation, warranties of merchantability, title, fitness
for a particular purpose, non-infringement, compatibility, security and
accuracy has been given by NVA, its information
providers, licensors, suppliers, employees, agents, and Internet service
providers providing access to the NVA
web site.
40. This
website and the information, content and/or services are provided "as
is" and NVA makes no express or implied representations or
warranties with regard thereto. Without limiting the generality of the
aforegoing, NVA its information providers, licensors, suppliers,
employees, agents, and Internet service providers providing access to the NVA web site does not warrant
that the website or information will be error-free or will meet any particular
criteria of performance or quality, other than those warranties that are
implied by and incapable of exclusion, restriction, or modification under the
laws applicable to this User Agreement.
41. Whilst NVA has taken reasonable measures to ensure the
integrity of this website and its contents, no warranty, whether express or
implied is given that any files, downloads or applications available via this
website are free of viruses, trojans, bombs,
time-locks or any other data or code which has the ability to corrupt, damage
or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
42. The
user’s use of this website and the information contained therein is entirely at
the user’s own risk and the user assume full
responsibility and risk of loss resulting from the use thereof. Neither NVA,
its affiliates, or their shareholders, agents, consultants or employees will be
liable for any damages whatsoever, including, without limitation any direct,
indirect, special, incidental, consequential or punitive damages, whether in an
action arising out of contract, statute, delict or otherwise, relating to the
use of, or inability to use, this website or the information contained therein.
43. While all
reasonable steps have been take to ensure the accuracy and safety of the NVA website, the use of the products or
services advertised on this website are used at the user’s own risk. The user
accepts full responsibility and risk of any injury, damage, or loss resulting
from the use thereof. NVA will not
be liable for any personal or physical damage or loss, howsoever caused,
whether directly or indirectly, resulting from the use of the NVA website.
SEVERABILITY
44. These
Terms and Conditions of Use constitute the entire agreement between NVA and you, the user of this website. Any failure by NVA 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.
45. In the
event that any term or condition of the use of this website 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.
APPLICABLE LAW
46. This User
Agreement is concluded in the
CONTACT
INFORMATION
47. If you have any questions, queries or wish to request permission
to use any part of this website, including, linking, framing, or searching,
please contact us at:
Street Address:
Nasou Via Afrika
11th Floor,
Postal Address:
Nasou Via Afrika
Tel: +27 (021) 406-3314
Fax: +27 (021) 406-3086
Email: mdewitt@nasou.com
(Updated July 2002)
© 2002 BUYS INCORPORATED ATTORNEYS All Rights
Reserved. No person is allowed to copy or use this document outside the Naspers
Group of companies. Educor, Nasboek and Media24.