1. WEBSITE TERMS OF USE
These Terms (“Terms”) govern your (“User”) use
of Africa International Advisors. (“Provider”) website located
at the domain name https://africaia.com (“the Website”). By
accessing and using the Website, the User agrees to be bound by the
Terms set out in this legal notice. If the User does not wish to be
bound by these Terms, the User may not access, display, use, download,
or otherwise copy or distribute any content obtained from the Website.
2. UPDATING OF THESE TERMS
Provider may change, modify, add to or
remove from portions or the whole of these Terms. Changes to these
Terms will become effective when the changes are posted on the
Website. The User’s continued use of the Website following the posting
of changes or updates will be considered notice of the User’s
acceptance of the Terms, including any changes or updates.
3. COMPLAINTS AND DISPUTES
Users can file complaints via the “Contact us”
service of the Website. Currently, Provider does not subscribe to any
alternative dispute resolution code or mechanism.
4. COPYRIGHT AND
INTELLECTUAL PROPERTY RIGHTS
4.1 Provider provides certain information
on the Website. Content displayed on the Website is provided by
Provider, its affiliates or subsidiary, or any other third party
owners of the content (“Content”). All the proprietary works, and the
compilation of the proprietary works, belong to the Provider, its
affiliates or subsidiary, or any third party owners of the rights
(“Owners”), and the Content is protected by South African and
international copyright laws.
4.2 The Providers may make any changes
to the Website, the Content, or to products or services offered
through the Website at any time and without notice to the User. All
rights in and to the Content contained in and derived from the website
is reserved and retained by the Owners. Except as specified in the
Terms, the User is not granted a license or any other right including
under Copyright, Trademark, Patent or other Intellectual Property
Rights in or to the Content.
5. LIMITATION OF LIABILITY:
5.1 Subject
to sections 43(5) and 43(6) of ECTA, and to the extent permitted by
law, the Website and all Content on the Website, are provided on an
“as is” basis, and may include inaccuracies or typographical errors
and Provider, Owners, suppliers, employees, directors partners,
affiliates and agents will not be liable for any damage, or loss or
liability of any representation as to the availability, accuracy or
completeness of the Content, or any thirdparty content accessible via
an internet link.
5.2 Not any of the Content, including articles
published pertaining to specific aspects of the law must be construed
as legal advice in respect of such aspect or any other aspect of the
law. Users which choose to act in accordance with the contents of the
website, including any article published thereon, completely does so
on his or her own risk. Not the Provider, Owners, suppliers,
employees, directors, partners, affiliates nor any of the
aforementioned parties’ agents can be held liable for any damages, of
whatsoever nature, due to such action by any User.
5.3 Neither
Provider nor any holding company, affiliate, agent, subsidiary of
Provider or Owners, will be held responsible for any damage of any
kind, related to the use of, or the inability to access or use the
Content or the Website or any functionality, or of any linked website
to the extent permissible by law.
6. PRIVACY, ACCESS TO AND USE OF
INFORMATION
6.1 Provider receives various types of information
(“Information”) from Users who access the Website, including personal
information as detailed in the Promotion of Access to Information Act
(“PAIA”), Act 2 of 2000, and as detailed in section 1 of ECTA
(“Personal Information”).
6.2 Provider may electronically collect,
store and use Personal Information, inter alia name, contact details,
surfing patterns, email, IP address of the User. Provider voluntarily
subscribes to section 51 of ECTA and endeavours to treat Personal
Information received by Provider accordingly.
6.3 Whenever the User is
of the opinion that Provider fails to comply with section 51 of ECTA,
the User will contact Provider by sending an email
info@africaia.com. The Provider will review the User’s
representations made by email and, if within the Provider’s sole and
absolute discretion advisable, take corrective action and in any event
within 7 (SEVEN) days respond to User informing about corrective
actions taken, if any.
7. INTERCEPTION OF COMMUNICATIONS.
7.1 Despite
such undertaking, it is possible for internet-based communications to
be intercepted.
7.2 Without the use of encryption, the internet is not
a secure medium and privacy cannot be ensured. Internet e-mail is
vulnerable to interception and forging.
7.3 The Owners will not be
responsible for any damages the User or any third party may suffer as
a result of the transmission of confidential or disclosed information
that the User make to the Owners or Provider through the internet, or
that the User expressly or implicitly authorise the Owners to make, or
for any errors or any changes made to any transmitted information. 7.4
To ensure acquaintance with and awareness of the privacy measures and
policies of the Provider, the User is urged to take care to read and
understand the underlying privacy clauses incorporated in these Terms.
8. PRIVACY - CASUAL SURFING
8.1 The User may visit the Website without
providing any personal information.
8.2 The Provider may request
information from the User for access to specific information. The
Provider will ensure that this information is treated Privately and
Confidentially and will not be made available to Third-parties.
8.3
The User accordingly grants express written permission for the Website
servers in such instances collecting the IP address of the User
computer, but not the email address or any other distinguishing
information unless otherwise specifically provided.
8.4 This
information is aggregated (added up) to measure the number of visits,
average time spent at the Website, pages viewed, etc.
8.5 Provider
uses this information to determine use of the Website, and to improve
Content.
8.6 Provider assumes no obligation to protect this
information, and may copy, distribute or otherwise use the
information.
9. PRIVACY - PROMOTIONAL INFORMATION
Provider aspires to
provide first-class service to its customers, which requires Provider
providing information to the User about new services or special
offers. In each instance, the User is provided an opportunity to
opt-out of such information circulars. For more information send an
email info@africaia.com to opt out.
10. PRIVACY- INTERCEPTION
Subject to the Regulation of Interception of Communications Act Act 70
of 2002 (“RICA”), the User agrees that the Provider may intercept,
block, read, delete, disclose and use all communications sent or
otherwise communicated to the Provider, its employees, directors and
agents. User agrees that his or her consent satisfies the requirements
of ECTA and RICA for consent in “writing” as defined.
11. CHOICE OF
LAW
11.1 This Website is controlled, operated and administered by
Provider from its offices as set out below within the Republic of
South Africa.
11.2 The Terms will be governed by the laws of the
Republic of South Africa, and the User consents to the jurisdiction of
any competent South African Court in the event of any dispute.
11.3 If
any of the provisions of the Terms are found by a court of competent
jurisdiction to be invalid or unenforceable, that provision will be
enforced to the maximum extent permissible so as to give effect to the
intent of the Terms, and the remainder of the Terms will continue in
full force.
11.4 The Terms constitute the entire agreement between the
Provider and the User with regard to the use of the Content and the
Website.
12. CONTACT DETAILS
In the event that you need to contact
Provider for purposes related to the Terms, kindly use the contact
details on our “contact us” page.