Terms & Conditions | Go2 Websites

WEBSITE TERMS & CONDITIONS

THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THE GO2WEBSITES WEBSITE OR ANY PART THEREOF IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE GO2WEBSITES WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf

DEFINITIONS AND INTERPRETATION

a. References herein to the Go2Websites website or content shall include any part thereof;

b. References herein to User(s) means any person who access the Go2Websites website, notwithstanding the fact that such a person only visited the home page of the Go2Websites website;

c. References herein to the singular includes the plural and vice versa; and

d. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.

1. GENERAL

1.1 Go2Websites provides (discussion of services and offerings)

1.2 Go2Websites partners with Go2Solutions. Partners not affiliated to Go2websites have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the Go2Websites website originates from such partners.

2. ALLOWED USE AND LICENSE

2.1. Go2Websites allows the User to view, copy, download and print the content of the Go2Websites website, provided that:

2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and

2.1.2 any reproduction of content from the Go2Websites website includes the following copyright notice:

2.2 Content from the Go2Websites website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of Go2Websites.

2.3 Users may only access and use the Go2Websites website for legal purposes.

2.4 Users may quote small and reasonable amounts of content available from the Go2Websites website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.

2.5 No person may frame the Go2Websites website, in any manner, without the prior written consent of Go2Websites.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the Go2Websites website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Go2Websites and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights listed in clause 2, all other rights to intellectual property on the Go2Websites website are expressly reserved.

3.2 The content on the website including all registered and unregistered trade marks, logos and other graphics, constitutes the intellectual property of Go2Websites and all data and information communicated to or from the website remains the sole property of Go2Websites.

3.3 You may view, electronically copy and print portions of the website for your personal use and for purposes of making online reservations. Any other use, including reproduction other than as aforesaid, amendment/modification, or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

4. CHANGES AND AMENDMENTS

Go2Websites expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
4.1 change these terms and conditions;

4.2 change the content and/or services available from the Go2Websites website;

4.3 discontinue any aspect of the Go2Websites website or service(s) available from the Go2Websites website; and/or

4.4 change the software and hardware required to access and use the Go2Websites website.

5. PRIVACY

5.1 Go2Websites shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

5.2 Go2Websites may electronically collect, store and use the following personal information of Users:

5.2.1 country of residence;

5.2.2 closest city;

5.2.3 non-personal browsing habits and click patterns;

5.2.4 e-mail address; and

5.2.5 IP address.

5.3 Go2Websites collects, stores and uses the abovementioned information for the following purposes:

5.3.1 to compile non-personal statistical information about browsing habits, click-patterns and access to the Go2Websites website.

5.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

5.5 The User may elect not to receive any communications from Go2Websites and/or its partners / affiliates.

5.6 Go2Websites may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

5.6.1 Go2Websites shall not disclose personal information from Users unless the User consents thereto;

5.6.2 Go2Websites shall disclose information without the User’s consent only through due legal process; and

5.6.3 Go2Websites may compile, use and share any information that does not relate to any specific individual.

5.7 Go2Websites owns and retains all rights to non-personal statistical information collected and compiled by Go2Websites.

6. HYPERLINKS TO THIRD PARTY SITES

Go2Websites may provide hyperlinks to websites not controlled by Go2Websites (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. Go2Websites does not control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

7. SECURITY

7.1 Go2Websites shall take all reasonable steps to secure the content of the Go2Websites website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Go2Websites does not make any warranties or representations that content shall be 100% safe and secure.

7.2 Go2Websites is under no legal duty to encrypt any content or communications from and to the Go2Websites website and is also under no legal duty to provide digital authentication of any page on the Go2Websites website.

7.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Go2Websites website or the server and computer network that support the Go2Websites website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Go2Websites website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Go2Websites harmless against any and all liability, damages and losses Go2Websites and its partners / affiliates may suffer as a result of such damaging code.

7.4 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Go2Websites and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Go2Websites (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

8.1.1 access to the Go2Websites website;

8.1.2 access to websites linked to the Go2Websites website;

8.1.3 inability to access the Go2Websites website;

8.1.4 inability to access websites linked to the Go2Websites website;

8.1.5 content available on the Go2Websites website;

8.1.6 services available from the Go2Websites website;

8.1.7 any other reason not directly related to Go2Websites’s gross negligence.

8.2 The Go2Websites website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Go2Websites, that the content and services available from and through the Go2Websites website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

8.3 Information, ideas and opinions expressed on the Go2Websites website should not be regarded as professional advice or the official opinion of Go2Websites and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Go2Websites website.

8.4 This website is directed primarily at Users in the Republic of South Africa and therefore Go2Websites shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.

8.5 Go2Websites sources content from various third parties and does not control the content provided by such third parties. Therefore Go2Websites shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the Go2Websites website not created by Go2Websites or its employees.

8.6 Go2Websites does not make any warranties or representation that content and services available from the Go2Websites website will in all cases be true, correct or free from any errors. Go2Websites shall take all reasonable steps to ensure the quality and accuracy of content available from the Go2Websites website.

8.7 Go2Websites does not make any warranties or representations that the Go2Websites website will be available at all times. Users acknowledge that the Go2Websites website may be unavailable due to updates or other causes beyond the reasonable control of Go2Websites, including, but not limited to virus infection, power failure or other “acts of God”.

9. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Go2Websites website to Go2Websites and Go2Websites undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

10. INTERCEPTION OF COMMUNICATIONS

13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to News24’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the News24 website or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.

11. ENTIRE AGREEMENT AND SEVERABILITY

11.1 These terms and conditions constitute the entire agreement between Go2Websites and the User and shall take precedent over any disclaimers and/or legal notices attached to the Go2Websites website

11.2 Any failure by Go2Websites to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

11.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

12. APPLICABLE AND GOVERNING LAW

The Go2Websites website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Go2Websites website, its content, services and these terms and conditions.