Terms and Conditions and Privacy Policy

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE BIZNEWS WEBSITES 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 BIZNEWS 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

• “BizNews.com website” and “BizNews.com websites” means the BizNews.com sites and include any part or element thereof, including the following domains: biznews.com.
• “User” means any person who enters or uses the BizNews.com websites, even though such a person only visited the home page of the relevant BizNews.com websites;
• References herein to the singular include the plural and vice versa;
• Even though 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 determination of the validity and interpretation of these terms and conditions.

1. GENERAL

A registered company operates BizNews.com.

2. ALLOWED USE AND LICENSE

• 2.1 BizNews.com licenses the User to view, download and print the content of the BizNews.com website, provided that such content is used for personal, educational and/or non-commercial purposes only.
• 2.2 Content from the BizNews.com website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BizNews.com.
• 2.3 Users may only access and use the BizNews.com website for legal purposes.
• 2.4 The caching of the BizNews.com website shall only be allowed if:
• 2.4.1 The purpose of the caching is to make the onward transmission of the content from the BizNews.com website more efficient;
• 2.4.2 The cached content is not modified in any manner whatsoever;
• 2.4.3 The cached content is updated at least every 12 (twelve) hours; and
• 2.4.4 The cached content is removed or updated when so required by BizNews.com.
• 2.5 If any User uses content from the BizNews.com website in breach of the provisions detailed herein:
• 2.5.1 BizNews.com reserves the right to claim damages from the User;
• 2.5.2 BizNews.com reserves the right to institute criminal proceedings against the User; and
• 2.5.3 BizNews.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
• 2.6 Hyperlinks to the BizNews.com website from any other source shall be directed to the home page of the BizNews.com website. BizNews.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the BizNews.com website if such content was accessed through a hyperlink not directed at the home page of the BizNews.com website.
• 2.7 Users may quote small and reasonable amounts of content from the BizNews.com website only if such a quote is placed in inverted commas and acknowledged.
• 2.8 No person may frame the BizNews.com website in any manner whatsoever without the prior written consent of BizNews.com.
• 2.9 Apart from bona fide search engine operators and the use of the search facility provided on the BizNews.com website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the BizNews.com website for any purposes, without the prior written consent of BizNews.com.
• 2.10 All licenses and/or permissions granted in clause two are provided on a non-exclusive and non-transferable basis. They may be terminated or canceled by BizNews.com at any time without giving reasons.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

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

4. SOFTWARE AND EQUIPMENT

The user is responsible for acquiring and maintaining, at his/her own expense, the computer hardware, software, lines, and access accounts to access the Internet and the BizNews.com website and/or download content from this website.

5. DISCLAIMER

• 5.1 The content within this site should not be regarded as financial or medical advice and is for general information purposes only.
• 5.2 BizNews.com cannot be held liable for any investment decisions made based on the advice given by independent financial service providers. Under the ECT Act and to the fullest extent possible under the applicable law, BizNews.com disclaims all responsibility or liability for any damages whatsoever resulting from the use of this site in any manner.
• 5.3 The information should not be regarded as comprehensive. Liability by BizNews.com or its agents, directors, employees, or any other related party is explicitly denied if you rely on any of the information contained herewith.
• 5.4 We cannot guarantee the accuracy, timeliness, or completeness of information or any consequences due to the use of the information provided. Responsibility is denied for any errors or omissions.
• 5.5 We provide no warranties of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose.
• 5.6 This disclaimer is provided without prejudice.
• 5.7 BizNews.com or its directors, employees, or agents deny all liability to anyone for any decision made or action taken in reliance on the information on our websites.
• 5.8 Liability is also denied for any consequential, special, or other damages, even if advised of the possibility of such damage.
• 5.9 Links to other websites are provided as a courtesy only. BizNews.com makes no representations as to the accuracy and electronic safety of the links or any information that they may contain.
• 5.10 The content and references in this website, apart from adapted content, are the property of BizNews.com, including but not limited to all intellectual property rights in the underlying HTML, text, images, logos, and other material.

6. CHANGES AND AMENDMENTS

BizNews.com expressly reserves the right, in its sole and absolute discretion, to do any of the following at any time without prior notice:

• 6.1 Change these terms and conditions;
• 6.2 Change the content and/or services available from the BizNews.com website;
• 6.3 Discontinue any aspect of the BizNews.com web site or service(s) available from the BizNews.com web site; and/or
• 6.4 Change the software and hardware required to access and use the BizNews.com website.

7. PRIVACY

• 7.1 BizNews.com shall take all reasonable steps to protect Users' personal information. For 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.
• 7.2 BizNews.com may electronically collect, store, and use the following personal information of Users:
• 7.2.1 Name and surname;
• 7.2.2 Contact numbers;
• 7.2.3 Non-personal browsing habits and click patterns;
• 7.2.4 Email address; and
• 7.2.5 IP address.
• 7.3 BizNews.com collects, stores, and uses the abovementioned information for the following purposes:
• 7.3.1 Communicate requested information to the User;
• 7.3.2 Provide the User with access to restricted pages on this website; and
• 7.3.3 Compile non-personal statistical information about browsing habits, click patterns, and access to the BizNews.com website.
• 7.4 Information detailed above is collected electronically using cookies or provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
• 7.5 BizNews.com may collect, maintain, save, compile, share, disclose, and sell any information collected from users, subject to the following provisions:
• 7.5.1 BizNews.com shall not disclose personal information from Users unless the User consents thereto;
• 7.5.2 BizNews.com shall disclose information without the User’s consent only through due legal process; and
• 7.5.3 BizNews.com may compile, use, and share any information that does not relate to any specific individual.
• 7.6 BizNews.com owns and retains all rights to non-personal statistical information collected and compiled by BizNews.com.

7. HYPERLINKS TO THIRD PARTY SITES

8.1 BizNews.com may provide hyperlinks to websites not controlled by BizNews.com (target sites), and such links do not imply any endorsement, agreement on or support for the content of such target sites.

8.2 BizNews.com does not editorially 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.

9. SECURITY

• 9.1 BizNews.com shall take all reasonable steps to secure the content of the BizNews.com website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, BizNews.com does not make any warranties or representations that content shall be 100% safe and secure.
• 9.2 BizNews.com is under no legal duty to encrypt any content or communications from and to the BizNews.com website and is also under no legal duty to provide digital authentication of any page on the BizNews.com website.
• 9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the BizNews.com website or the server and computer network that support the BizNews.com website.
• 9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the BizNews.com website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BizNews.com harmless against any liability, damages, and losses BizNews.com and its partners/affiliates may suffer as a result of such damaging code.
• 9.5 Users may not develop, distribute or use any device to breach or overcome the product's security measures, and BizNews.com reserves the right to claim damages to any persons concerned with a security failure or breach.
• 9.6 Any User who commits any of the offenses 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 BizNews.com and its partners/affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf

10. DISCLAIMER AND LIMITATION OF LIABILITY

• 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, BizNews.com (including its owners, employees, suppliers, Internet service providers, partners, affiliates, and agents) shall not be liable for any damage, loss, or liability of any nature incurred by whomever and resulting from:
• 10.1.1 Access to the BizNews.com website;
• 10.1.2 Access to websites linked to the BizNews.com website;
• 10.1.3 Inability to access the BizNews.com website;
• 10.1.4 Inability to access websites linked to the BizNews.com website;
• 10.1.5 Content available on the BizNews.com website;
• 10.1.6 Services available from the BizNews.com website;
• 10.1.7 Downloads and use of content from the BizNews.com website; and
• 10.1.8 Any other reason not directly related to BizNews.com’s gross negligence.
• 10.2 The BizNews.com website is supplied on an “as is” basis and has not been compiled to meet the User’s requirements. The User must satisfy themselves before entering into this agreement that the content available from and through the BizNews.com website meets their requirements.
• 10.4 BizNews.com does not make any warranties or representation that content and services available from the BizNews.com website will, in all cases, be true, correct or free from any errors. Biznews.com shall take all reasonable steps to ensure the quality and accuracy of content available from the BizNews.com website
• 10..5 BizNews.com does not make any warranties or representations that the BizNews.com website shall always be available. Users acknowledge that the BizNews.com website may be unavailable due to updates or other causes beyond the reasonable control of Biznews.com, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God”

11. REMOVAL AND CORRECTION OF CONTENT

• 11.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the BizNews.com website to BizNews.com. BizNews.com undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
• 11.2 Comments posted on BizNews.com websites by users do not reflect the opinions of BizNews.com. BizNews.com reserves the right to edit and/or delete comments deemed inaccurate, illegal, defamatory, and/or harmful at its discretion.

12. INTERCEPTION OF COMMUNICATIONS

• 12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BizNews.com's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the BizNews.com website, its staff, and employees.
• 12.2 The User agrees and acknowledges that the consent provided in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

• 13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between BizNews.com and the User.
• 13.2 Any failure by BizNews.com to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
• 13.3 If any term or condition detailed herein is found unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions...

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

• 14.1 The User and BizNews.com agree that:
• 14.1.1 The User shall be bound to these terms and conditions, and such agreement is concluded in Cape Town (South Africa) at the time the User enters the BizNews.com website for the first time or immediately after the User indicates consent as required in the Content Use Agreement;
• 14.2 Data messages (as defined in the ECT Act) addressed by the User to BizNews.com shall only be deemed to have been received if and when responded to;
• 14.3 Data messages (as defined in the ECT Act) addressed to the User by BizNews.com shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
• 14.4 Data messages (as defined in the ECT Act) addressed by the User to BizNews.com shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
• 14.5 Electronic signatures, encryption, and/or authentication are not required for valid electronic communications between the User and BizNews.com.
• 14.6 The User agrees and warrants that data messages sent to BizNews.com from a computer, IP address, or mobile device normally used by or owned by the User were personally sent and/or authorised by the User.

15. APPLICABLE AND GOVERNING LAW

The BizNews.com website is hosted in the United States, and therefore, the US law enforced by the United States courts governs the use or inability to use the BizNews.com website, its content, services and these terms and conditions.

16. LEGAL COSTS

BizNews.com shall not be liable for Users' costs to obtain professional advice regarding these terms and conditions.

FOR ANY FURTHER QUERIES PLEASE EMAIL:

support@biznews.com