TERMS AND CONDITIONS
Web site terms and conditions: Renaissance Body Science Institute Building (“Renaissance”)
These terms and conditions are binding and enforceable as against all persons who access the Renaissance web site or any part thereof in terms of Section 11(3) of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT”).
If you do not agree to these terms and conditions you must leave the Renaissance web site now; further use will automatically bind you to these terms and conditions.
“Content Use Licence” means the licence extended to the User for the purpose of downloading requested and specific Renaissance and/or PHP48 information available only from certain pages of the Renaissance web site.
“Renaissance” refers to the Renaissance Body Science Institute Building and includes a reference to the Renaissance web site and includes any part thereof and “this web site” and “the web site” have similar meanings.
“The User” means any person who enters or uses the Renaissance web site.
ALLOWED USE AND LICENCE
The User is permitted to view, download and print the content of this web site, provided that such content is used for personal or professional purposes associated with the User’s tenancy in the Renaissance Building or the User’s association in business with other tenants in the Renaissance Building and for no other purpose without the prior consent of Proud Heritage Properties 48 (Proprietary) Limited (“PHP48”).
Neither PHP48 nor any of its officers or employees shall be liable in any manner whatsoever for any damage, loss or liability which results from the use of such content by the User or any third party who obtains such content from the User.
Hyperlinks to the Renaissance web site from any other source shall be directed at the home page of the Renaissance web site. Neither PHP48 nor any of its officers or employees shall be liable for any damage, loss or liability resulting from the use of content from the Renaissance web site if such content was accessed through a hyperlink not directed at the home page of the Renaissance web site. Persons who link to content beyond the home page of the Renaissance web site do so at their own risk and indemnify PHP48 against any loss, liability or damage which may result from the use of content from the web site where such content was accessed through a hyperlink not directed at the home page of the Renaissance web site. The reason for PHP48’s non-liability is that “deep linking” bypasses these terms and conditions.
Users may quote short extracts of content of the Renaissance web site only if such content is placed in inverted commas and its origin acknowledged.
INTELLECTUAL PROPERTY AND DOMAIN NAME USE
All intellectual property on the Renaissance web site, including but not limited to content, trademarks, domain names, text, graphics, icons and hyperlinks are the property of or licensed to PHP48 and are protected from infringement by law. Subject to the rights licensed to the User as set out above, all other rights to intellectual property on the Renaissance web site are expressly reserved.
SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Renaissance web site and/or download content from this web site.
DISCLOSURES REQUIRED BY SECTION 43 OF ECT
Access to the services, content, software and content downloads available on this web site is classified as “electronic transactions” in terms of ECT. Users therefore have the rights detailed in Chapter 7 of ECT, and PHP48 has the duty to disclose the following information:
Full name and legal status of the web site owner: Proud Heritage Properties 48 (Pty) Ltd;
Street address: 183 Bree Street, Cape Town 8001, South Africa;
Postal address: 183 Bree Street, Cape Town 8001, South Africa;
Physical address for receipt of legal service: 4th Floor, 183 Bree Street, Cape Town 8001, South Africa, Attention Gareth Dunn
Main business: property owner;
Web site address: http://www.renaisancebsi.co.za;
Official e-mail address of the Renaissance web site: email@example.com;
Management: the management profile of Renaissance is available from this web site;
Costs associated with access to and use of the web site: free access;
Alternative dispute resolution: subject to urgent and/or interim relief, all disputes regarding access to the web site, the services and content available from the web site, and these terms and conditions shall be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa and such arbitration shall be conducted in Cape Town in English. The arbitration ruling shall be final and the arbitrator shall in his/her discretion determine liability for costs;
Complaints regarding this web site may be lodged with MR G Dunn via email on firstname.lastname@example.org
CHANGES AND AMENDMENTS
PHP48 expressly reserves the right in its sole discretion to do any of the following without prior notice:
Change these terms and conditions;
Change the content and/or services available from the web site;
Discontinue any aspect of the web site or services available on the web site;
Change the software and hardware required to access and use the web site.
PHP48 shall take all reasonable steps to protect the personal information of Users. For the purposes of this clause “personal information” shall have the definition set out in the Promotion of Access to Information Act, 2 of 2000 (“PAIA”).
HYPERLINKS TO THIRD PARTY SITES
PHP48 may provide hyperlinks to web sites not controlled by PHP48 (target sites) and such links do not necessarily imply any endorsement, agreement on or support for the content of such target sites.
PHP48 does not editorially control the content of such target sites and shall not be liable in any manner whatsoever in respect of access to or inability to access such target sites or in respect of content available on or through such target sites.
PHP48 shall take all reasonable steps to secure the content of the web site and the information provided by and collected from Users against unauthorised access and/or disclosure. However, PHP48 does not make any warranties or representations in this regard.
PHP48 is under no legal duty to encrypt any content or communication from or to the web site and is under no legal duty to provide digital authentication of any page on the web site.
Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code, such as computer viruses, to the web site or the server and computer network which supports this web site. Notwithstanding criminal prosecution, any person who contravenes this clause shall without limitation indemnify and hold PHP48 harmless against any and all liability, damages and losses which PHP48 and its partners or affiliates may suffer as a result of such damaging code.
Any User who commits any of the offences detailed in sections 85 to 88 of ECT shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by PHP48 and its partners or affiliates.
DISCLAIMER AND LIMITATION OF LIABILITY
Subject to the provisions of ECT, where applicable, and as far as may be allowed in law, PHP48 (including its shareholders, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability incurred by whomever and resulting from:
Access to this web site;
Access to web sites linked to this web site;
Inability to access this web site or web sites linked to this web site;
Content available on this web site;
Services available on this web site;
Downloads and use of content from this web site;
Any other reason not directly related to the gross negligence of PHP48.
PHP48 does not make any warranties or representations that content or services available from this web site will in all cases be true, correct or free from errors. PHP48 shall take all reasonable steps to ensure the quality and accuracy of content available from this web site.
ACCESS TO CONTENT DOWNLOADS
Users who require access to content downloads shall address a request via email to PHP48 and include all contact information and specify the reason content is required, the manner in which it will be used and the nature and scope of the content so required. Upon approval of a download application PHP48 shall allocate a username and password to the User who shall be requested to accept the Content Use Licence.
INTERCEPTION OF COMMUNICATIONS
Subject to the provisions of the Regulation of Interception of Communications Act (“RICA”), 70 of 2002, the User agrees to the right of PHP48 to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to this web site, the staff and management of PHP48. The User agrees that the consent provided in this clause satisfies the “writing” requirement as specified by ECT and RICA.
ENTIRE AGREEMENT AND SEVERABILITY
Subject to the provisions of the Content Use Licence, these terms and conditions constitute the entire agreement between PHP48 and the User.
Any failure by PHP48 to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
In the event that any term or condition is found to be unenforceable or invalid for any reason, such term or condition shall be severable from the remaining terms and conditions which shall remain enforceable and applicable.
AGREEMENT IN TERMS OF SECTION 21 OF ECT
The User and PHP48 agree that:
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 web site for the first time or immediately after the User has indicated consent as required;
Data messages (as defined in ECT) addressed by the User to PHP48 shall be deemed to have been received if and when responded to;
Data messages (as defined in ECT) addressed to the User by PHP48 shall be deemed to have been received by the User as detailed in section 23(b) of ECT;
Data messages (as defined in ECT) addressed by the User to PHP48 shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
Electronic signatures, encryption and/or authentication shall not be required for valid electronic communications between the User and PHP48;
The User agrees and warrants that data messages which are sent to PHP48 from a computer, IP address or mobile device normally used or owned by the User were sent and/or authorised by the User personally.
APPLICABLE AND GOVERNING LAW
This web site is hosted, controlled and operated from the Republic of South Africa and South African law governs the use or inability to use the web site, its content, services and these terms and conditions.
PHP48 shall not be liable for costs incurred by the User to obtain advice relating to these terms and conditions.
© 2012 Proud Heritage Properties 48 (Pty) Limited. All rights reserved