Terms & Conditions

Web Site Terms & Conditions of Use

Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialist in Internet and e-commerce law: (021) 461 7387. Web site: www.buys.co.za

USAGE

Persons using the Solidarity web site for any reason whatsoever, subject themselves to and agree to the terms and conditions and privacy policy of Solidarity when accessing the web site as set out below.

This web site is only intended to provide the user with information regarding Solidarity, its products and services.

Solidarity expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this web site without notice.

Nothing on this web site shall be construed as an offer by Solidarity to you, the user, but merely an invitation to do business.

OWNERSHIP & COPYRIGHT

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Solidarity, and as such, are protected from infringement by domestic and international legislation and treaties.

All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in Solidarity shall continue to vest in Solidarity and no right, title or interest in any proprietary material or information contained in this web site is granted to you.

Without derogating from the aforegoing, Solidarity hereby authorises you to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:

such content is used for information purposes only;
all moral rights of Solidarity and its employees or agents are reserved.
such content is used for non-commercial purposes. Without derogating from the aforegoing, you are expressly prohibited from incorporating any material from this web site in any other work, publication or web site either of your own or belonging to any third party;
any reproduction of this the content of this web site, or portion thereof, must include this copyright notice in its entirety;

documents specified above include the design and layout of this web site. Elements of this web site are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this web site may be copied or retransmitted unless expressly permitted by Solidarity.

ELECTRONIC COMMUNICATIONS

By using this web site or communicating with Solidarity 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

This web site 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 web site. Solidarity reserves the right to make improvements and/or changes or amendments to this web site at any time.

Solidarity reserves the right to change and amend the prices and rates quoted on this web site without any notice.

PRIVACY POLICY

Solidarity respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out Solidarity information gathering and dissemination practises.

While using this web site, information about you may be either collected by us or provided by you. Such information will become the property of Solidarity. We will have the right to use your information to generate anonymous statistics, which will be our property.

Solidarity may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that Solidarity 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 [please insert correct e-mail address for this purpose]

You may also request access to any personal information concerning you that Solidarity 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.

You may update or correct your personal information by e-mailing [please insert correct e-mail address for this purpose]. You may also view your personal information that we hold and correct it if necessary on written request to Solidarity.

Solidarity will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to Solidarity employees or agents who require such information to carry out 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 Solidarity or its associated services or web site(s), Solidarity will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.

Solidarity 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 web sites.

Solidarity 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 Solidarity web site and your continued use of the web site after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.

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 mwu@solidariteit.co.za.

TRANSMISSION OF INFORMATION

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 Solidarity 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 Solidarity be liable for any loss, harm, or damage suffered by the user as a result thereof. Solidarity reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Solidarity deem it necessary.

Any information or material sent to Solidarity will be deemed not to be confidential, unless otherwise agreed in writing by the user and Solidarity.

LINKING AND FRAMING

It is expressly prohibited for any person, business, entity or web site to link to any page on this web site, including the home page, without the prior written approval of Solidarity.

It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of Solidarity.

AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

No information or data on this web site is an offer, but merely an invitation to do business.

No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.

SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server and/or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 7 hereof.

LINKS TO THIRD PARTY SITES

Solidarity may provides links to the user only as a convenience and the inclusion of any link does not imply Solidarity's endorsement of such sites.

Linked web sites or pages are not subject to the control of Solidarity. Solidarity 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 web sites or any links contained in a linked web site

SECURITY

It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that Solidarity should suffer any damage or loss, civil damages will be claimed.

DISCLAIMER

This web site and the information contained therein is provided "as is" and Solidarity makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:

Solidarity does not warrant that the web site or information will be error-free or will meet any particular criteria of performance or quality. Solidarity expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy; and
whilst Solidarity has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this web site 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

The user's use of this web site 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 Solidarity, 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 web site or the information contained therein. This clause does not apply to section 43(5) and (6) of the Electronic Communications and Transactions Act.

While all reasonable steps have been take to ensure the accuracy and safety of the Solidarity web site, the use of the products or services advertised on this web site 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. Solidarity will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the Solidarity web site.

SEVERABILITY

These Terms and Conditions of Use constitute the entire agreement between Solidarity and you, the user of this web site. Any failure by Solidarity 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.

In the event that any term or condition of the use of this web site 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

This web site is hosted, controlled and operated from the Republic of South Africa, and thus, South African law and the jurisdiction of the South African courts govern the use or inability to use this web site.

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Centurion in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf

CONTACT INFORMATION

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:

Street Address:
Solidariteit Head Office
Cnr: DF Malanrdrive and Eendracht-street
Kloofsig
0153

Postal Address:
P.O. Box 11760
Centurion
0046

Tel: (012) 643-8500
Fax: (012) 663-3808
Email: mwu@solidariteit.co.za

(Updated August 2003)

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