Website Terms and Conditions of
Use Agreement
Any person accessing this web
site (user) is subject to, and agrees to, the terms and conditions set out in
this legal notice. If the user does not wish to be bound by these terms and
conditions, the user may not access, display, use or download and/or otherwise
copy or distribute content obtained at this web site.
1.
Usage and Copyright
1.1
Users may view, copy, download to a local drive, print and distribute the
content of this web site, or any part thereof for informational or reference
purposes only and for non-commercial purposes.
1.2
Users that wish to use content from this site for commercial purposes may
only do so with the prior written permission obtained from the Web Administrator
at telephone number +27 41 403 0400 or email [email protected]. Any reproduction
and/or copy of the content or portion thereof for commercial purposes must
include this copyright notice in its entirety: © Coega 2015: ALL RIGHTS RESERVED
1.3
All moral rights and any other rights of the Coega Development
Corporation (CDC) or other legal entity in respect of which content is contained
on this site not expressly granted are reserved.
2.
Intellectual Property Rights
All content, data and trademarks, including, but not limited to, software, technology,
databases, know-how, text, graphics, icons, hyperlinks, private information,
designs, program, publication, product, process, or idea described in this web
site may be the subject of other rights, including other intellectual property
rights, are the property of or licensed to the CDC, or a legal entity with links
to the CDC, and as such are protected from infringement by South African
legislation and international treaties and conventions. Subject to the rights
afforded to the user herein, all other rights to all intellectual property on
this web site is expressly reserved and access to the any content on the site,
the user is not licensed
3.
Disclaimer
3.1
This information on this web site is intended to provide general
information on a particular subject or subjects and is not an exhaustive
treatment of such subject(s).
3.2
It is the sole responsibility of the user to satisfy itself prior to
accessing this web site that the web site will meet the user's individual
requirements and be compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded as
professional advice or the official opinion of the CDC or any other legal entity
in respect of which information, ideas and opinions are expressed on this web
site. Users are encouraged to consult professional advice before taking any
course of action related to information, ideas or opinions expressed on this
site.
3.3
We and our officers, directors, employees, servants, affiliates, shareholders, agents,
consultants or employees (in whose favor this constitutes a stipulation for the
benefit of another) shall not be liable for and you hereby indemnify us and our
officers, directors, employees, servants, affiliates, shareholders, agents,
consultants or employees (in whose favor this constitutes a stipulation for the
benefit of another) against any direct, indirect, special, incidental,
consequential or punitive damages or loss of any kind whatsoever or howsoever
caused (whether arising under contract, delicate or otherwise and whether the
loss was actually foreseen or reasonably foreseeable) arising out of your use of
this website or the online services or the information contained on this website
or your inability to use this website or the online services.
3.4
Certain links in the web server lead to resources maintained by third
parties over whom the CDC has no control. The CDC makes no representations or
warranties as to the accuracy of, or any other aspect relating to, those
resources.
3.5
The provisions of Part 2 of Chapter III of the Electronic Communications
and Transactions Act 25 of 2002 is hereby excluded from applying to any
electronic communications and data messages that you send to the CDC via this
web site. Any communication or data message that you send to the CDC will be
regarded having been received by the CDC when receipt is acknowledged in
writing. You need to follow up should you not receive a response within a
reasonable period of time. The CDC
shall not be liable for any failure to respond.
3.6
Should you require any information from the CDC regarding its services or
the content of this web site, please direct them such a request using the
contact-us link.
3.7
Neither CDC, its employees, associates nor those afflicted with the website can nor will be held liable for
any damages incurred (direct or indirect) as a result of usage thereof or the
quoting of the sites content. You, the user, accordingly indemnifies CDC and
holds it harmless against all and any loss, liability, actions, suites,
proceedings, costs, demands, and damages of all and every kind, (including
direct, indirect, special or consequential damages), and whether in an action
based on contract, negligence or any other action, arising out of or in
connection with failure or delay in the performance of this website or the use
of the information / Images / binary data available on this website.
3.8 The CDC web
sites contents are protected under applicable South African Intellectual
Property laws, and applicable International Intellectual Property laws and
conventions. No material may be used without prior written consent which has
been duly authorised and acknowledged for such usage.
The terms and conditions of this disclaimer shall be governed by, and construed
in accordance with South African law. The user irrevocably agrees that the
courts of South Africa shall have exclusive jurisdiction to settle any dispute
which may arise out of, under, or in connection with these terms and conditions
or the legal relationship established by them, and for those purposes
irrevocably submit all disputes to the jurisdiction of the South African courts.
4.
Security
4.1
Protection
The CDC has in place reasonable commercial standards of technology and operational security
to protect all information provided by users from loss, misuse, alteration or
destruction. All reasonable steps will be taken to secure a user's information.
Authorised employees, who are responsible for the maintenance of any sensitive
data submitted, are required to maintain the confidentiality of such data. The
policy applies to all employees of the CDC or public bodies that may receive
such information from the CDC. Users undertake not to divulge their user name
and passwords to any other person. 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 the CDC or any public body should
suffer any damage or loss, civil damages will be claimed.
4.2
Links to Third Party Web Sites
The Coega Development Corporation (CDC) may provide links to the user only as a convenience
and the inclusion of any link does not imply the CDC endorsement of such sites.
Linked web sites or pages are not subject to the control of the CDC. The CDC
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.
4.2
Disclosure to Third Parties
Although the CDC may provide users’ information to service providers that handle
information on our behalf, it will usually not share the information with third
parties or other public entities for secondary or unrelated purposes unless
otherwise disclosed at the point of collection.
Personal information may be transmitted internationally through the CDC or to third parties
for the purposes identified above.
This will not include transfer to countries without data protection rules
similar to those in effect in your country of residence. By providing information to the CDC
through this web site, you are consenting to such transfers.