1. Definitions
- “User” means a person who uses and/or access computer Software and/or material via the www.acsionsa.co.za website
- “Acsion” means Acsion Limited
- “www.acsionsa.co.za” means this Website
- “Software”: Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software
- “material”: Including but not limited to: text, submissions, images, audio and/or video in whole or in part
- “content”: Including but not limited to software and material
- “submissions” Including but not limited to notes, images, creative materials, ideas, suggestions concepts, communication including any data, questions, comments and other information submitted to the www.acsionsa.co.za site via transmission by electronic mail or otherwise
2. Introduction
In this agreement unless it appears to the contrary, the singular shall include the plural and vice versa, any reference
to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person
and vice versa.
The headings of the clauses are provided for the sake of convenience and ease of reference only, and may not be used to
interpret, modify nor to amplify the terms of conditions.
3. Trade mark / copyrights and restrictions on use
This Website consists of content which is derived entirely or in part from content supplied by www.acsionsa.co.za and
other sources. The said contents are protected under applicable South African Copyright and Trade Mark Laws,
International Trade Marks and Copyright Laws and conventions.
The User may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or
transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the content, that being
software and/or material; except in so far that the User may download one copy of the content on any single computer for
the User’s personal, non-commercial home use only; and provided that all propriety notices and restrictions attached
onto the content are kept intact, unless expressly permitted by the site, or unless prior written consent from
www.acsionsa.co.za has been obtained. Requests for permission regarding any issue relating to the content which fall
into the ambit of the limitations stated above, can be made by sending an email to info@acsionsa.co.za.
The User is also strictly prohibited from creating works, and/or software materials derived from or which are based on
the contents found on this site. The prohibition applies regardless of whether the content is sold, negotiated or given
away and/or further alienated in any manner whatsoever.
4. Access and availability of service and links
www.acsionsa.co.za contains links to other related world wide web Internet sites. No inference can be made or
representation implied that www.acsionsa.co.za is connected with, operates or controls these linked web sites. Whether
or not these linked sites are in fact affiliated with www.acsionsa.co.za , Acsion is not responsible for the content of
or on the aforesaid sites. The link to the linked sites is for the User’s convenience only and the User’s access thereto
is at the User’s own risk. When visiting linked sites, the User must refer to that linked site’s individual Terms of Use
and cannot rely on the terms of this agreement.
5. Electronic transmission and records
- Any data messages, including email messages sent by Users of the site shall be deemed to have been received only upon written acknowledgement by Acsion. Should the User not receive a response from Acsion within a reasonable time, the User is required to follow up with Acsion. Acsion shall not be liable for any such failure to respond.
- The User is prohibited from using the name and contact details provided on the site for agents, brokers or any other person for any reason other than the reason for which it was provided for on the Website.
6. Submissions
- Any submissions, shall be deemed to be and remain the exclusive property of www.acsionsa.co.za. The various forms of content, which are found on the website, shall be deemed to remain the exclusive property of Acsion.
- Acsion has the right, but not the obligation to monitor and review submissions submitted by Users, and shall not be responsible for any of the content of these messages.
- Acsion further reserves the right to delete, move or edit submissions that it in its exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or Trademark laws or is otherwise objectionable.
7. Rules of conduct for the user
- The User with the inclusion of but not the limitation of, agrees that they will not transmit submissions to www.Acsion.co.za that;
- Are for illegal purposes
- Are for purpose of spamming
- Restrict or inhibit any other User from using and enjoying the website
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane pornographic and/or allow for indecent information that constitutes a criminal offence and/or gives rise to a civil liability claim or otherwise violates any local, national or international law
- Violate the Copyright, Trademark or other Intellectual property rights of any other person by the submission of the content to www.acsionsa.co.za through User generated content avenues, which allow for such submissions. The User by the transmission of content in any manner whatsoever, represents to www.acsionsa.co.za that they are the rightful owner of such content transmitted or that the User has obtained permission from the rightful owners to submit such content transmitted
- Contain viruses or other harmful content
- Are intended for commercial purposes, contain marketing or promotional materials or are intended to solicit donations.
- The User agrees that all submission become the exclusive property of Acsion. The User agrees that they shall be solely liable for any damage resulting from any infringement of Copyrights, Trademarks and other proprietary rights or any other damages resulting from such a submission. The User further indemnifies and holds Acsion harmless against all claims for any damages whatsoever arising from the use of the www.acsionsa.co.za site.
8. Damages, warranty, indemnity
- The User expressly agrees that the use of www.acsionsa.co.za is at the Users own risk. Acsion does not guarantee nor warrant:
- that www.acsionsa.co.za will be uninterrupted
- that www.acsionsa.co.za will be fault free and that the defects will be corrected
- the results that may be obtained from the use or application of information gained from www.acsionsa.co.za in so far as accuracy and content of any such information is concerned
- This site is provided “AS IS” and on an “IS AVAILABLE” basis, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non- infringement, title, security and compatibility.
- The User acknowledges and confirms the www.acsionsa.co.za indemnity to, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages arising from the use of or inability to use www.acsionsa.co.za . The User acknowledges that the provisions of this paragraph shall apply to all the contents of www.acsionsa.co.za .
- The disclaimer of liability applies to damages or injury, including but not limited to, indirect, direct, incidental, special, consequential or punitive damages or any damages whatsoever arising from use or loss of use of data or of profits, whether in breach of contract, delictual action, negligence, or under any other cause of action.
- If any of the terms and conditions of this agreement should be deemed to be unlawful, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective than to the extent only and within the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
9. General
- This agreement, the terms, conditions and operating rules for www.acsionsa.co.za constitute the entire agreement
between the parties with respect to the subject matter hereof. The agreement and the terms and conditions shall be
governed and interpreted in accordance with the laws of the Republic of South Africa. The User consents to and submits
to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications or the like
instituted by either party against the other party stemming from any of the terms and conditions of this website on
online services.
- www.acsionsa.co.za may at any time revise these terms and conditions by updating the postings. The User is bound by
such revisions and should therefore periodically visit this agreement to review the then current terms and conditions to
which the User is bound.
- www.acsionsa.co.za shall have the exclusive right to at any time change or discontinue any aspect or feature of
www.acsionsa.co.za .
10. Agreement to and termination of agreement
- The use of or access to this site constitutes the User’s acceptance of terms and conditions hereof, which are binding on the User and take effect on a date which the User first makes use of, or access to www.acsionsa.co.za
- If the User does not accept all the terms and conditions in full, the User must exit the www.acsionsa.co.za immediately. The website has the exclusive discretion to terminate the agreement at any time.
- After the User has exited the site as aforesaid the User must destroy all content, whether materials or software, obtained from the site and all copies thereof.
- In the event of the User failing to exit the site as aforesaid www.acsionsa.co.za has the right to claim any indirect, direct, incidental, special or punitive damages caused to www.acsionsa.co.za from the User’s unauthorized access and/or use of www.acsionsa.co.za.
- The User further indemnifies www.acsionsa.co.za against any claims for damages of whatsoever nature caused to another party by the User’s unauthorized use and/or access of the sites.