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TERMS AND CONDITIONS OF USE OF THE WEBSITE
The following are the terms and conditions of the use of the IMATU website
USAGE
Persons using the IMATU website for any reason whatsoever, are subject to and agree to the terms and conditions and privacy policy of the owner of this website namely the INDEPENDENT MUNICIPAL AND ALLIED TARDE UNION also known as IMATU.
This website is intended to provide the user with information regarding IMATU, its business partners, agents, its products and services.
IMATU expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice.
No part of any publication or advertisement on this website shall be construed as an offer by IMATU to the user, except where a clear invitation to engage commercially is made.
OWNERSHIP & COPYRIGHT
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to IMATU, 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 IMATU shall continue to vest in IMATU and no right, title or interest in any proprietary material or information contained in this website is granted to the user.
Without derogating from the aforementioned, IMATU hereby authorize the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
- such content is used for information purposes only;
- All rights of IMATU and its employees or agents are reserved.
- the identified content is used for non-commercial purposes and users are expressly prohibited from incorporating any material from this website in any other work, publication or website either privately owned or belonging to any third party;
- any reproduction of this the content of this website, or portion thereof, must include this copyright notice in its entirety;
Documents specified above include the design and layout of this website. Elements of this website are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless so expressly permitted by IMATU.
ELECTRONIC COMMUNICATIONS
By using this website or communicating with IMATU by electronic means, the user consents and acknowledge 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 website 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 website. IMATU reserves the right to make improvements and/or changes or amendments to this website at any time without prior notification to users.
TRANSMISSION OF INFORMATION
The users acknowledge 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 IMATU 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 IMATU be liable-expressly or tacitly- for any loss, harm, or damage suffered by the user as a result thereof. IMATU reserves the rights to request independent verification of any information transmitted via e-mail and the user consents to such verification should IMATU consider it necessary.
Any information or material sent to IMATU via the internet will be deemed not to be confidential, unless otherwise agreed in writing by the user and IMATU.
LINKING AND FRAMING
It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of IMATU.
It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written consent of IMATU.
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
No information or data on this website is an offer, but merely an invitation to do business.
No agreements shall be concluded by sending a data message to this website or its owners and legally valid agreements require an acknowledgement of receipt from this website and its owners, IMATU.
SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted if such technology will result in slowing down this website’ server and/or copyright infringement of any data and information available from this website.
LINKS TO THIRD PARTY SITES
IMATU, at its discression may provide links to the user only as a convenience and the inclusion of any link does not imply IMATU’s endorsement of access to and contents of such sites.
Linked websites or pages are not subject to the control of IMATU and IMATU 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 websites or any subsequent links contained in a linked website which was accessed through this website.
SECURITY
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access (“hacking” or any other method used) to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that IMATU should suffer any damage or loss, civil damages will be claimed.
DISCLAIMER
This website and the information contained therein are provided “as is” and IMATU makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the abovementioned conditions, users of this website are made aware of the following conditions:
- IMATU does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality. IMATU expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy; and
- whilst IMATU has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website 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 use of this website and the information contained therein is entirely at the user’s own risk and the users assume full responsibility and risk of loss resulting from the use thereof. Neither IMATU, its affiliates, nor its 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 website 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 IMATU website, the use of the products or services advertised on this website 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. IMATU will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the IMATU website.
SEVERABILITY
The “Terms and Conditions of Use” constitute the entire agreement between IMATU and the user of this website. Any failure by IMATU 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 website 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 website 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 website.
Notwithstanding the foregoing, IMATU shall have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.
Terms and conditions for use of the IMATU website Copyright 2010- all rights reserved. Users of this site agree to be bound by the terms of the “IMATU website terms and conditions of use”.
© 10/2010
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