LEGAL NOTICES - WEBSITE TERMS AND CONDITIONS

(Last updated: September 2014)

1. Introduction

The Agricultural Research Council, including its research institutes ("ARC" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the website

Whilst every effort is made to update the information contained on this website, neither ARC nor any third party or data or content provider shall make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. ARC reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade marks

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of ARC. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the ARC.

4. External links

External links may be provided for your convenience, but they are beyond the control of the ARC and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the ARC.

5. Public forums and user submissions

The ARC is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the ARC. ARC reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of ARC's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable South African or international laws or intellectual property rights of the ARC or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.

6. Specific use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the ARC against any loss, liability, damage or expense of whatever nature which the ARC or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. Warranties

ARC makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.

8. Disclaimer of liability

ARC shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither ARC nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the website

The ARC does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than the Republic of South Africa). By accessing the website, you warrant and represent to ARC that you are legally entitled to do so and to make use of information made available via the website.

10. E-mail disclaimer

This e-mail disclaimer and confidentiality note is enforceable and binding on the recipient/addressee in terms of Sections 11(1) and 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”).

This e-mail, any links and attachments transmitted with it may be confidential, legally privileged and protected by law and are the property of the Agricultural Research Council (“ARC”). It is intended for the sole use of the individual or entity to which it is addressed. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this email, links or attachments thereto, to any person whatsoever.

Unauthorised disclosure and/or use may result in civil and criminal liability, applicable by law. If you have received this e-mail in error, please immediately notify the sender and delete the email and its attachments (if any). Do not disclose the contents to any other person or use it for any purpose or store or copy or distribute the information contained in the email in any medium. Any disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. At no time may you act on the information contained therein.
Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the ARC.
The ARC and the sender of the email accept no liability whatsoever for any loss or damages – whatsoever and howsoever incurred - or suffered resulting or arising from the use of this e-mail or its attachment. The recipient who uses the email hereby indemnifies the ARC and the sender against loss or damages suffered by any third party. Neither the ARC nor the sender warrant the integrity of this e-mail nor that it is free of errors, viruses or that it has been intercepted.
The ARC reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to the e-mail address of the sender. If this e-mail message is used for purposes unrelated to the official business of the ARC, the ARC shall not be liable for any damage or loss caused by the contents of this message and the sender shall take full responsibility thereof in his / her personal capacity.

11. General

11.1 Entire agreement. These website terms and conditions constitute the sole record of the agreement between you and ARC in relation to your use of the website. Neither you nor the ARC shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ARC in respect of your use of the website.

11.2 Alteration. The ARC may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

11.3 Conflict. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

11.4 Waiver. No indulgence or extension of time which either you or ARC may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

11.5 Cession. The ARC shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

11.6 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

11.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

11.8 Comments or questions. If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us through our service desk (ServiceDesk@arc.agric.za, 08004270000).

South African Promotion of Access to Information Act, 2000 [pdf]

This Act is intended to give effect to the constitutional right of access to information held by the State and by private bodies. The manual available below is to facilitate requests for access to recorded information of the company.

(Last updated: September 2014)

Copyright and all intellectual property rights in all materials, texts, images, drawings and data (and any component thereof) made available on this website (collectively 'materials') are owned by ARC alternatively, ARC is the lawful user thereof and the materials are protected by both South African and international intellectual property laws.

To the extent possible, ARC hereby gives you permission to retrieve, store, cite or refer to or print material from this website.

You are not permitted to re-produce, re-transmit, distribute, disseminate, publish, perform, broadcast, make an adaptation of, sell, let, offer, expose or hire any copy of the materials without the prior written permission of the ARC.