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.
Copyright notice: ©
2014 ARC. All rights reserved.
(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.