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Terms of use - website disclaimer

  1. Use and copyright

    1. Use of this website and any services, content or applications contained within or offered is at the sole risk of the user.
    2. Users may view, copy, download to a local drive, print and distribute the content of this website, or any apart thereof for non-commercial, informational or reference purpose only. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
    3. Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained through the 'National and International stakeholders' contact us page. Any production and/or copy of the content or portion thereof for commercial purposes must include the following copyright notice in its entirety:' © 2017 e-Skills Institute, Department of Communications, Government of the Republic of South Africa. All rights reserved.'
    4. All morals rights and any other rights of the e-Skills Institute and the Department of Communications (or other legal entity in respect of which content is contained on the site) not expressly granted are reserved.
  2. Disclaimers & indemnities

    1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
    2. It is the sole responsibility of the user to satisfy him or herself prior to accessing this website that the website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
    3. This entire website, including text, images, links, downloads and coding, is provided "as is" and "as available". The department makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.
    4. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the e-Skills Institute and the Department of Communications or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
    5. The use of the content of this website is at the user's own risk.
      1. The user assumes full responsibility and risk of loss resulting from the use of the content of this site.
      2. The e-Skills Institute and the Department of Communications or any of the legal entitites in respect of which information is contained on this site, or employees of the e-Skills Institute and the Department of Communications or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including, without limitation,negligence), or otherwise, relating to the use of this document or information.
      3. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 and to the fullest extent possible under law, the e-Skills Institute and the Department of Communications shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use, or reasonable reliance upon this website or the services or content provided from and through this website.
      4. Even though the e-Skills Institute and the Department of Communications takes reasonable steps to ensure that this site is virus free, no warranty (whether express or implied) is given that tany information downloaded from this site is virus free.
    6. Users agree to indemnify and hold harmless the e-Skills Institute and the Department of Communications, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affilliates from any demand, action or application or other proceedings (including for attorney's fees and relateed costs such as tracing fees) made by any third party and arising out of or in connection with the user's use of or inability to use this website, third party websites or any of the services offered through such sites in any way, including but not limited to the provision of content.
    7. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue apply.
  3. Receipt and sending of data messages

    1. Data messages, including email messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to in writing.
    2. If a user does not receive a response within a reasonable period of time, the user should follow it up with the e-Skills Institute and the Department of Communicatins. The e-Skills Institute and the Department of Communications shall not be liable for any failure to respond.
    3. An agreement concluded between the e-Skills Institute and the Department of Communications and a user by means of data messages is deemed to be concluded at the time the acceptance of the offe exists the Department's information system and is deemed to be concluded in Pretoria, South Africa.
    4. Time, place, dispatch and receipt of data messages including the information and availability and validity of Agreements is subject to the South African Government Conditions of Contract and if not specifically governed herein, sections 22 to 26 of the Electronic Communications and Transactions Act apply.
  4. Security

    1. The e-Skills Institute and the Department of Communications has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction.
    2. 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 e-Skills Institute and the Department of Communications or public bodies that may receive such informatin from the e-Skills Institute and the Department of Communications.
    3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website and the user's attention is drawn to the offenses and penalties in Chapter XIII of the Electronic Communications and Transactions Act. If a person delivers or attempt to deliver any unauthorised, damaging and malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the e-Skills Institute and the Department of Commnications or any public body should suffer any damage or loss, civil damages will be claimed.
  5. Monitoring and interception of data messages

    1. In order to provide a relevant and secure service, and where required to do so under law, the e-Skills Institute and the Department of Communications may monitor and/or intercept electronic communications, such as email, which are sent to this website.
    2. To the full extent necessary under law, the user acknowledges that he or she is aware of such potential monitoring and/or interception and consents to this.
  6. Confidentiality of data messages

    1. The e-Skills Institute and the Department of Communications does not wish to receive confidential or proprietary information from users through this website.
    2. Please note that any information or material sent to the e-Skills Institute and the Department of Communications will be deemed NOT to be confidential.
    3. By sending the e-Skills Institute and the Department of Communications any information or material, users grant the e-Skills Institute and the Department an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that the e-Skills Institute and the Department is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.
  7. Links to third party or external sites

    1. The e-Skills Institute and the Department of Communications may provide links to other websites only as a convenience and the inclusion of any link does not imply the endorsement of such sites.
    2. Linked websites or pages are not subject to the control of the e-Skills Institute and the Department.
    3. When users select a link to a third party website, they are leaving the e-Skills Institute and the Department of Communications site and are subject to the privacy and security policies of the owners/sponsors of the third party website.
    4. The e-Skills Institute and the Department of Communications does not control or guarantee the acuracy, relevance, timeliness or completeness of information contained on a linked website.
    5. The e-Skills Institute and the Department of Communications does not endorse the organisations sponsoring linked websites, and does not endorse the views expressed or the product/services the offer.
    6. The e-Skills Institute and the Department of Communications cannot authorise the use of copyrighted materials contained in linked websites. Users must request such authorisation from the sponsor of the linked website.
    7. The e-Skills Institute and the Department of Communications is not responsible for transmissions of users receive from linked websites.
    8. Certain links in the web server lead to resources maintained by third parties over whom the e-Skills Institute and the Department of Communications has no control. The e-Skills Institute and the Department of Communications makes no representations or warranties as to the accuracy of, or any other relating to, those resources and is not responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or resource or any links contained in a linked website or resource.
  8. Intellectual property rights

    1. All content, data and trademarks, including, but not limited to, software, technology, database, know-how, text, graphics, icons, hyperlinks, private information, designs, programs, publication, product, process, or idea described in this website may be subject of rights, including other intellectual property rights, which are the property of or licensed to the e-Skills Institute and the Department of Communications, or legal entity, and as such are protected from infrigement under South African law,international treaties and conventions.
    2. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressely reserved and by accessing data on this website the user is not licensed, authorised or granted any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the content.
    3. Third party websites are welcome to link to the information that is hosted on these pages. Please notify uus when establishing a link by e-maling 'National and International stakeholders' on the contact us page.
    4. 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 approval of the e-Skills Institute and the Department of Communications.
  9. Automated searching

    1. Automated transactions and searches are subject to these terms and conditions.
    2. The use of malicious search technology is prohibited.
    3. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
    4. Search technology which does not unduly retard the operation of this website is acceptable bu the websites owner reserves the right to prohibit any specific entity from employing search technology on the website.
  10. Applicable law

    1. This website is owned, hosted and maintained within the Republic of South Africa.
    2. When using this site and agreeing to these 'Terms and Conditions of Use' such use and agreement is deemed to have taken place in Pretoria, South Africa.
    3. This website is controlled, operated and administered by the e-Skills Institute and the Department of Communicatins from its national offices in South Africa. The e-Skills Institute and the Department of Communications makes no representatin that the content is appropriate or avaialble for use in other locations or countries. Access to the website from territories or countries where the content is illegal is prohibited. The user may not use this website in violation of South African law. If the user accesses this website from location outside South Africa, that user is responsible for compliance with all local laws. The laws of the Republic of South Africa shall govern these 'Terms and Conditions of Use', and the user consents to the jurisdiction of the High Court of South Africa (Transvaal Provincial Division) in the event of any dispute.
  11. Privacy policy

    1. Voluntary privacy principles

      1. The e-Skills Institute and the Department of Communications website subscribes to and complies with the voluntary privacy principles contained in the Electronic Communications and Transactions Act 25 of 2002.
      2. The privacy policy applies to the e-Skills Institute and the Department of Communications and any legal entity, which controls, verifies or makes use of information that may be collected via this site.
    2. Collection of personal data

      1. The e-Skills Institute and the Department of Communications undertakes to obtain thewiritten permission of the user for the collection, collation, processing or disclosure of anny personal information on the user unless the e-Skills Institute and the Department of Communications is not permitted or required to do so by law. Where personal information (such as name, telephone number and email address) is submitted to the site by the user, for example through sending an email, subscribing to a service or filling in required fields, the following principles are observed in the handling of that information;
      2. This website collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which the information is collected is apparent from the context in which it is requested.
      3. This website will not use the personal information submitted for any other purpose other than the efficient provision of services, including this website and services offered through it by third parties, without obtaining the prior written approval of the user or unless permitted or required to do so by law.
      4. This website will keep records of all personall information collected and the specific purpose for which it was collected for a period of atleast one year from the date on which it was last used.
      5. This website will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the website is required or permitted to do so by law.
      6. If information is released with the user's consent this website will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of one year.
      7. This website will destroy or delete any personal information under its control that has become obsolete.
      8. Note that, as permitted by the Electronic Communications and Transactions Act, this website may use personal information collected to compile profiles for statistical purposes. No information contained inthe profiles or statistics will be able to be linked to any specific user.
    3. Collection of anonymous data

      1. In order to provide the best possible and most relevant service, this website may use standard technology such as cookies or web beacons to collect information about the use of this site. This technology is not able to identify individual users but simply allows this website to collect statistics.
      2. This website uses session or temporary cookies. A cookie is a small file that is placed on the user's hard drive in order to keep a record of a user's interaction with this website. Session cookies are deleted once the user closes his or her browser.
      3. Cookies from this website allow the website owner to tailor services to your displayed preferences.
      4. Cookies by themselves cannot be used personally identify users but will be used to compile anonymous statistics relating to use of service offered or to provide feedback on the perfomance of this website.
      5. If a user does not wish cookies to be employed to customise his or her interaction with this website it is possible to alter the manner in which their browser handles cookies. Please note that, if this is done, certain services on this website may not be available.
  12. General provisions

    1. In the event of any part of these 'Terms and Conditions of Use' being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this agreement.
    2. These 'Terms and Conditions of Use' contain the record of the entire agreement between the user and the website owner.
    3. Failure to enforce any provision of these 'Terms and Conditions of Use' shall not be deemed a waiver of such provision nor of the right to enforce such provision.
  13. Amendments to content and information

    1. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information set out in this website.
    2. Users acknowledge that it is their responsibility to familiarise themselves with anny amendment or alteration affected.
  14. Updating and maintenance of these terms and conditions

    1. The e-Skills Insitute and the Department of Communications reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time.
    2. The 'Terms and Conditions of Use' at the time the user access the website will govern the rights and obligations of the e-Skills Institute and the Department and Commnunications and the user.
    3. It is the user's obligation to periodically check these terms and conditions of use for changes or updates.
    4. The user's continued use of this website following the posting of changes or updates will be considered notice of the user's acceptance to abide by and be bound by these terms and concitions of use, including such changes or updates.
  15. Website owner details of use

    1. The full name and legal status of the website owner is:
      The e-Skills Institute and the Department of Communications, a National Department of the Government of the Republic of South Africa, as represented by the Minister of Communications.
    2. The contact details are as follows
      The website address of this website is: www.inesi.org
      Postal address: Private Bag, X860, Pretoria, 0001
      Street address: iParioli Office Park, 399 Duncan Street, Hatfield, Pretoria, South Africa
      Telephone contact: +27 12 427 8000
      Fax contact: +27 12 427 8110
      E-mail contact: webmaster
    3. Alf Wiltz
      The Director, Legal
      Telephone contact: +27(0)12 427-8000/8070
      Fax contact: +27(0)12 427-8093
      E-mail contact: alf@doc.gov.za
    4. © 2013, e-Skills Institute, Department of Communications, Government of the Republic of South Africa. All rights reserved.