Terms and Conditions

Website Usage Terms and Conditions

Acceptable Usage Terms

1 Introduction

1.1 By accessing the BCX website, web pages or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and privacy statement of BCX when accessing the website.

2 Definitions

2.1 “Website” means www.bcx.co.za, operated and owned by BCX, including any page, part of element thereof;

2.2 “BCX” means BCX a company duly registered in terms of the South African Company Laws with registration number 1993/003683/07, including its subsidiaries, shareholders and business units; and

2.3 “User” means any person who accesses or uses the BCX website, notwithstanding that such a person only visits the BCX website home page.

3 Acceptable Use

3.1 This website is intended to provide the User only with information regarding BCX and the services it offers. BCX does not warrant the accuracy or correctness of any information published herein and shall not be liable for any losses pursuant thereto.

3.2 Content from the BCX website may not be used or exploited by Users for any commercial and non-private purposes without prior written consent of BCX, which consent BCX may withhold at its sole and absolute discretion. Users may not use the BCX website for:

3.3.1 illegal purposes; 3.3.2 harmful purposes; and 3.3.3 The creation, storage and sending of unsolicited commercial communications.

3.4 Should any User use content from the BCX website in breach of the provisions detailed herein, BCX:

3.4.1 reserves the right to claim damages from the User; 3.4.2 reserves the right to institute criminal proceedings against the User; and 3.4.3 shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who may have obtained consent from the User.

3.5 Hyperlinks to the BCX website from any other source shall be directed at the home page of the BCX website. Links beyond the BCX home page may only be used with BCX’s prior written consent;

3.6 BCX shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the BCX website, if such content, products or services was accessed through a hyperlink not directed at the home page of the BCX website. Persons that wish to link to pages beyond the home page of the BCX website without BCX’s prior written consent shall do so at their own risk and indemnify BCX against any loss, liability or damage that may result from the use of such hyperlinks. BCX’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;

3.7 Apart from bona-fide search engine operators and use of the search facility provided on the BCX website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the BCX website for any purpose whatsoever, without the prior written consent of BCX. No modification and/or reverse engineering whatsoever of any content of this website is permitted; and

3.8 E-mail addresses, names, telephone numbers and fax numbers published on the BCX website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the BCX website may be used to communicate unsolicited communications to BCX and all rights detailed in section 45 of the ECT Act.

4 Changes to these terms of use

4.1 BCX may revise and update these Terms of Use at any time in its sole discretion without notice to the User and the User’s continued usage of the Website after any changes to these Terms of Use shall mean the User accepts those changes.

5 Intellectual Property Rights

5.1 All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, logos, hyperlinks, private information, and designs are the property of and or/ licensed to, BCX, and as such, are protected from infringement by domestic and international legislation and treaties. Intellectual property on this site are expressly reserved.

6 Electronic Communications

6.1 By using this web site or communicating with BCX by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing” as per the definition contained in the Electronic Communications and Transactions Act 2002.

7 Changes and Amendments

7.1 BCX expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice or justification; and

7.2 BCX reserves the right to change and amend without further notice the information quoted as well as the terms and conditions on this website.

8 Privacy Policy and conditions for lawful processing of personal information according to Chapter 3 of the Protection of Personal Information Act 4 of 2013

8.1 BCX shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (”POPI”).

8.2 BCX may collect, store and use the following personal information of Users:

8.2.1 Name and surname 8.2.2 Identity number 8.2.3 BCX account number 8.2.4 Street and postal address 8.2.5 Contact numbers 8.2.6 Non-personal browsing habits and click patterns 8.2.7 E-mail address; and 8.2.8 IP address

8.3 BCX collects, stores and uses the abovementioned information for the following purposes:

8.3.1 to communicate requested information to the User; 8.3.2 to provide services to the User as requested by the User; 8.3.3 to authenticate the User; 8.3.4 to provide the User with access to restricted pages on this website; and 8.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the BCX website.

8.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save User information for web site. Cookies ensure that BCX is able to continually improve its website. We utilise “first party cookies” (originating from us) to simply track the User’s visits between sessions and deliver a more personalised experience. We also utilise “third party cookies” (not originating from us) to provide traffic analysis and tracking.

8.4.1 BCX may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:

8.4.2 BCX shall not disclose personal information from Users unless the User consents thereto;

8.4.3 BCX shall disclose personal information without the User’s consent only through due legal process; and

8.4.4 BCX may compile, use and share any information that does not relate to any specific individual.

8.4.5 BCX owns and retains all rights to non-personal statistical information collected and compiled by the BCX;

8.4.6 This clause serves as a notification to the User to be aware that BCX will be collecting the above mentioned personal information;

8.5 Information Sharing and Disclosure

8.5.1 BCX sends personally identifiable information about the User to other companies or people when: we have the User’s consent to share the information; or it is appropriate to comply with law.

8.6 By using this website, the User consents to the following: 8.6.1 BCX and its commercial partners may use the Users’ personal information to communicate with the User from time to time. Users unsubscribe if they do not wish to receive such communications with express notification;

8.6.2 BCX may use the User’s information for general and particular statistical purposes.

9 Agreements in Terms of Section 21 of the Electronic and Communications and Transaction Act

9.1. No information or data on this web site constitutes an offer to do business, but is merely an invitation to do business.

9.2. No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements will require a written acceptance of a written offer by BCX.

9.3. No e-mail message shall be deemed to have been received by BCX until a response has been issued from BCX. An automated response, from BCX, shall not satisfy this requirement.

10 Searching Technology

10.1 The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted, if such technology will result in slowing down this web site’s server or copyright infringement of any data and information available from this web site.

11 Links to Third Party Sites

11.1 BCX may provide links to other web sites only as a convenience to the User and the inclusion of any link does not imply Business Connexion’s endorsement of such sites.

11.2 Linked web sites or pages are not subject to the control of BCX. BCX 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 web sites or any links contained in a linked web site.

12 Security of Information

12.1 BCX shall take all reasonable steps to secure a User’s information.

12.2 Users undertake not to divulge their User name and passwords to any other person.

12.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site.

12.4 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the BCX website or the server and computer network that support the BCX website.

12.5 Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that BCX should suffer any damage or loss, civil damages will be claimed.

13. Disclaimer and limitation of liability

13.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, BCX shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, BCX makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free.

13.2 This web site is supplied on an “as is” basis to the extent permitted by law, and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy him or herself, prior to entering into this agreement with BCX, that the service available from and through this web site will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.

13.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of BCX.

13.4 Neither BCX nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any information and/or services on this web site.

14. Offensive e-mail content

14.1 Our employees and other Users of the BCX e-mail system are subject to policies that prohibit:

14.1.1. the obscuring, suppressing, or replacing another User’s identity on an e-mail (pretending to be someone else); 14.1.2. the use of BCX’s information and communications systems for the exercise of the employee’s right to free speech; 14.1.3. sexual, religious, political and racial harassment; 14.1.4. profanity, obscene, offensive, derogatory or defamatory remarks; and 14.1.5. otherwise unlawful communication via e-mail.

14.2. Accordingly, if an e-mail sent by a BCX User breaches any of these provisions, that e-mail is sent in that person’s personal capacity and BCX is not liable for such messages. BCX will take appropriate disciplinary action against any person breaching these provisions and the User can report any such breach to Palesa.Madumo@bcx.co.za.

15. Severability

15.1. These Terms and Conditions of Use constitute the entire agreement between BCX and the User of this web site. Any failure by BCX 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.

15.2. In the event that any term or condition of the use of this web site 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.

16. Applicable and Governing Law

16.1. This web site is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use this web site and these terms and conditions.

17. Domicilium Citandi Et Executandi

17.1. If the User has any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact BCX at: BCX Park – Block D 789 16th Road Randjespark Midrand Johannesburg Attention: Group Manager Legal Services LegalAdmin-Mail@bcx.co.za Fax: +27 (0) 11 266 5672

18. General

18.1. No indulgence which BCX may grant to the User shall constitute a waiver of, whether by estoppel or otherwise, limit any of the existing or future rights of BCX in terms hereof, save in the event and to the extent that BCX has signed a written document expressly waiving or limiting such right.

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