ACCEPTABLE USAGE POLICY (AUP)
For the purposes of clarity, “Clients” shall include website visitors, viewers, users, subscribers, staff members, affiliates, advertisers or customers, collectively referred to herein as “Clients,” and are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
By contracting with us for services, you agree, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with the services/website.
The purpose of this AUP is:
This document contains a number of legal obligations which you will be presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at legal [at] sheqafrica.co.za. SABizonline.net respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our Constitution.
Clients are responsible for any misuse of SABizonline.net’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse SABizonline.net’s service. SABizonline.net urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and SABizonline.net cannot be held liable for the Client being placed on any bulk mailing lists as a result.
Where the client has authorised a minor to use any of the SABizonline.net’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.
SABizonline.net’s services may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes, but is not limited to:
SPAM AND UNSOLICITED BULK MAIL
Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. SABizonline.net regards all unsolicited bulk email as spam, with the following exceptions:
In essence, SABizonline.net believes that clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
SABizonline.net will take swift and firm action against any user engaging in any of the following unacceptable practices:
NEWSLETTER TERMS OF SUBSCRIPTION
SABizonline.net provides weekly or monthly newsletters to subscribers. The mailing list for these newsletters are used exclusively by SABizonline.net and its affiliates and partners.
Under no circumstances will SABizonline.net make the mailing list information available, either directly or indirectly, to other parties, save for third party bulk mail providers, such as MailChimp, Constant Contact, or other service providers elected from time to time.
THREATS TO NETWORK SECURITY
Any activity which threatens the functioning, security and/or integrity of SABizonline.net’s network is unacceptable. This includes:
PUBLIC SPACE AND THIRD PARTY CONTENT AND SITES
You acknowledge that SABizonline.net has no power to control content passing over the Internet, its facilities and its applications, including email; chat rooms; news groups; or other similar forums, and that SABizonline.net cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
Our services also offer access to numerous third party web pages. You acknowledge that we exercise absolutely no control over such third party content or sites nor are we obliged to monitor our network: our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third-party content contained on or accessible through the SABizonline.net network websites and web pages or sites displayed as search results or contained within a directory of links on the SABizonline.net network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.
Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.
SABizonline.net employees do not moderate any of its services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.
Clients who make inappropriate comments on the website, are informed that the comment will be removed without providing reason. Questions asked in the comments window and not in the FAQ’s page, will be deleted and left unanswered.
The FAQ’s Page is designed and provided for the Client’s benefit and participation. It does not express or should be construed to express the views and opinions of any entity or person, other than that of the person or Client who uses the feature.
USERS OUTSIDE OF SOUTH AFRICA
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, SABizonline.net will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using SABizonline.net’s resources, including the provisioning of all personal identifiable data.
SABizonline.net provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that SABizonline.net shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
SABizonline.net reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
WEB BASED EMAIL
Web based email services made available by SABizonline.net are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that SABizonline.net shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of SABizonline.net. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the webmail service or resale of the webmail service is expressly prohibited.
PRIVACY AND CONFIDENTIALITY
Complaints relating to the violation of this AUP should be submitted in writing to firstname.lastname@example.org. Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to our network and services.
Action following breach of the AUP
Upon receipt of a complaint, or having become aware of an incident, SABizonline.net may, in its sole and reasonably exercised discretion take any of the following steps:
Any one or more of the steps listed above, insofar as they are deemed necessary by SABizonline.net, may be taken by SABizonline.net against the offending party. To help ensure that all clients have fair and equal use of the service and to protect the integrity of the network, SABizonline.net reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof. Such steps include but are not limited to:
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which SABizonline.net may, from time to time, revise at its own discretion and without prior notice to the client.
RESERVATION AND NON WAIVER OF RIGHTS
SABizonline.net reserves the right to amend or alter this policy at any time, and without notice to you.
SABizonline.net reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
SABizonline.net reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
SABizonline.net reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
SABizonline.net does not undertake to guarantee the security of any data passing through its networks.
SABizonline.net will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and SABizonline.net cannot be held liable for any loss or damage arising as result of the failure to do so.
SABizonline.net does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should SABizonline.net fail, neglect or elect not to enforce a breach of the AUP at any time.
USE OF INFORMATION FROM THIS WEBSITE
Visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website without express permission.
Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. The Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in or on the site content. Use of website content for any reason is prohibited unless it is done with express permission of the website or via iCopyright authority.
OWNERSHIP OF CONTENT
All Material published on this website before 16 May 2016 is the sole and exclusive property of the Website, unless written agreement determine otherwise. Any Author, Contributor, Editor, past and present, who claims ownership and requires the content to be removed shall do so in writing and the content shall be removed after payment of a fee of ZAR10 000, as the nominal value of the Material at the date stated above.
All Material published on this website after 16 May 2016 is the sole and exclusive property of the Website, unless written agreement determine otherwise. Any Author, Contributor, Editor, past and present, who claims ownership and requires the content to be removed shall do so in writing and the content shall be removed after payment of a fee of ZAR20 000, as the nominal value of the Material at the date stated.
All Material published on this website after 1 June 2017 is the sole and exclusive property of the Website. Any Author or Contributor who claims ownership and requires the content to be removed shall do so in writing and the content shall be removed after payment of a fee of ZAR5 000, as the nominal value of the Material at the date stated.
This clause shall not apply to advertorial or interview categories.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
No one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information. You have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS.
The visitor assumes all risk of viruses, worms or other corrupting factors. The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.
Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, the viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction shall be Cape Town, in South Africa.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the Republic of South Africa.
For further information, please use the contact form on this website.