In terms of SECTION 11 of the ELECTRONIC COMMUNICATIONS
AND
TRANSACTIONS (ECT) ACT 25 of 2002 and the COMMON LAW OF CONTRACT, these
TERMS & CONDITIONS are valid, binding and enforceable against all
persons that access the TechFund Distributors website, webpages
or any part thereof.
If you do not agree to be bound by these TERMS & CONDITIONS you may
not use the TechFund Distributors website. Reasonable use of the
TECHFUND DISTRIBUTORS website shall automatically bind the user to
this agreement.
(i) "the TechFund website" means the TechFund
Distributors website, located at
http://www.techfund.co.za, including any page, part or element thereof;
(ii) "TechFund" means TechFund Distributors.
(iii) "User" means any person who enters or
uses the TechFund web site,
notwithstanding the fact that such a person only visits the home page
of the TechFund website.
(iv) "Client" means any visitor who has
access to the Order Forms of the TechFund web site by clicking on the specific order form headings.
(v) References herein to the singular includes the plural and vice versa.
(vi) Certain pages are subject to their own set of terms and conditions
and such terms and conditions available on the TechFund website are deemed
to be included and part of these terms and conditions. Such pages are:
• All the pages in TechFund's Order Form sections..
1. GENERAL
TechFund Distributors represents people from all walks of life with
the desire to know more about TechFund and GS Custom's premium grade bullets and other high quality products.
2. ALLOWED USE AND LICENSE
2.1 TechFund licences the User/Client to view, save and print the content
of the TechFund website, provided that such content is used for private,
personal and non-commercial purposes only or to view, save and print this
agreement for legal and/or evidential purposes as detailed in section
11(3) of the ECT Act.
2.2 Content from the TechFund website may not be used or exploited by
Users/Clients for any commercial and non-private purposes without the
prior written consent of TechFund.
2.3 Users/Clients may only access, browse and use the TechFund website
for legitimate personal or non-commercial purposes and may not use the
TechFund website or any TechFund services and/or products for:
2.3.1 The creation, storage and sending of unsolicited commercial
communications;
2.3.2 Disclosing, sharing or publishing material that may be offensive,
defamatory, regulated, prohibited, infringing or damaging to any person
and/or lead to a loss of income for TechFund;
2.3.3 Illegal purposes;
2.3.4 Harmful puposes.
2.4 The caching of the TechFund website shall only be allowed if:
2.4.1 The cached content is removed or updated when so required by
TechFund;
2.4.2 The cached content is updated at least every 24 (twenty four)
hours; and
2.4.3 The cached content is not modified in any manner whatsoever.
2.5 If any User/Client uses content from the TechFund website in breach
of the provisions detailed herein:
2.5.1 TechFund reserves the right to claim damages from the
User/Client;
2.5.2 TechFund reserves the right to institute criminal proceedings against
the User/Client; and
2.5.3 TechFund 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/Client or any third party who obtained any content from the User/Client.
2.6 Hyperlinks to the TechFund website from any other source shall be
directed at the home page of the TechFund website. Links beyond the
TechFund home page may only be used with TechFund's prior written consent.
2.7 TechFund 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 TechFund website, if such content, products or services
was accessed through a hyperlink not directed at the home page of the
TechFund website. Persons that wish to link to pages beyond the home
page of the TechFund website without TechFund's prior written consent
shall do so at their own risk and indemnify TechFund against any loss,
liability or damage that may result from the use of such hyperlinks. TechFund's
non-liability for deep linking is based on the fact that deep links bypass
these terms and conditions.
2.8 Users/Clients may quote small and reasonable amounts of content
available from the TechFund website and only if such a quote is placed
in
inverted commas and properly acknowledged.
2.9 No person may, without the prior written consent of TechFund, frame
the TechFund website in any manner whatsoever.
2.10 Apart from bona-fide search engine operators, no person may use or
attempt to use any technology or applications (including web crawlers,
robots, spyware or web spiders) to search, collect or copy content from
the TechFund website for any purpose whatsoever, without the prior written
consent of TechFund.
2.11 E-mail addresses and names published on the TechFund web site may
not be incorporated into any database used for electronic marketing or
similar purposes. No permission is given or should be implied that the
information on the TechFund website may be used to communicate unsolicited
communications to TechFund and all rights detailed in 45 of the ECT Act
are reserved.
2.12 All license and/or permissions granted in terms of this clause 2
are
provided on a non-exclusive and non-transferable basis and may be terminated
or cancelled by TechFund at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the TechFund website, including but
not
limited to content, trademarks (or any confusingly similar trademarks),
logos, pictures, video, downloads, domain names, patents, design elements,
software, source code, meta tags, databases, text, graphics, icons and
hyperlinks are the property of or licensed to TechFund and as such, are
protected from infringement by domestic and international legislation
and treaties. Subject to the rights licensed to the User/Client in clause
2, all other rights to intellectual property on the TechFund website
are expressly reserved.
3.2 No person may use logos, icons or trade marks from the TechFund website as hyperlinks or other purpose without TechFund's prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User/Client to acquire and maintain, at
his/her own expense, the necessary computer hardware, software,
communication lines and Internet access accounts required to access the
Internet and the TechFund website and/or download content from the
TechFund website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT
ACT
These terms and conditions as well as product and/or service specific
terms and conditions govern the sale of goods and/or provision of services
from or through the TechFund website.
Access to the services, software and content available from the TechFund
website may be classified as "electronic transactions" as defined
in terms of the ECT Act and therefore Users/Clients have the rights detailed
in Chapter 7 of the ECT Act and TechFund has, amongst others, the duty
to disclose the following information:
5.1 The full name and legal status of the website
owner: TechFund Investors' Club, a privately owned business.
5.2 Owners: J Geldenhuys BComm (Econ.),
5.3 Street address: 1 Sovereign Street,
Roodepoort, SA.
5.4 Postal address: Postnet Suite 240, Private
Bag X7260, Witbank, 1035.
5.5 Physical address for receipt of legal service:
1 Sovereign Street, Roodepoort.
5.6 Main business: Sales of bullets, brass cases and other related products.
5.7 The website address of the TechFund website
is:
http://www.techfund.co.za
5.8 The official e-mail address of the TechFund
web site is:
bullets@techfund.co.za
5.9 Management: J Geldenhuys.
5.10 Description of services and/or goods:
Subscriptions offered free of charge to
Users/Clients for services rendered exclusively by TechFund as well as intermediate
contact provided with specific suppliers of goods.
5.11 The costs associated with the access and use
of contents and/or
services:
5.11.1 No monthly subscription fee is charged for all Users/Clients.
5.11.2 Cost of goods on offer are available on the different Order Forms of the TechFund website.
5.12 Manner of payment: Cash deposits directly into TechFund's bank account or electronic fund transfers (EFT) to same bank account as specified on invoices.
6. CHANGES AND AMENDMENTS
TechFund reserves the right, in its sole and absolute discretion, to do
any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the TechFund website;
6.3 discontinue any aspect of the TechFund web site or service(s)
available from the TechFund website; and/or
6.4 change the software and hardware required to access and use the
TechFund website.
7. PRIVACY
7.1 TechFund shall take all reasonable steps to protect the personal
information of Users/Clients and for the purpose of this clause, "personal
information" shall be defined as detailed in the Promotion of Access
to Information Act 2 of 2000 (PAIA).
7.2 TechFund may electronically collect, store and use the following personal
information of Users/Clients:
7.2.1 name and surname;
7.2.2 area code;
7.2.3 contact numbers;
7.2.4 e-mail address;
7.2.5 postal and residential addresses;
7.2.6 IP address; and/or
7.2.7 non-personal browsing habits and click patterns.
7.3 TechFund collects, stores and uses the abovementioned information
for the following purposes:
7.3.1 Communicate requested information to the User/Client;
7.3.2 Provide services to the User/Client as requested by the
User/Client;
7.3.3 Authenticate the User/Client;
7.3.4 Provide the User/Client with access to restricted pages on this
website if and when such pages may be introduced; and
7.3.5 Compile non-personal statistical information about browsing habits,
click-patterns and access to the TechFund website.
7.4 Information detailed above is collected either electronically by using
cookies or is provided voluntarily by the User/Client. Users/Clients 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/Client information for website.
7.5 TechFund may collect, maintain, save, compile, share and disclose
any information collected from Users/Clients, subject to the following
provisions:
7.5.1 TechFund shall not disclose personal information from Clients
unless the User/Client consents thereto;
7.5.2 TechFund shall disclose personal information without the User's/Client's
consent only through due legal process; and
7.5.3 TechFund may compile, use and share any information that does not
relate to any specific individual.
7.6 TechFund owns and retains all rights to non-personal statistical
information collected and compiled by the TechFund website.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 TechFund may provide hyperlinks to websites not controlled by
TechFund ("target sites") and such hyperlinks do not imply any
endorsement, agreement on or support of the content, products and/or services
of such target sites.
8.2 TechFund does not editorially control the content, products and/or
services on target sites and shall not be liable, in any manner whatsoever,
for the access to, inability to access, use, inability to use or content
available on or through target sites.
9. SECURITY
9.1 TechFund shall take all reasonable steps to secure the content of
the
TechFund website and the information provided by and collected from
Users/Clients from unauthorised access and/or disclosure. However,
TechFund does not make any warranties or representations that content
shall be 100% safe or secure.
9.2 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act
and the requirements for a valid electronic invoice issued by the South
African Revenue Service from time to time, if applicable, TechFund is
under no legal duty to encrypt any content or communications from and
to Users/Clients and is also under no legal duty to provide digital authentication
of any pages on the TechFund website.
9.3 Users/Clients may not deliver or attempt to deliver, whether on
purpose or negligently, any damaging code, such as computer viruses, robots
or spyware, to the TechFund website or the server and computer network
that support the TechFund website.
9.4 Notwithstanding criminal prosecution, any person who delivers or
attempts to deliver any damaging code to the TechFund website, whether
on purpose or negligently, shall, without any limitation, indemnify and
hold TechFund harmless against any and all liabilities, damages, risks
and losses that Techfund and its partners/affiliates/associates may suffer
as a result of such delivery, attempt or damaging code.
9.5 Users/Clients may not develop, distribute or use any device or
programme designed to breach or overcome the security measures of the
restricted pages, products and services on the TechFund website and TechFund
reserves the right to claim damages from any and all persons involved,
directly and indirectly, in the development, use and distribution of such
devices or programmes.
9.6 Users/Clients who commit any of the offences datailed in sections
85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be
liable for all resulting liabilities, losses, destruction or damages suffered
and/or incurred by TechFund and its partners/affiliates/associates due
to or related to these illegal actions.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT
Act, if applicable, and as far as allowed by law, TechFund (including
its owners,
employees, suppliers, Internet service providers, partners, affiliates,
associates and agents) shall not be liable for any damage, loss or liability
of any nature incurred by whomever and resulting from:
10.1.1 access to the TechFund website;
10.1.2 access to websites linked to the TechFund website;
10.1.3 inability to access to the TechFund website
10.1.4 inability to access to websites linked to the TechFund website;
10.1.5 content available on the TechFund website;
10.1.6 services available from the TechFund website;
10.1.7 products available from the TechFund website;
10.1.8 downloads and use of content from the TechFund website; and/or
10.1.9 any other reason not directly related to TechFund's gross
negligence.
10.2 TechFund's website is supplied on an "as is" basis and
has not been
compiled to meet the User's/Client's individual requirements. It is the
responsibility of the User/Client to satisfy himself or herself, prior
to entering into this agreement with TechFund, that the content available
from and through the TechFund website meet the User's/Client's individual
requirements and is compatible with the User's/Client's computer hardware
and/or software.
10.3 Information, ideas and opinions expressed on the TechFund website
should not be regarded as the only professional advice or the official
opinion of TechFund, unless clearly stated as such, and Users/Clients
are encouraged to consult other professionals for advice before taking
any course of action related to the information, ideas or opinions expressed
on the TechFund website.
10.4 TechFund does not make any warranties or representation that content
and services available from the TechFund website shall in all cases be
true, correct or free from any errors. TechFund shall take all reasonable
steps to ensure the quality and accuracy of content available from the
TechFund website.
10.5 TechFund does not make any warranties or representations that the
TechFund website will be available at all times. Users/Clients acknowledge
that the TechFund website may be unavailable due to updates or other
causes beyond the reasonable control of TechFund, including, but not limited
to virus infection, unauthorised access (hacking), power failure, communication
line failures or other "acts of God".
11. REMOVAL AND CORRECTION OF CONTENT
Users/Clients are encouraged to report untrue, inaccurate, defamatory,
illegal, infringing and/or harmful content available from the TechFund
website to TechFund and TechFund undertakes to correct and/or remove
such content or any part thereof if the person reporting such content
provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of
Communications (RIC) Act 70 of 2004, the User/Client agrees to TechFund's
right to intercept, block, filter, read, delete, disclose and use all
communications (including all "data messages") as defined in
the ECT Act send or posted by the User/Client to the TechFund website,
its staff and employees.
12.2 The User/Client agrees and ackowledges that the consent provided
by the User/Client in clause 12.1 satifies the "writng" requirement
as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between
TechFund and the User/Client and shall take precedent over any disclaimers
and/or legal notices attached to any communications and/or postings received
by TechFund from the User/Client.
13.2 Any failure by TechFund to exercise or enforce any right or provision
shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found
unenforceable or invalid for any reason, such term(s) or condition(s)
shall be severable from the remaining terms and conditions. The remaining
terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User/Client and TechFund agree that:
14.1 the User/Client shall be bound to these terms and conditions and
such agreement is concluded in Witbank (South Africa) at the time the
User/Client enters the TechFund website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User/Client
to TechFund shall only be deemed to have been received if and when responded
to or when receipt is acknowledged. Notwithstanding section 23(1)(b) of
the ECT Act, TechFund shall not be deemed to have received a data message
if such data messages are blocked and/or filtered and/or destroyed by
TechFund's content filtering and virus security systems;
14.3 data messages (as defined in the ECT Act) addressed to the
User/Client by TechFund shall be deemed to be rceived by the User/Client
as detailed in section 23(1)(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed to the
User/Client by TechFund shall be deemed to be sent from the location(s)
as detailed in section 23(1)(c) of the ECT Act;
14.5 data messages (as defined in the ECT Act) addressed by the
User/Client to TechFund shall be deemed to have been created and sent
by the User/Client from within the geographical boundaries of South Africa;
and
14.6 electronic signatures, encryption and/or authentication are not required
for valid electronic communications between the User/Client and TechFund.
15. APPLICABLE AND GOVERNING LAW
The TechFund website is hosted, controlled and operated from the Republic
of South Africa and therefore, subject to clause 5.22, the South African
law enforced by the South African courts governs the use or inability
to use the TechFund website, its content, services, products and these
terms and conditions.
16. LEGAL COSTS
TechFund shall not be liable for costs incurred by Users/Clients to obtain
professional advice relating to these terms and conditions.