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2011
Definitions:
IMBEWU – IMBEWU Sustainability Legal Specialists (Pty) Ltd, Registration number:
2000/025124/07.
The Subscriber – Any natural or juristic person accessing any
information contained on this website.
Terms:
The Subscriber acknowledges that these Terms and Conditions constitute an
agreement between IMBEWU and the Subscriber and that they apply in addition to
the terms and conditions of any agreement that the Subscriber (or his/her
employer) has entered into with IMBEWU relating to the specific work completed
by, or to be completed by IMBEWU for the Subscriber (or his/her employer). In
the event of any conflict between these Terms and Conditions and the terms and
conditions of any other agreement that the Subscriber (or his/her employer) has
entered into with IMBEWU, these Terms and Conditions shall apply.
1 All information of whatever nature,
whether printed, electronic, typed, written or oral, accessed on this web site
and supplied by IMBEWU is so supplied by IMBEWU in the strictest confidence for
the personal use of the Subscriber, and shall be used for no other purpose
whatever without the prior written consent of IMBEWU. The information so
supplied:
1.1 is STRICTLY
CONFIDENTIAL and shall not be divulged to third parties; and,
1.2 is
hereinafter referred to as the "on-line information".
2 Whilst IMBEWU undertakes to employ
reasonable endeavours that are within its power to ensure the Subscriber has
reasonable access to such on-line information, IMBEWU does not guarantee the
quality and quantity of such access neither does it accept any responsibility
for the quality of the Subscriber’s Internet access and functionality. The
Subscriber acknowledges that IMBEWU does not provide any computer equipment to
Subscribers or at all.
3 IMBEWU and its directors,
employees, agents, correspondents, accountants or attorneys shall not be liable
for any loss suffered by any person as the result of any action or omission on
the part of IMBEWU, or its directors, employees, agents, correspondents,
accountants or attorneys in procuring, collecting and communicating or failing
to communicate any information to the Subscriber. Whilst IMBEWU undertakes to
use its reasonable endeavours to ensure that the on-line information supplied
is accurate, no liability of whatever nature shall attach to IMBEWU, its
directors, employees agents, correspondents, accountants or attorneys for a
mistake error or omission in the information supplied.
4 The Subscriber specifically acknowledges
and agrees to the following:
4.1 That all on-line information of
whatever nature accessed on this web site is supplied for information purposes
in order to assist the Subscriber with compliance with generally applicable
environmental, health and safety and other legal obligations and is intended
for guidance purposes only.
4.2 That the on-line information
accessed on this web site is not a substitute for legal advice on specific
issues, that it does not necessarily cover all legal obligations, and that it
does not necessarily replace the need for the Subscriber to refer to the
relevant legislation or other relevant documents or to seek relevant legal
advice.
4.3 That, although the on-line
information accessed on this web site has been compiled from sources that are
believed to be reliable, IMBEWU makes no guarantees as to, and assumes no
liability for, the accuracy or completeness of such information.
4.4 That the on-line information
supplied by IMBEWU on this web site is published/made available for information
purposes and that any action taken by the Subscriber pursuant to such on-line
information, is taken at the sole risk of the Subscriber.
4.5 That the Subscriber expressly
waives and renounces all his/her/its rights of whatever nature that he/she/it
may have against IMBEWU and its directors, employees, agents, correspondents,
accountants or attorneys, for any loss suffered by the Subscriber as a result
of any information supplied by IMBEWU on this web site being incorrect,
incomplete or inaccurate or otherwise arising from the reliance by the
Subscriber on the information accessed on this web site.
4.6 That the Subscriber
shall ensure that any other party, in any way affiliated to the Subscriber
(including parent companies, subsidiaries, employees, employers, or directors),
that may suffer any loss or other adverse consequences of whatever nature as a
result of the Subscriber in any way relying on any information contained on
this web site, is aware of these Terms and Conditions and is also bound by the
waiver contained in clause 4.5 above.
5 Any on-line information provided on this
web site shall in no way be construed as IMBEWU’s opinion on the solvency,
financial standing, integrity or motives of any Subscriber or any other party,
but merely reflects an analysis of certain information compiled by IMBEWU from
information supplied by the Subscriber and various other sources.
6 The Subscriber indemnifies IMBEWU and its
directors, employees, agents, correspondents, accountants or attorneys against
any loss of whatever nature that IMBEWU and its directors, employees, agents,
correspondents, accountants or attorneys may suffer as a result of a breach by
the Subscriber of any of these terms and conditions.
7 Where the Subscriber is entitled and/or
required to provide IMBEWU with information pertinent to the on-line
information hosted or to be hosted on this web site, the Subscriber undertakes
to supply IMBEWU with such information in writing in a reasonable format and
within 10 working (ten) days prior to the date on which IMBEWU is due to
complete the work in terms of any other agreement with the Subscriber. At its
sole discretion, IMBEWU reserves the right to determine whether the
Subscriber’s information is relevant and appropriate and should be included on
the web site or not.
8 The Subscriber specifically acknowledges
and agrees to the following:
8.1 That IMBEWU is required to
supply the information to be accessed on this site to IT Consultants and/or Software
providers so that the on-line information may be prepared, formatted and hosted
on this site.
8.2 That IMBEWU
shall not be liable to the Subscriber or to any other party for negligence,
fraud, undue delays and/or the failure of the IT Consultants or Software providers to fulfil its
contractual duties to IMBEWU.
8.3 That IMBEWU shall
not be liable to the Subscriber or to any third party for any loss or other
adverse consequences of whatever nature to the Subscriber or to any other party
arising from any breach of the access control and security systems put in place to protect the confidentiality of the on-line information
relevant to the Subscriber or to any third party that is contained on this web
site.
8.4 That IMBEWU
undertakes to employ reasonable steps to ensure that the IT Consultants and Software providers complies
with their contractual obligations to IMBEWU.
9 Subject to clauses 9.1 to 9.5,
IMBEWU shall provide the Subscriber with the on-line services on this web site
as agreed with the Subscriber (or his/her employer) for the minimum period and
at the costs stipulated in any other agreement that the Subscriber (or his/her
employer) has entered into with IMBEWU.
9.1 In the
absence of any specific minimum period being stipulated in any such other
agreement, IMBEWU shall provide the Subscriber (or his/her employer) with the
on-line services on this web site for a minimum period of six months after such
other agreement between the Subscriber (or his/her employer) was entered into,
and the Subscriber (or his/her employer) shall in that period pay for the
on-line services as agreed, after which minimum period either party may
terminate this agreement in accordance with clause 9.3 below.
9.2 All costs as
agreed with the Subscriber (or his/her employer) for providing the Subscriber
(or his/her employer) with the on-line services on this web site shall be
subject to annual renegotiation and variation, unless otherwise agreed in
writing between the parties.
9.3 After the
minimum period stipulated in clause 9.1 above has passed, IMBEWU or the
Subscriber may terminate this or any other relevant agreement between the
parties regarding the use of the on-line services on this web site on two
months written notice to the other party.
9.4 If any
payment due for the use of the on-line services on this web site is not
received within 30 days of being due, IMBEWU may at its discretion suspend or
terminate the access by the Subscriber to this web site.
9.5 Should a
Subscriber cease to be in the employ of any other Subscriber who is responsible
for the payment to IMBEWU for the use of the on-line services on this web site,
that person shall thereafter make no further attempt to access this web site
using the relevant access information provided by IMBEWU to his/her former
employer. Any such access shall result in that person being subject to civil
action by IMBEWU.
10 These Terms and Conditions shall, where relevant,
also apply to any other information of whatever nature, whether printed,
electronic, typed, written or oral, provided to the Subscriber by IMBEWU, which
is based on the on-line information contained on this web site. For the
avoidance of any doubt, this shall include any printed or electronic copies of
any on-line information that is hosted on this web site, provided to the
Subscriber by IMBEWU. These Terms and Conditions shall, where relevant, also
apply to any printed or electronic copies of any information previously
prepared by IMBEWU for the Subscriber that are added to this web site by
subsequent agreement with the Subscriber.
11 These Terms and Conditions may be
amended from time to time by IMBEWU after written notification to the
Subscriber (or his/her employer).
2011
Should you wish to discuss the various options for a Legal Register for your
operation, please contact Alistair Young on 011-214 0660/1 or at
alistair@imbewu.co.za. Please see further details on IMBEWU at our
company website http://www.imbewu.co.za
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