Website Terms and Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS
THAT ACCESS THE GRAPHIC MINING SOLUTIONS INTERNATIONAL ("GMSI") WEBSITE OR ANY PART THEREOF (THE GMSI
WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE
THE GMSI WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY
BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “GMSI” means Graphic Mining Solutions International (Pty) Ltd, a company duly incorporated in terms of the Companies Act 61 of 1973, and a wholly owned subsidiary of the GijimaAst Group ;
a) “GijimaAst Mining Solutions International” means GMSI;
c) “GMSI website” means the GMSI website located at www.graphicmining.com and includes any part or element thereof, as well as any other website
linked to it of which GMSI is the registered owner of the domain
name;
d) “User” means any person who enters or uses the GMSI website,
notwithstanding the fact that such a person only visited the home page
of the GMSI website;
e) References herein to the singular include the plural and vice versa; andast
f) Notwithstanding the fact that hyperlinks in these terms and
conditions to copyright notices and legislation should be deemed part
of these terms and conditions in terms of section 11 of the ECT Act,
the fact that some or all of the hyperlinks may be non-operational,
shall not play a role in determination of the validity and
interpretation of these terms and conditions.
1. GENERAL
GMSI is a wholly owned subsidiary of the GijimaAst Group, and specialises in delivering software and consulting solutions to the global mining industr.
2. ALLOWED USE AND LICENSE
2.1 GMSI licenses the User to view, download and print the
content of the GMSI website, provided that such content is used
for personal, educational, non-commercial purposes and/or commercial
purposes linked to the business objectives of GMSI only;
2.2 Content from the GMSI website shall not be used or
exploited by Users for any commercial and non-private purposes without
the prior written consent of GMSI;
2.3 Users may only access and use the GMSI website for legal purposes;
2.4 The caching of the GMSI website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the GMSI website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by GMSI.
2.5 If any User uses content from the GMSI website in breach of the provisions detailed herein:
2.5.1GMSI reserves the right to claim damages from the User;
2.5.2 GMSI reserves the right to institute criminal proceedings against the User; and
2.5.3 GMSI 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 obtained any content from
the User.
2.6 Hyperlinks to the GMSI website from any other source shall
be directed at the home page of the GMSI website. GMSI shall
not be liable, in any manner whatsoever, for any damage, loss or
liability that resulted from the use of content from the GMSI
website, if such content was accessed through a hyperlink not directed
at the home page of the GMSI website. Persons that wish to link to
content beyond the home page of the GMSI website shall do so at
their own risk and indemnify GMSI against any loss, liability or
damage that may result from the use of content from the GMSI
website, if such content was accessed through a hyperlink not directed
at the home page of the GMSI website;
2.7 No person may frame the GMSI website, in any manner whatsoever, without the prior written consent of GMSI;
2.8 Apart from bona-fide search engine operators and use of the
search facility provided on the GMSI website by Users, no person
may use or attempt to use any technology or applications (including web
crawlers or web spiders) to search or copy content from the GMSI
website for any purposes, without the prior written consent of
GMSI; and
2.9 All licenses 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 GMSI at any time without giving reasons
therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the GMSI website, including but
not limited to content, trademarks, domain names, patents, design
elements, software, databases, text, graphics, icons and hyperlinks are
the property of or licensed to GMSI and as such, are protected
from infringement by domestic and international legislation and
treaties. Subject to the rights licensed to the User in clause 2, all
other rights to intellectual property on the GMSI website are
expressly reserved.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at
his/her own expense, the computer hardware, software, lines and access
accounts required to access the Internet and the GMSI website
and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads
available from the GMSI website is classified as “electronic
transactions” in terms of the ECT Act and therefore Users have the
rights detailed in Chapter 7 of the ECT Act and GMSI has the duty
to disclose the following information:
5.1 The full name and legal status of the website owner: Graphic Mining Solutions (Pty) Ltd;
5.2 Company Registration Number: 1996/006527/07
;
5.3 VAT registration number: 45301159161;
5.4 Street address: 47 Landmarks Avenue, Kosmosdal, Samrand;
5.5 Postal address: P O Box 10629, Centurion, 0046;
5.6 Physical address for receipt of legal service: 47 Landmarks Avenue, Kosmosdal, Samrand;
5.7 Telephone Number: +27 (0) 12 675 5000
5.8 Board of Directors: Please refer to "About GijimaAst";
5.9 Main business: GMSI is an internationally recognised centre of
excellence, providing innovative, technology-based solutions to the
mining, minerals and metals market. GMSI focuses on
applying the full extent of the ICT skills, technologies and
infrastructure, together with focused manufacturing and mining
engineering offerings, in order to meet client’s technology
requirements.;
5.10 The website address of the GMSI website is: www.graphicmining.com;
5.11 The official e-mail address of the GMSI website is: info.gmsi@gijima.com;
5.12 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.12.1 access to the GMSI website;
5.12.2 the inability to access the GMSI website;
5.12.3 the services and content available from the GMSI website; or
5.12.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of
the Arbitration Foundation of South Africa and such arbitration
proceedings shall be conducted in Johannesburg in English. The
arbitration ruling shall be final and the unsuccessful party shall pay
the costs of the successful party on a scale as between attorney and
own client.
5.13 The costs associated with the access and use of the GMSI website are as follows: Free;
5.13 Cooling-off period: In terms of the operation of section
42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do
not apply to this web site; and
5.14 Users may lodge complaints concerning the GMSI website at info.gmsi@gijima.com Users hereby assign the copyright in such complaints to GMSI and
understand that GMSI may use, disclose and publish such complaints
and is furthermore under no legal duty to answer, resolve or address
such complaints.
6. CHANGES AND AMENDMENTS
GMSI expressly reserves the right, in its sole and absolute
discretion, to do any of the following, at any time without prior
notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the GMSI website;
6.3 discontinue any aspect of the GMSI website or service(s) available from the GMSI website; and/or
6.4 change the software and hardware required to access and use the GMSI website.
7. PRIVACY
7.1 GMSI 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 2 of 2000 (PAIA);
7.2 GMSI may electronically collect, store and use, amongst other, the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 GMSI collects, stores and uses the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about browsing
habits, click-patterns and access to the GMSI website;
7.4 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;
7.5 GMSI may collect, maintain, save, compile, share, disclose
and sell any information collected from users, subject to the following
provisions:
7.5.1 GMSI shall not disclose personal information from Users unless the User consents thereto;
7.5.2 GMSI shall disclose information without the User’s consent only through due legal process; and
7.5.3 GMSI may compile, use and share any information that does not relate to any specific individual; and
7.6 GMSI owns and retains all rights to non-personal statistical information collected and compiled by GMSI.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 GMSI may provide hyperlinks to websites not controlled by
GMSI (target sites) and such links do not imply any endorsement,
agreement on or support for the content of such target sites; and
8.2 GMSI does not editorially control the content on such
target sites and shall not be liable, in any manner whatsoever, for the
access to, inability to access or content available on or through such
target sites.
9. SECURITY
9.1 GMSI shall take all reasonable steps to secure the content
of the GMSI website and the information provided by and collected
from Users from unauthorised access and/or disclosure. However,
GMSI does not make any warranties or representations that content
shall be 100% safe and secure;
9.2 GMSI is under no legal duty to encrypt any content or
communications from and to the GMSI website and is also under no
legal duty to provide digital authentication of any page on the
GMSI website;
9.3 Users may not deliver or attempt to deliver, whether on purpose
or negligently, any damaging code, such as computer viruses, to the
GMSI website or the server and computer network that support the
GMSI website;
9.4 Notwithstanding criminal prosecution, any person who delivers
any damaging code to the GMSI website, whether on purpose or
negligently, shall, without any limitation, indemnify and hold
GMSI harmless against any and all liability, damages and losses
GMSI and its partners / affiliates may suffer as a result of such
damaging code;
9.5 Users may not develop, distribute or use any device to breach
or overcome the security measures of the GMSI website and
GMSI reserves the right to claim damages any and all persons
concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85
to 88 of the ECT Act shall, notwithstanding criminal prosecution, be
liable for all resulting liability, loss or damages suffered and/or
incurred by GMSI and its partners / affiliates.
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, GMSI
(including its owners, directors, employees, suppliers, Internet
service providers, partners, affiliates 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 GMSI website;
10.1.2 access to websites linked to the GMSI website;
10.1.3 inability to access the GMSI website;
10.1.4 inability to access websites linked to the GMSI website;
10.1.5 content available on the GMSI website;
10.1.6 services available from the GMSI website;
10.1.7 downloads and use of content from the GMSI website; or
10.1.8 any other reason not directly related to GMSI’s gross negligence.
10.2 The GMSI website is supplied on an "as is" basis and has
not been compiled to meet the User's individual requirements. It is the
responsibility of the User to satisfy himself or herself, prior to
entering into this agreement with GMSI, that the content available
from and through the GMSI website meets the User's individual
requirements and is compatible with the User's computer hardware and/or
software;
10.3 Information, ideas and opinions expressed on the GMSI
website should not be regarded as professional advice or the official
opinion of GMSI and Users are encouraged to seek professional
advice before taking any course of action related to the information,
ideas or opinions expressed on the GMSI website;
10.4 GMSI does not make any warranties or representations that
content and services available from the GMSI website will in all
cases be true, correct or free from any errors. GMSI shall take
all reasonable steps to ensure the quality and accuracy of content
available from the GMSI website and encourage Users to report
incorrect and untrue information subject to the right of GMSI to
rely on its free expression rights and determine, in its sole and
absolute discretion, the contents of this website; and
10.5 GMSI does not make any warranties or representations that
the GMSI website shall be available at all times. Users
acknowledge that the GMSI website may be unavailable due to
updates or other causes beyond the reasonable control of GMSI,
including, but not limited to virus infection, unauthorised access,
power failure or other “acts of God.”
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory,
illegal, infringing and/or harmful content available from the GMSI
website to GMSI and GMSI 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 2002, the User agrees to GMSI’s
right to intercept, block, filter, read, delete, disclose and use all
communications sent or posted by the User to the GMSI website, its
staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by
the User in clause 12.1 satisfies the “writing” 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 GMSI and the User and shall take precedence over any
disclaimers and/or legal notices attached to any communications and/or
postings received by GMSI from the User;
13.2 Any failure by GMSI to exercise or enforce any right or
provision shall in no way constitute a waiver of such right or
provision; and
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 and GMSI agree that:
14.1 the User shall be bound to these terms and conditions and such
agreement is concluded in Centurion (South Africa) at the time the User
enters the GMSI website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User
to GMSI shall only be deemed to have been received if and when
responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User
by GMSI shall be deemed to be received by the User as detailed in
section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User
to GMSI shall be deemed to have been created and sent by the User
from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not
required for valid electronic communications between the User and
GMSI; and
14.6 The User agrees and warrants that data messages that are sent
to GMSI from a computer, IP address or mobile device normally used
by or owned by the User, was sent and/or authorised by the User
personally.
15. APPLICABLE AND GOVERNING LAW
Subject to clause 5.4, the GMSI website is hosted, controlled
and operated from the Republic of South Africa and therefore the South
African law enforced by the South African courts governs the use or
inability to use the GMSI website, its content, services and these
terms and conditions.
16. LEGAL COSTS
GMSI shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© BUYS INC 2005. LICENSED TO GMSI. ALL OTHER RIGHTS RESERVED. UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED
VERSION: 14 NOVEMBER 2005
