WEBSITE TERMS AND CONDITIONS
IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ETC) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSON THAT ACCESS THE TTT AFRICA WEBSITE, WEB PAGES OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE TTT AFRICA WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “the TTT Africa website” means the website, owned and operated by TTT Africa available at http:www.tttafrica.co.za/, including any page, part or element thereof;
b) “TTT Africa” means Transportation and Traffic Technology Africa (Pty) Ltd, reg. no. 2003/014830/07 of TTT Africa House, 37 Sunninghill Office Park, Peltier Drive, Sunninghill, 2191;
c) “User” means any person who enters or uses the TTT Africa website, notwithstanding the fact that such a person only visits the home page of the TTT Africa website;
d) References herein to the singular includes the plural and vice versa; and
e) Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
1. GENERAL
Transportation & Traffic Technology Africa (Pty) Ltd., trading as TTT Africa, is a specialist consultant in the field of transportation and traffic engineering. TTT Africa has helped formulated provincial road master plans; drawn up national policies, regulations and standards, and undertaken hundreds of traffic impact assessments for a vast variety of clients. The company takes pride in the fact that even the smaller projects have positively impacted the lives of individuals and communities. Key personnel serve on government advisory boards and provide mentoring to the industry.
2. ALLOWED USE AND LICENSE
2.1 TTT Africa licenses the user to view, download and print the content of the TTT Africa website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
2.2 Content from the TTT Africa website may not be used or exploited by users for any commercial and non-private purposes without the prior written consent of TTT Africa.
2.3 Users may only access, browse and use the TTT Africa website for legitimate personal or commercial purposes and may not use the TTT Africa website or any TTT Africa services and/or products for:
2.3.1 Harmful purposes;
2.3.2 Illegal purposes
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
2.3.4 The creation, storage and sending of unsolicited commercial communications
2.4 The caching of the TTT Africa 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 TTT Africa 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 TTT Africa.
2.5 If any user uses content from the TTT Africa website in breach of the provision detailed herein:
2.5.1 TTT Africa reserves the right to claim damages from the user;
2.5.2 TTT Africa reserves the right to institute criminal proceedings against the user: and
2.5.3 TTT Africa 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 TTT Africa website from any other source shall be directed at the home page of the TTT Africa website. Links beyond the TTT Africa home page may only be used with TTT Africa’s prior written consent.
2.7 TTT Africa 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 TTT Africa website, if such content, products or services was accessed through a hyperlink not directed at the home page of the TTT Africa website. Persons that wish to link to pages beyond the home page of the TTT Africa website without TTT Africa’s prior written consent shall do so at their own risk and indemnify TTT Africa against any loss, liability or damage that may result from the use of such hyperlinks. TTT Africa’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from the TTT Africa website and only if such a quote is placed in inverted commas and acknowledged.
2.9 No person may, without the prior written consent of the TTT Africa, frame the TTT Africa website in any manner whatsoever.
2.10 Apart from bon-fide search engine operators and use of the search facility provided on the TTT Africa 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 TTT Africa website for any purpose whatsoever, without the prior written consent of the TTT Africa.
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the TTT Africa 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 TTT Africa website may be used to communicate unsolicited communications to TTT Africa and all rights detailed in 45 of the ECT Act are reserved.
2.12 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 TTT Africa at any time without prior notice or reasons.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property on the TTT Africa 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 TTT Africa 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 TTT Africa website are expressly reserved.
3.2 No person may use logos, icons or trade marks from the TTT Africa website as hyperlinks or other purposes without TTT Africa’s prior written consent.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the user 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 TTT Africa website and/or download content from the TTT Africa 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 the provision of services from or through the TTT Africa website.
Access to the services, content, software and downloads available from the TTT Africa website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore users have the rights detailed in chapter 7 of the ECT Act and TTT Africa has, amongst others, the duty to disclose the following information:
5.1 The full name and legal status of the website owner: TTT Africa (Pty) Ltd, reg. no. 2003/014830/07 of Jeffares and Green House, 37 Sunninghill Office Park, Peltier Drive, Sunninghill, 2191;
5.2 Directors: PL Ngqumshe, A J Joubert
5.3 Street address: Jeffares and Green House, 37 Sunninghill Office Park, Peltier Drive, Sunninghill, 2191
5.4 Postal address: P.O. Box 1109, 1109, Sunninghill, 2157
5.5 Physical address for receipt of legal service: Jeffares and Green House, 37 Sunninghill Office Park, Peltier Drive, Sunninghill, 2191;
5.6 Telephone number: (011) 231 2298
5.7 Fax number: (011) 807 1607
5.8 Main business: Traffic and transportation engineering
5.9 The website address of the TTT Africa website is: http://www.tttafrica.co.za
5.10 The official e-mail address of the TTT Africa website is: [email protected]
5.11 Information manual published at: http://www.tttafrica.co.za/paia.html
5.12 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.12.1 access to the TTT Africa website;
5.12.2 the inability to access the TTT Africa website;
5.12.3 the services and content available from the TTT Africa 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. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
5.13 Users may lodge complaints concerning the TTT Africa website with TTT Africa at: [email protected].
6. CHANGES AND AMENDMENTS
TTT Africa 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 TTT Africa website;
6.3 discontinue any aspect of the TTT Africa website or service(s) available from the TTT Africa website; and/or
6.4 change the software and hardware required to access and use the TTT Africa website.
7. PRIVACY
7.1 TTT Africa shall take all reasonable steps to protect the personal information of users and for the purpose of the clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
7.2 TTT Africa may electronically collect, store and use the following personal information of users.
7.2.1 name and surname;
7.2.2 area code;
7.2.3 street address;
7.2.4 postal address;
7.2.5 title;
7.2.6 contact numbers;
7.2.7 non-personal browsing habits and click patterns;
7.2.8 e-mail address; and/or
7.2.9 IP address.
7.3 TTT Africa collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the user;
7.3.2 Provide services to the user as requested by the User;
7.3.3 Authenticate the user;
7.3.4 Provide the user with access to restricted pages on this website; and
7.3.5 Compile non-personal statistical information about browsing habits, click-patterns and access to the TTT Africa 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 TTT Africa may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 TTT Africa shall not disclose personal information from users unless the user consents thereto;
7.5.2 TTT Africa shall disclose personal information without the user's consent only through due legal process; and
7.5.3 TTT Africa may compile, use and share any information that does not relate to any specific individual.
7.6 TTT Africa owns and retains all rights to non-personal statistical information collected and compiled by the TTT Africa.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 TTT Africa may provide hyperlinks to websites not controlled by TTT Africa (“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 TTT Africa 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 TTT Africa shall take all reasonable steps to secure the content of the TTT Africa website and the information provided by and collected from users from unauthorised access and/or disclosure. However, TTT Africa does not make any warranties or representations that content shall be 100% safe or secure.
9.2 Subject to the provision of section 43(5) and 43(6) of the ECT Act, if applicable, TTT Africa is under no legal duty to encrypt any content or communications from and to users and is also under no legal duty to provide digital authentication of any pages on the TTT Africa website.
9.3 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 TTT Africa website or the server and computer network that support the TTT Africa website.
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to TTT Africa website, whether on purpose or negligently, shall, without any limitation, indemnify and hold TTT Africa harmless against any and all liabilities, damages, risks and losses that TTT Africa and its partners / affiliates may suffer as a result of such deliver, attempt or damaging code.
9.5 Users 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 TTT Africa website and TTT Africa 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 who commit any of the offences detailed in section 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 TTT Africa and its partners / affiliates due to or related to these illegal actions.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of section 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, TTT Africa (including its owners, 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 TTT Africa website;
10.1.2 access to websites linked to the TTT Africa website;
10.1.3 inability to access the TTT Africa website;
10.1.4 inability to access websites linked to the TTT Africa website;
10.1.5 content available on the TTT Africa website;
10.1.6 services available from the TTT Africa website;]
10.1.7 products available from the TTT Africa website;
10.1.8 downloads and use of content from the TTT Africa website; and/or
10.1.9 any other reason not directly related to TTT Africa’s gross negligence.
10.2 The TTT Africa 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 the TTT Africa, that the content available from and through the TTT Africa website meet 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 TTT Africa website should not be regarded as professional advice or the official opinion of TTT Africa and users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the TTT Africa website.
10.4 TTT Africa does not make any warranties or representation that content and services available from the TTT Africa website shall in all cases be true, correct or free from any errors. TTT Africa shall take all reasonable steps to ensure the quality and accuracy of content available from the TTT Africa website.
10.5 TTT Africa does not make any warranties or representation that the TTT Africa website shall be available at all times. Users acknowledge that the TTT Africa website may be unavailable due to updates or other causes beyond the reasonable control of the TTT Africa, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”
11. COMMENTS
TTT Africa does not edit or scan comments posted by the user or e-mails from the user to TTT Africa or the TTT Africa website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings.
12. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the TTT Africa website to TTT Africa and TTT Africa 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.
13. INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provision of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the user agrees to the TTT Africa’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 to the TTT Africa website, its staff and employees. The RIC Act may be downloaded from: http:/www.info.gov.za/acts/2002/a70-02/.
13.2 The User agrees and acknowledges that the consent provided by the user in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
14. ENTIRE AGREEMENT AND SEVERABILITY
14.1 These terms and conditions constitute the entire agreement between TTT Africa and the user and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by TTT Africa from the user.
14.2 Any failure by TTT Africa to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 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.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The user and TTT Africa agree that:
15.1 the user shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the user enters the TTT Africa website for the first time;
15.2 data messages (as defined in the ECT Act) addressed by the user to TTT Africa shall only be deemed to be received by the user as detailed in section 23(b) of the ECT Act;
15.3 data messages (as defined in the ECT Act) addressed to the user by TTT Africa shall be deemed to be received by the user as detailed in section 23(b) of the ECT Act;
15.4 date messages (as defined in the ECT Act) addressed by the user to TTT Africa shall be deemed to have been created and sent by the user from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the user and the TTT Africa; and
15.6 the user agrees and warrants that data messages that are sent to TTT Africa 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.
16. APPLICABLE AND GOVERNING LAW
The TTT Africa website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.12, the South African law enforced by the South African courts governs the use or inability to use the TTT Africa website, its content, services, products and these terms and conditions.
17. LEGAL COSTS
TTT Africa shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.