(hereinafter referred to as the “Company”)
1.1 This document sets out the terms and conditions pertaining to the access of and use of the services and functions provided on this website: www.aeci.co.za
1.2 The purpose of this website is to provide general information about the Company and its products and services. The information contained herein is not intended to constitute professional advice, financial, legal or any other form of advice or services.
1.3 By accessing and using this website you agree to be bound by these terms and conditions and confirm that your use for this website is for lawful purposes only. If you do not wish to be bound by these terms and conditions, please exit this website immediately and refrain from using, displaying, reproducing, publishing, downloading and/or otherwise copying or distributing any of the contents of this website.
1.4 The Company reserves the right, at its sole discretion, to amend and/or replace any of, or the whole of the terms and conditions. Such amendments shall supersede and replace any previous terms and conditions and shall be made available on the website. Each time a user accesses the website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the terms and conditions as amended and/or replaced by the Company from time to time.
1.5 In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining this website shall be prima facie proof of the date of publication and content of the current version and all previous versions.
2. GOVERNING LAW
This website is controlled, operated and administered by the Company from its offices in South Africa. Therefore, these terms and conditions are governed and construed in accordance with the laws of South Africa.
3. USE OF THE WEBSITE CONTENT
3.1 The Company authorises the user(s) to view, download and print any of the materials on this website but solely for private, educational and research purposes and not for commercial purposes. The use or misuse of any of the contents of this website is strictly prohibited.
3.2 The user(s) is prohibited from violating or attempting to violate any of the security measures contained herein, including but without limitation to, accessing data not intended for such user, or logging onto a server, attempting to probe, scan or test the vulnerability of a system or network, attempting to interfere with a host or network by means of a virus or flooding, sending unsolicited electronic mails, including promotions, marketing and the advertising of products or services. The unlawful use or violation of the system and network security may result in civil or criminal prosecution.
3.3 The user(s) may not use the website in order to transmit, distribute, store or destroy material that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation.
3.4 The user(s) of or visitor(s) to this website may not post comments, statements or other materials onto the website which may be defamatory, obscene, libellous or which may infringe the copyright, trademarks or any other intellectual property rights of the Company.
3.5 The users of or visitors to this website are encouraged to report to the Company any information displayed on this website which is defamatory, illegal, untrue, inaccurate, infringing or harmful and the Company undertakes to rectify and remove any such information or part thereof provided the person reporting has given valid grounds for such allegation.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The content of this website and all intellectual property herein, including but not limited to text, designs, trademarks, drawings, graphics, logos, images, video material, patents, cinematographic films, source codes, database and software are the sole property of the Company and may not be used, reproduced, adapted, distributed, sold, published, stored, broadcasted, modified, transmitted or recorded in any way and for any purposes without the prior written consent of the Company.
4.2 Any unauthorised use, reproduction, storage, sale, transmission, adaptation, publication, distribution, modification, recording or broadcasting of any of the content of this website will constitute copyright infringement in terms of South African and international copyright laws.
5. DISCLOSURE IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, NO. 25 OF 2002
5.1 The full name and legal status of the website owner is:
AECI Limited, a company duly incorporated according to the laws of South Africa under registration number 1924/002590/06.
5.2 Registered business and postal addresses for receipt of legal service are:
First floor, AECI Place
24 The Woodlands
Private Bag X21
Telephone number: +27 (0)11 806 8700
Fax number: +27(01)11 806 8701
Website address: www.aeci.co.za
6. ACCURACY OF THE WEBSITE CONTENT
While every effort is made to ensure that the information contained in this website is current and accurate, the Company makes no warranties or representations about the accuracy, reliability and completeness thereof. Accordingly the user(s) should not assume that the information on this website is always current or accurate. Other sources of this information should be consulted before making any decision to act on the information displayed on this website. The use of this website is at the user’s own risk.
7.1 The Company respects the privacy of all users of and visitors to this website and will take reasonable steps to protect the user’s privacy.
7.2 The website is not designed for or directed at children under the age of 18 years. It is Company policy to not knowingly collect or maintain information of persons under the age of 18. When posting any information on this website you agree that you are aged 18 years or older.
7.3 By using this website the user consents to the following:
7.3.1 the Company may disclose the user’s information to entities with which the Company has a business relationship with, purely for commercial reasons;
7.3.2 the Company may use the user’s information for non-personal statistical purposes;
7.3.3 the Company retains the copyright, in database, of personal information of the user(s); and
7.3.4 the Company may use such personal information to communicate with the user from time to time, as maybe so required.
8. DISCLAIMER AND LIMITATION OF LIABILITY
8.1 By accessing this website, you agree to defend, indemnify, and hold harmless the Company, its Officers, Directors, shareholders, employees, licensors, suppliers, agents, partners and affiliates from and against any and all losses, damages, claims, costs and expenses (including, without limiting indirect, punitive, incidental and consequential damages, loss of profits, damage resulting from lost data or business interruption) of any nature incurred by whomsoever, resulting from the use, access, inability to access any linked website or any functionality or version of these terms and conditions.
8.2 Under no circumstance shall the Company, its suppliers or any third parties mentioned in this website be liable for any damages whatsoever (including, but without limitation to, incidental and consequential damages, loss of profits or damages) arising from the use or inability to use this website and the material, whether based on warranty, contract, delict or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
8.3 The Company, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including the Company, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on this website or any related site.
9. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 All comments, feedback, suggestions, ideas, and other submissions disclosed or submitted to the Company on this website or otherwise submitted or disclosed in connection with the use of this website shall be and remain the Company’s property. Such disclosure or submission shall constitute an assignment of rights, titles and interest in all copyrights and other intellectual property rights in the comments and the right to use the user’s name along with such comments, without restrictions and without compensation in any form.
9.2 The Company shall be under no obligation to maintain the comments in confidence nor to pay any compensation for any comments or respond to comments.
9.3 The user agrees that any comments submitted on this website will not violate these terms and conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights that will cause injury to any person or entity.
A cookie is small piece of data that a website can store on the user’s browser and later retrieve. Cookies collect non-personal information for business and marketing purposes. The cookies help the Company to provide a more valuable online experience to users. The user may set up a browser to disable cookies; however, this might cause certain features of the website to be inaccessible.
11. LINKS TO OTHER WEBSITES
This website may contain links to third party websites. These links are provided solely as a convenience to the user and not as an endorsement by the Company of the content displayed therein. The Company shall not be liable in any manner whatsoever for the content of linked third party websites regarding the access to, inability to access, use or the accuracy of such content. The user’s access to linked third party websites will be at the user’s own risk.
12.1 The Company will take all reasonable measures to secure and prevent the content of this website and the user’s information. The Company does not make any warranties or representation that the website content shall at all times be 100% safe or secure.
12.2 The user(s) undertakes not to divulge their user name and password to any other person.
12.3 No person, business or entity is allowed to gain or attempt to gain unauthorised access to any page on the website or to deliver any unauthorised, damaging or malicious code to this website.
13. AGREEMENT IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT
13.1 No information or data displayed on this website constitutes an offer, but merely an invitation to do business.
13.2 Data messages, such as e-mails addressed to the Company, are only deemed to be received by the Company once they have been responded to and such response does not include an automated reply (auto-reply).
13.3 Data messages to this website created and sent by the user shall conclude no agreement.
14. BREACH OF TERMS AND CONDITIONS
Should the user breach any terms and conditions of this website, the Company shall be entitled, without prejudice to its rights in terms of these terms and conditions or at law, to claim damages from the user, commence criminal proceedings and/or obtain an interdict against the user.
15.1 These terms and conditions constitute the whole agreement between the Company and the user in respect of the use of this website. If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in force and effect.
15.2 No waiver of any term shall be deemed to be a further and continuing waiver of such term or any other term.
16. UPDATE OF TERMS AND CONDITIONS
These terms and conditions were last updated on 28 March 2012.