These terms and conditions (“website terms and conditions”) are binding and enforceable against all persons that access the GEP website or any part thereof in terms of section 11(3) of the Electronic Communications and Transactions 25 of 2002 (“ECT Act”).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE GEP WEBSITE IMMEDIATELY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
1. Definitions and Interpretation
1.1. “GEP website” means the Gauteng Enterprise Propeller website located at http://www.gep.co.za and includes any page, part or element thereof;
1.2. “User/s” means any person/s who enters or uses the GEP website, notwithstanding the fact that such a person/s only visits the home page of the GEP website;
1.3. References herein to the singular includes the plural and vice versa;
1.4. The headings of clauses in these website terms and conditions are not to be used in the interpretation of any provision in these website terms conditions.
1.5. Notwithstanding the fact that hyperlinks in these website terms to copyright notices and legislation should be deemed part of these website terms 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.
GEP is a provincial government agency established in terms of the Gauteng Enterprise Propeller Act no 5 of 2005. GEP provides financial and non-financial support and co-ordinates stakeholders for the benefit of Small Medium and Micro Entrepreneurs (“SMME’s”) in the Gauteng Province. GEP focuses on contributing to the establishment, growth and sustainability of SMME’s in the Gauteng Province and is committed to halving poverty and unemployment in the country and ensuring increased and meaningful participation of SMME’s in mainstream economic activities.
3. Nature of Information
3.1. Nothing on this website (including these website terms and conditions) constitutes an offer from GEP to you. The information provided on this website is provided for your convenience and information purposes only. This information does not constitute investment or other advice; nor does the information constitute an undertaking, promise or warranty of any kind.
3.2. While GEP has implemented proper procedures to ensure the correctness and up-to-datedness of the information provided on or via this website, GEP cannot be held liable if such information is incorrect. You are required to contact GEP to verify the correctness of the information before relying on it.
4. Privacy and Security
GEP is committed to maintaining the privacy and security of your personal information and shall take all reasonable steps to protect your personal information. “Personal Information” shall carry the same meaning as attributed it in the Promotion of Access to Information Act 2 of 2000. GEP does not, however, provide any guarantee that information transmitted over the Internet or by email will not be susceptible to unlawful access and monitoring.
4.1.1. GEP may electronically collect, store and use, amongst other, the following personal information of Users to the GEP website:
188.8.131.52. name and surname;
184.108.40.206. contact details;
220.127.116.11. non-personal browsing habits and click patterns;
18.104.22.168. e-mail address;
22.214.171.124. IP address; and/or
126.96.36.199. User’s selected username and password.
4.1.2. GEP may electronically collect, store and use, amongst other things, the abovementioned personal information for purposes of communicating requested information to the User; providing the User with access to restricted pages on this website; newsletter database; registration and /or authentication of Users; and compilation of non personal statistical information about browsing habits, click-patterns and access to the GEP website.
4.1.3. 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.
4.1.4. GEP may collect, maintain, save, compile, share, disclose and sell any information collected Users, subject to the following provisions:
188.8.131.52. GEP shall not disclose personal information from Users, unless the User consents thereto;
184.108.40.206. GEP shall disclose information without the User’s consent only through due legal process; and
220.127.116.11. GEP may compile, use and share any information that does not relate to any specific individual.
4.1.5. GEP owns and retains all rights to non-personal statistical information collected and compiled by GEP.
4.2.1. GEP shall take all reasonable steps to secure the content of the GEP website and the information provided by and collected from User from unauthorised access and/or disclosure. However, GEP does not make any warranties or representations that content shall be 100% safe and secure.
4.2.2. GEP is under no legal duty to encrypt any content or communications from and to the GEP website and is also under no legal duty to provide digital authentication of any page on the GEP website.
4.2.3. Users to the GEP website may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the GEP website or the server and computer network that support the GEP website.
4.2.4. Notwithstanding criminal prosecution, any person who delivers any damaging code to the GEP website, whether on purpose or negligently, shall, without any limitation, indemnify and hold GEP harmless against any and all liability, damages and losses GEP and its partners / affiliates may suffer as a result of such damaging code.
4.2.5. Users may not develop, distribute or use any device to breach or overcome the security measures of the GEP website and the GEP reserves the right to claim damages against any and all persons concerned with a security failure or breach.
4.2.6. 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 GEP and its partners / affiliates. The ECT Act may be downloaded from: http://www.info.gov.za/gazette/acts/2002/a25-02.pdf.
5. Hyperlinks to Third Party Websites and Advertisements
5.1. GEP may, for your convenience, provide hyperlinks to the websites not controlled by the GEP (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
5.2. GEP does not editorially control or endorse the content of such target sites or the parties that own or administer them and shall therefore not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
5.3. GEP will also not be liable for any loss or damage Users may suffer, directly or indirectly, as a result of using and accessing target sites whether via such hyperlinks or otherwise, nor any loss or damage Users may suffer as a result of any advertisement on the GEP website.
6. Intellectual Property Rights and Domain Name Use
6.1. All intellectual property on the GEP website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks in the content of this website, which consists of everything that is published on this website (“content”) are the property of or licensed to GEP and as such, are protected from infringement by domestic and international legislation and treaties.
6.2. User may not use or reproduce such content other than to consider using the services of GEP or for obtaining more information about GEP. Under no other circumstances may any content be used, directly or indirectly, for other purposes. User may not insert a hyperlink to any part of this website or frame any content on this website without GEP’s our permission.
7. Software and Equipment
It is Users’ responsibility to acquire and maintain at their own expense, the computer hardware, software, lines and access accounts required to access the internet and the GEP website and/or download content from this website.
8. Changes and Amendments
8.1. GEP reserves the right, in its sole and absolute discretion and without any prior notice or justification to do the following:
8.1.1. to amend or change these website terms and conditions from time to time;
8.1.2. to change the content and/or services available from the GEP website;
8.1.3. to discontinue any aspect of the GEP website or service(s) available from the GEP website; and/or
8.1.4. to change the software and hardware required to access and use the GEP website.
8.2. Users will be bound to the most current versions that are published on this website. For convenience, only the date of last amendment will be shown below the heading of these website terms and conditions.
8.3. A certificate signed by the administrator responsible for maintaining this website will be prima facie proof of the date of publication and content of the current version and all previous versions of the website terms and conditions.
9. Suspension and Discontinuance of Services and Website
GEP may suspend this website at any time for purposes of carrying out repairs and/or maintenance. GEP also reserves the right to discontinue this website with or without notice to Users.
10. Removal and Correction of Content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the GEP website to GEP and GEP 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.
11. Disclaimer and Limitation of Liability
11.1. Subject to the provisions of section 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, GEP (including its owners, members, 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:
11.1.1. Access to the GEP website;
11.1.2. Access to websites linked to the GEP website;
11.1.3. Inability to access the GEP website;
11.1.4. Inability to access website linked to the GEP website;
11.1.5. Content available from the GEP website;
11.1.6. Services available from the GEP website;
11.1.7. Downloads and use of content from the GEP website; and
11.1.8. Any other reason not directly related to GEP’s gross negligence;
11.2. The GEP website is supplied on an “as is” basis and has not been compiled to meet User’s individual requirements. It is the responsibility of the User to satisfy him / herself prior to entering into this agreement with GEP that the content available from and through the GEP website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
11.3. Information, ideas and opinions expressed on the GEP website should not be regarded as professional advice or the official opinion of the GEP and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the GEP website.
11.4. GEP does not make any warranties or representation that content and services available from the GEP website will in all cases be true, correct and free from any errors. GEP shall take all reasonable steps to ensure the quality and accuracy of content available from the GEP website and encourage Users to report incorrect and untrue information subject to the right of GEP to rely on its free expression rights and determine, in its sole and discretion, the contents of this website.
11.5. GEP does not make any warranties or representations that the GEP website shall be available at all times. Users acknowledge that the GEP website may be unavailable due to updates or other causes beyond the reasonable control of GEP including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God.”
12. Interception of Communications
12.1. Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“RIC Act”), the User agrees to GEP’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by User to the GEP website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/ .
12.2. The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfied the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. Entire Agreement and Severability
13.1. These website terms and conditions constitute the entire agreement between GEP and you and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by GEP from User.
13.2. Any failure by GEP 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(s) or condition(s) 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.
14.1. Any disputes between the User and GEP related to the User’s use of this website shall be resolved by private and confidential arbitration unless GEP elects to refer the matter to normal court process, including for urgent relief.
14.2. Legal notices must be in writing and be delivered by hand to the GEP head office and marked for the urgent attention of –
15. Applicable and Governing Law
GEP 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 GEP website, its content, services and these website terms and conditions.
16. Legal Costs
GEP shall not be liable for costs incurred by Users to obtain professional advice relating to these website terms and conditions.