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Website Terms and Conditions of Use

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the (DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT) (“Provider”) website located at the domain name (WWW.JUSTICE.GOV.ZA) (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.

Updating of these Terms and Conditions:
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights:
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and International copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users:

Limited License to Registered Users:

Limitation of liability:
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.

Privacy, access to and use of information:
The Provider receives various types of information (“the Information”) from Users who access the Website. The Provider makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:

1. Privacy: Casual Surfing :
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

2. Privacy: Unsolicited Information:
If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to the Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it. The Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.

3. Privacy: Solicited information the User give to Provider:
The Provider requires certain personal information to process transactions if the User requires any of Provider’s products or services. Provider receives and stores all Information the User enters on the Website or gives to the Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from this Provider. The Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.

4. Privacy: Promotional Information
The Provider aspires to provide first-class service to its customers, which necessitates the Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to the WEBMASTER.

5. Privacy: Business Transfers:
The Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

6. Privacy: Lawful Purposes:
When the Provider is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand, and will do so.

7. Privacy: Surveys:
The Provider understands that efficiency and customer care translates to good service. The Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, the Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.

Choice of Law:
This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa . The Provider makes no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa , and the User consents to the jurisdiction of the Transvaal Provincial Division of the High Court or the Magistrates Court for the District of Pretoria, which ever the case may be, in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Contact Details:
In the event that you need to contact the Provider for purposes related to these Terms and Conditions, please use the following:
The Department of Justice and Constitutional Development
Branch: Public Education and Communications
Directorate: Internal Communication (Electronic Publications)
The Webmaster
Mrs M du Preez
Telephone: (+27) 012 315 1721
Fax: (+27) 012 357 8006
Email: maridupreez@justice.gov.za

IMPORTANT NOTICE AND DISCLAIMER

This notice is deemed to form part of this communication in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is expressly prohibited. If you are not the intended recipient of this email (or such person's authorised representative), then:

(a) please notify the sender of this email immediately by return email, facsimile or telephone and delete this message from your system;

(b) you may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person.

This communication and any information in or attached to this email message is intended only for the person or entity to whom it is addressed.

This information is confidential, and may be subject to legal privilege and confidentiality. Nothing in this message constitutes an offer, warranty or representation from the Department. While the Department is entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, departmental officials or representatives may not conclude agreements or otherwise bind this organ of state via email unless the email is sent from an authorised representative of this Department using a mutually agreed upon digital certification process. The Department cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from. None of the departmental officials or representatives are permitted to send unsolicited messages ("spam") and the Department cannot be held liable therefore. If you regard this message as spam, please inform the Department immediately by sending an email to ischelpdesk@justice.gov.za. Unless otherwise agreed:

(a) We are only deemed to have received an email once we have confirmed receipt thereof to you;

(b) We are deemed to have sent an email once reflected as "sent" on our email server.

If this message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender's scope of employment with the Department and only the sender can be held liable in his/her personal capacity. This disclaimer applies to the original message, any attachments and all subsequent messages or attachments the Department may send. If you have any questions on the above disclaimer, please contact the sender.