Use of this Website is made available subject to the following Terms and Conditions. By using this Website, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that may prescribe from time to time.
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”), and the common law on contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this Website or any part thereof. The Business Exchange (“TBE”) reserves the right to make changes to this Website and these Terms and Conditions at any time.
The Terms and Conditions set out below constitute an agreement between The Business Exchange and you, the User, and apply when you are using, accessing or browsing the Website.
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions the following words and phrases will bear the following meanings:
1.1 “Advertiser” means a third party advertising services or products, of a third party, on the Website.
1.2 “TBE THE BUSINESS EXCHANGE (Pty) Ltd ” means TBE, a South African private company duly incorporated in accordance with the Companies Act 71 of 2008, as amended.
1.4 “Third Party Websites” mean any other websites and social media portals which are not the TBE Website.
1.5 “User” means any person who enters or uses the Website, notwithstanding the fact that such a person only visited the home page of the Website or subscribed thereto, including Entrepreneurs, Investors and Advertisers.
1.6 “Website” means this Website, owned and operated by TBE, and which is located at www.TBE.co.za, including any part or element thereof.
1.7 References herein to the singular include the plural and vice versa.
1.8 Notwithstanding the fact that hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, should be deemed to be 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, will not play a role in determination of the validity and interpretation of these Terms and Conditions.
2.1 The User expressly understands and agrees that TBE will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TBE has been advised of the possibility of such damages), unless there is gross negligence on part of TBE resulting from any agreement, understanding or relationship the User may enter into with any Investor or any other person or entity with whom it has been put in contact through the TBE Website.
2.2 The User expressly understands and agrees that TBE will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TBE has been advised of the possibility of such damages), unless there is gross negligence on part of TBE, resulting from any use or sale of goods or services offered by, or agreements concluded with, Advertisers or Third Party Websites.
2.3 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, TBE (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) will not be liable for any damage, loss or liability of any nature, not directly related to TBE’s gross negligence, incurred by whomever and resulting from:
2.3.1 any service available on the Website;
2.3.2 access to the Website;
2.3.3 access to Websites linked to the Website;
2.3.4 inability to access the Website;
2.3.5 inability to access Websites linked to the Website;
2.3.6 content available on the Website;
2.3.7 downloads and use of content from the Website;
2.3.8 the use or the inability to use the Website;
2.3.9 the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
2.3.10 unauthorised access to or alteration of transmissions or data of the user of the Website;
2.3.11 statements or conduct of any third party on the Website;
2.3.12 any other matter relating to the Website.
2.4 The 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 itself, prior to entering into this agreement with TBE, that the content available from and through the Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
2.5 The content and/or information contained on this Website is provided for Users informational and educational convenience only. Nothing on the Website should be relied on and Users should consult with an authorised financial advisor prior to making any financial decisions.
2.6 TBE will take all reasonable steps to ensure the quality and accuracy of content available on the Website and encourages Users to report incorrect and untrue information, subject to the right of TBE to rely on its own freedom of expression and right to determine, in its sole and absolute discretion, the contents of its Website. TBE does not make any warranties or representations that the content and services available on the Website will in all cases be true, correct or free from any error.
2.7 TBE does not make any warranties or representations that the Website will be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of TBE, including, but not limited to virus infection, unauthorised access, power failure or other “Acts of God.”
2.8 The access to the Website, may involve third party fees (such as internet service provider or airtime charges), and the User is responsible for those fees.
3. CONSUMER PROTECTION
3.1. TBE regards it important to protects the User by abiding by all relevant laws, in particular the Consumer Protection Act 68 of 2008 (“CPA”) and requests its Advertisers to do the same.
3.2. In the event of a promotional competition held on TBE’s website, please revert to TBE’s additional terms and conditions published on the Website, from time to time, specifically for promotional competitions.
3.3. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on the BUSINESS website to TBE and TBE 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.
4.1 TBE will take all reasonable steps to protect the personal information of Users. For the purpose of this clause, personal information (general and technical information relating to an identifiable, living, natural person, and where it is applicable, an identifiable existing juristic person) is as detailed in the Protection of Personal Information Bill (“POPI”).
4.2 TBE respects the privacy of Users and will not collect personal data of online visitors, unless they provide it to TBE voluntarily. General and technical information is collected either electronically by using cookies, or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
4.3 Any personal information and data collected is used solely by TBE for purposes of providing the services offered on the Website, or otherwise.
4.4 TBE undertakes not to sell, disclose or distribute personal information of Users to any third parties, for free, or for remuneration.
4.5 In the event that the User becomes an approved Entrepreneur, to enable TBE to provide the Entrepreneur Services, the User may be obliged to share and submit additional personal information for use, review and research purposes.
4.6 The personal information of Entrepreneurs will be kept private by TBE and will only be disclosed to an Investor, in the event that the Entrepreneur is ready to present its business opportunity to interested Investors.
4.7 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“RIC”), the User agrees to TBE’S right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the TBE website, its staff and employees.
4.8 The User agrees and acknowledges that the consent provided by the User, of this Clause 9, satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
5. ALLOWED USE AND LICENSE
5.1 TBE licenses the User to view, download and print the content of the Website, provided that such content is used for personal, educational and/or non-commercial purposes only.
5.2 Content from the Website will not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of TBE.
5.3 TBE reserves the right to claim damages from, and/or institute criminal proceedings against, the User for misuse or infringement of materials published on the Website.
5.4 Apart from bona fide search engine operators and use of the search facility provided on the 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 Website for any purposes, without the prior written consent of TBE.
5.5 All licenses and/or permissions granted in terms of this Clause 11 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by TBE at any time without giving reasons therefore.
5.6 The User hereby agrees not to use the Website and services for any purpose that is unlawful, improper or prohibited by these Terms and Conditions.
5.7 The User agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of TBE.
5.8 The User agrees not to modify, change or amend the content of the TBE’S Website content in whole or in part, in any manner whatsoever.
5.9 The User guarantees that he/she is older than 18 (eighteen) years.
5.10 The User agrees that it will only use this Website, the information contained thereon and the online services in respect of the specific purposes for which it is created for.
5.11 In using the Website, information or online services, the User will not:
5.11.1 disrupt or interfere with any other User’s enjoyment of such services or materials or any affiliated or linked sites,
5.11.2 upload, post, e-mail or otherwise transmit any viruses or other harmful, disruptive, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racial, ethnical or destructive files or content;
5.11.3 create a false identity;
5.11.4 use or attempt to use another’s account, password, service or system without authorisation from TBE;
5.11.5 access or attempt to access any service or content which the User is not authorised to access;
5.11.6 disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;
5.11.7 conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other similar activities.
6 HYPERLINKS TO AND FROM THIRD PARTY WEBSITES
6.1 The Website may produce search results or alternatively link you to other websites on the internet. The aforesaid Websites may further contain information that may be viewed as offensive or inappropriate to certain demographics. TBE hereby confirms that any search results produced or links to third party or external Websites are not under the control of TBE, and you hereby acknowledge that TBE is not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of the aforesaid third party of external Websites. Any links to third party or external Websites may not be construed as TBE endorsement of any or all of the aforesaid Websites content or as associations with its operators.
6.2 Hyperlinks to the Website from any other source will be directed at the home page of the Website. TBE will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Persons that wish to link to content beyond the home page of the Website will do so at their own risk and indemnify TBE against any loss, liability or damage that may result from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website.
7 ELECTRONIC COMMUNICATIONS
7.1 When the User visits the Website and the User completes a web form to request information or when the User sends an e-mail to TBE, and does not explicitly request a non-electronic communication medium, the User consents to receiving communications from TBE electronically and agrees that all agreements, notices, disclosures and other communications sent by TBE satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.
7.2 The User acknowledges and accepts that the action to click on specified buttons on certain web forms on TBE’s sites may constitute an expression of intent or other statement.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Save for materials obtained from, or supplied by, Entrepreneurs and Advertisers, all content included on the Website, including the photographs, text, graphics, logos, trademarks, buttons, images, icons, databases and software, are the property of TBE and are protected by South African and international copyright and trade mark laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of the TBE Website and is protected by South African and international copyright laws.
8.2 TBE will not be liable for any claim by a third party for copyright or trade mark infringement by the Entrepreneur, Investor or any other third party.
8.3 The User will, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this Website, and not, other than for his personal and non-commercial use, mirror or cache information provided via this Website on his own server or other computer or other storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this Website, without prior written permission of TBE, unless as per licence granted in Clause 6.14 above.
8.4 The TBE trade marks reflected on the Website are the exclusive property of TBE. Unauthorised use of these trademarks is prohibited. Full details of the trademarks as reflected on the South African Trade Marks Register are available upon request.
9 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the 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 TBE has the duty to disclose the following information:
9.1 The full name and legal status of the Website owner: TBE THE BUSINESS EXCHANGE (Pty) Ltd
9.2 Registration Number: 2014/153420/07
9.3 VAT Registration number: N/A;
9.4 Street address: 150 RIVONIA ROAD, SANDTON,2057
9.5 Postal address: AS ABOVE
9.6 Physical address for receipt of legal service: AS ABOVE
9.7 Telephone Number 0115662000
9.8 Directors: View directors on the Website
9.10 Subject to urgent and/or interim relief, all disputes regarding:
9.10.1 access to the Website;
9.10.2 the inability to access the Website;
9.10.3 the services and content available from the Website; or
9.10.4 these Terms and Conditions, will be referred to below.
10 CHANGES AND AMENDMENTS
TBE expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
10.1 change these Terms and Conditions and the User of the Website can review the most current version of these Terms and Conditions at any time by accessing the “Terms and Conditions” link of the Website. In addition, when using particular Website information, the User of the Website may be subject to any posted guidelines or rules applicable to such services which may be posted from time to time;
10.2 change the content and/or services available from the Website;
10.3 discontinue any aspect of the Website or service(s) available from the Website; and/or
10.4 change the software and hardware required to access and use the Website.
11 WEBSITE SECURITY
11.1 TBE will take all reasonable steps to secure the content and confidential application and business plans submitted to the Website, and the information provided by and collected from Users, from unauthorised access and/or disclosure. However, TBE does not make any warranties or representations that content will be 100% safe and secure.
11.2 TBE is under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.
11.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Website or the server and computer network that support the Website.
11.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, will, without any limitation, indemnify and hold TBE harmless against any and all liability, damages and losses TBE and its partners / affiliates may suffer as a result of such damaging code.
11.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Website and TBE reserves the right to claim damages from any and all persons concerned with a security failure or breach.
12 ENTIRE AGREEMENT AND SEVERABILITY
12.1 These Terms and Conditions (which may be amended from time to time) constitute the entire agreement between TBE and the User and will take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by TBE from the User.
12.2 Any failure by TBE to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
12.3 In the event that any Term and/or Condition detailed herein are found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining terms and conditions. The remaining terms and conditions will remain enforceable and applicable.
13 INTERNATIONAL USE
TBE at no time makes any representation, whether directly or indirectly, expressly or tacitly that any materials available on this Website are appropriate for use outside of the Republic of South Africa. Any access to materials on this Website, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa. The User hereby consents to the jurisdiction of the courts in Johannesburg in respect of any dispute arising in connection with this Website and which cannot be settled on the basis described above.
16 LEGAL COSTS
TBE will not be liable for costs incurred by Users to obtain professional advice relating to these Terms and Conditions.
LAST UPDATED 16th November 2014