THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SITEPRO WEBSITE OR ANY PART THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE SITEPRO WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

1. DEFINITIONS AND INTERPRETATION

  • “SitePro” means WANTAWEBSITE CC t/a SitePro, registration number 2005/114832/23.
  • “The SitePro website” means the SitePro website owned and operated by SitePro and located at http://www.sitepro.co.za/, including any page, part or element thereof;
  • “User” means any person who enters or uses the SitePro website, notwithstanding the fact that such a person only visits the home page of the SitePro website;
  • "Data message" means data generated, sent, received or stored by electronic means and includes: a) voice, where the voice is used in an automated transaction and b) a stored record.
  • References herein to the singular includes the plural and vice versa.

2. ALLOWED USE AND LICENSE

  • SitePro licenses the User to view, amend, download and print the content/details of the SitePro website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
  • Content from the SitePro website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SitePro.
  • E-mail addresses, names, telephone numbers and fax numbers published on the SitePro 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 SitePro website may be used to communicate unsolicited communications to SitePro and all rights detailed in article 45 of the Electronic Communications and Transactions Act 25 of 2002 are reserved.
  • All licenses and/or permissions granted in terms of this clause 2 may be terminated or cancelled by SitePro at any time without prior notice or reason.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the SitePro website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to SitePro 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 SitePro website are expressly reserved.

4. CHANGES AND AMENDMENTS

SitePro reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
  • change these terms and conditions;
  • change the content and/or services available from the SitePro website;
  • discontinue any aspect of the SitePro website or service(s) available from the SitePro website; and/or
  • change the software and hardware required to access and use the SitePro website.

5. PRIVACY

1. SitePro may electronically collect, store and use the following personal information of Users:
  • name and surname;
  • contact numbers;
  • non-personal browsing habits and click patterns;
  • e-mail address;
  • IP address.
2. SitePro collects, stores and uses the abovementioned information for the following purposes:
  • Communicate requested information to the User;
  • Provide the User with access to restricted pages on this website; and
  • Compile non-personal statistical information about browsing habits, click-patterns and access to the SitePro website.

3. Information detailed above is either provided voluntarily by the User or is collected electronically by using cookies. Users may determine cookie use independently through their browser settings.

4. SitePro may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

  • SitePro shall not disclose personal information from Users unless the User consents thereto;
  • SitePro shall disclose information without the User’s consent only through due legal process; and
  • SitePro may compile, use and share any information that does not relate to any specific individual.

5. SitePro owns and retains all rights to non-personal statistical information collected and compiled by SitePro.

6. HYPERLINKS

  • SitePro may provide hyperlinks to websites not controlled by SitePro and such links do not imply any endorsement, agreement on or support for the content of such target sites.
  • SitePro does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
  • Hyperlinks to the SitePro website from any other source shall be directed at the home page of the SitePro website. Links beyond the SitePro home page may only be used with SitePro’s prior written consent.

7. SECURITY

  • SitePro shall take all reasonable steps to secure the content of the SitePro website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SitePro does not make any warranties or representations that content shall be 100% safe and secure.
  • SitePro is under no legal duty to encrypt any content or communications from and to the SitePro website and is also under no legal duty to provide digital authentication of any page on the SitePro website.

8. DISCLAIMER AND LIMITATION OF LIABILITY

1. As far as allowed by law, SitePro (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:
  • access or inability to access to the SitePro website;
  • access or inability to access to websites linked to the SitePro website;
  • content or services available on the SitePro website;
  • downloads and use of content from the SitePro website; and/or
  • any other reason not directly related to SitePro’s gross negligence.

2. The SitePro website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements.

3. SitePro does not make any warranties or representations that content and services available from the SitePro website will in all cases be true, correct or free from any errors. SitePro shall take all reasonable steps to ensure the quality and accuracy of content available from the SitePro website.

4. SitePro does not make any warranties or representations that the SitePro website shall be available at all times. Users acknowledge that the SitePro website may be unavailable due to updates or other causes beyond the reasonable control of SitePro, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

9. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SitePro website to SitePro and SitePro 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.

10. DATA MESSAGES

The User and SitePro agree that:
  • the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the SitePro website for the first time;
  • data messages addressed by the User to SitePro shall only be deemed to have been received if and when responded to;
  • data messages addressed to the User by SitePro shall be deemed to be received by the User when it enters the information system designated or used for that purpose by the User and is capable of being retrieved and processed by the User;

11. PRICES

All prices mentioned on the SitePro website are exclusive of Value Added Tax, unless specifically stated otherwise.

12. APPLICABLE AND GOVERNING LAW

The law enforced by the South African courts governs the use or inability to use the SitePro website, its content, services and these terms and conditions. Any dispute arising out of the use or publication of this site is subject to the exclusive jurisdiction of the courts of South Africa.

13. ENTIRE AGREEMENT AND SEVERABILITY

  • These terms and conditions constitute the entire agreement between SitePro and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SitePro from the User.
  • Any failure by SitePro to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
  • 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.


Last Updated: 4 May 2006