TERMS AND CONDITIONS OF USE
These Terms and Conditions of use (“Terms”) apply to the user’s access to the SATDI’s (“SATDI”) website, web application or mobile app (hereinafter collectively referred to as “the website”) and to any of the services (“the services”) provided therefrom.
By continuing to access and make use of this website, the user accepts and confirms that:
- he/she has read these Terms;
- he/she understands the rights and obligations set out in these Terms;
- if he/she is accessing this website in a representative capacity, that he/she is duly authorised to act on behalf of the person (juristic / natural) that he/she represents
- he/she grants to the SATDI the rights set out in these Terms.
Should the user not accept the Terms, his/her only right or remedy is to discontinue accessing the website and from making use of any of the services provided therefrom.
- USE AND COPYRIGHT
- The user may view, copy, download to a local drive, and print the content of the website, or any part thereof, provided that:
- such content is used for non-commercial purposes only;
- may not infringe on the SATDI’s intellectual property rights or the intellectual property rights of third parties, or the rights of other users relating to the protection of their personal information and all copies must include the following copyright notice: © SATDI. ALL RIGHTS RESERVED and
- the use of the content is in accordance with these Terms.
- The user may not, directly or indirectly, do any of the following:
- perform any action that violates these Terms or any guidelines or policies posted by the SATDI;
- use the website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
- perform any action which is illegal, fraudulent or violates or infringes any of the SATDI’s rights or the rights of third parties, including intellectual property rights;
- copy, upload, download or share material unless he/she has the lawful right to do so;
- use any technology or other means to access, index, frame or link to the services (including the content) in a way that is not expressly authorized by the SATDI;
- impersonate or misrepresent his/her affiliation with any person (any reference to person herein shall include both natural and juristic or legal persons);
- send unsolicited communications, promotions, advertisements or spam;
- interfere with any other person’s use and enjoyment of the services, the website, or the content.
- Any restrictions on the use of the website or the content shall also apply to any part of the website or the content which may be cached when using the website or the content.
- INTELLECTUAL PROPERTY RIGHTS
- The content made available through the website is owned by, or licensed to the SATDI, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to the user herein, all the SATDI’s rights, including intellectual property rights, in content displayed on the website, are expressly reserved.
- The user must not use the website or the content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of the SATDI’s rights (including the intellectual property rights), the rights of its licensors, users or any third party.
- All intellectual property rights, including all rights, title and interest in and to the website and content, of whatsoever nature existing now and, in the future, remain the SATDI’s absolute property and that of its licensors.
- The user will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the website or the content other than those rights expressly granted to the user in these Terms.
- Where any of the content has been licensed to the SATDI’s or belongs to any third party, the user’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the user hereby agrees to comply with such third party terms and conditions.
- The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
- It is the sole responsibility of the user to satisfy him/herself prior to accessing this website that the website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the SATDI or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- The SATDI makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this site are accurate, complete, free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any particular criteria of performance or quality. The SATDI may make changes to the material on the website at any time without notice. The material on the website may be out of date, and in this regard, The SATDI makes no commitment to update such material. This site is provided ‘as is’. Accordingly, to the maximum extent permitted by law, the website is provided on the basis that the SATDI expressly excludes all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, accuracy, availability or functionality of the website or content.
- The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to the SATDI via this website. Any communications or data message that a user sends to the SATDI will be regarded as having been received by the SATDI when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with the SATDI. The SATDI shall not be liable for any failure to respond.
- The SATDI has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user’s information.
- Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data.
- It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the SATDI should suffer any damage or loss, civil damages will be claimed.
- The user remains responsible for ensuring that he/she maintains the confidentiality and/or protection from compromise (e.g. lost, stolen, used wrongfully, or used by any other person) of any personal identification number (PIN) and/or digital identity (e.g. digital certificate) that may be issued to him/her and used, amongst other things, to log on to or to identify him/her to the website and that he/she shall be fully responsible for all activities that occur when the PIN code or digital identity, as the case may be, is used, with or without his/her knowledge.
- Under no circumstances may the user permit or otherwise allow any other person to use the user’s pin code and/or digital identity. Only the user is authorised to use the pin code and/or digital identity issued to him/her. The use of the user’s pin code and/or digital identity by any other person compromises the integrity thereof and requires such pin code and/or digital identity to be revoked. further use by the user of a compromised pin code and/or digital identity is not permitted, and the user is required to apply to be re-issued with a new PIN code and/or digital identity.
- ACCESS TO AND AVAILABILITY OF WEBSITE
- Whilst the SATDI will endeavour to ensure that the website is normally available 24 hours a day, it shall not be liable if the website is unavailable for any reason.
- Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the SATDI’s control.
- The SATDI will not be responsible for the user’s inability to access the website, services and content due to limitations specific to the user’s personal computers, mobile phones, and other similar devices (“Access Device”). To access the content, the user must have an Access Device, which is able to connect to the Internet and to receive content.
- The user, at his/her own cost, is responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the Internet or to use the service.
- The SATDI is not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by the user or the owner of the Access Device.
- LINKS TO AND FROM THIRD-PARTY WEBSITES
- The website and content available on or through the website may contain links to other third-party websites, which are completely unrelated to the SATDI or its website. The inclusion of any link does not imply the SATDI’s endorsement of such sites. Should the user link to third-party websites, the user may be subject to those third-party websites’ terms and conditions and other policies. The SATDI does not control, and is not responsible for, these websites or their content or availability. It therefore does not endorse nor makes any representations about them, or any material found there, or any results that may be obtained from using them.
- Should the user decide to access any of the third-party websites linked to the website, the user does so entirely at his/her own risk.
- The SATDI is not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked websites or any links contained in a linked website.
- Any third-party website may link to the website provided that such a link is directed at the home page of the website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the website, without the SATDI’s prior written approval.
- It is expressly prohibited for any person, business, entity, or website to frame any page on the website, including the home page, in any way whatsoever, without the SATDI’s prior written approval.
- DATA PROTECTION
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, the SATDI shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or the services or content provided from and through the website.
- Neither the SATDI nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third-party products or services, or from the use of or inability to use any third-party products or services linked to from, or advertised on the SATDI’s website.
- The SATDI shall not be held liable for any comments or postings made by the user on any of its social media platforms. The SATDI does not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
- The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), the SATDI or any of the legal entities in respect of which information are contained on this site, or employees of the SATDI or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising from the use or inability to use this website or the services or content provided from and through this website.
- When using the services, the user is and shall at all times remain, solely responsible for:
- the user’s conduct;
- the content of the information and material provided by the user;
- maintaining and backing up of the user’s information and material;
- loss or corruption of the user’s information and material;
- the user’s electronic communications;
- what the user copies, shares, uploads, downloads or otherwise use or share with others;
and the user agrees to indemnify, defend and hold the SATDI harmless against all legal costs, charges, loss or damage which the SATDI may sustain as a result of any of the aforesaid for which the user is responsible whilst using the services.
- As far as the law allows, the user hereby indemnifies the SATDI and agrees to hold it, its affiliates and suppliers harmless against any loss, liability, costs, and damages which the SATDI or its suppliers and/or affiliates may suffer, where the claim results from:
- the user’s use and access to the website, content and/or the services;
- The user infringing or misusing any rights of any persons, including intellectual property rights in relation to the website or content;
- the user’s violation of these Terms; or any comments or postings the user may make on any of the SATDI’s social media platforms.
- In certain instances the SATDI or other persons or entities may have claims for damage caused by the user, for example, where the user infringes upon the intellectual property rights of others, makes defamatory, threatening, or discriminatory comments of social media, or violates any of these Terms. The user hereby agrees to take on responsibility and liability for such losses and damages that the SATDI or other persons or entities may suffer. The user will not be able to take action against the SATDI if he/she should suffer losses or damages in these circumstances.
- NO AGREEMENT
Nothing contained herein creates or is intended to create a contract or agreement between the SATDI and any user visiting the website.
These terms and conditions of use constitute the entire professional or other relationship between the SATDI and the user of this website. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
- UPDATING THESE TERMS AND CONDITIONS
The SATDI reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions of use at this 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 of use, including such changes or updates.
Any failure by the SATDI to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
- APPLICABLE AND GOVERNING LAW
The website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use of the website, as well as the provisions of these Terms.
- Introduction and scope
- The SATDI is committed to protecting and respecting the user’s privacy. It strives to ensure that its use of the Personal Information is lawful, reasonable, and relevant to its business activities.
- Defining Personal Information
- “Personal Information” includes information the user provides to the SATDI when the user signs up to the website or is otherwise uploaded by the user onto the website, or automatically when the user visits the website or use the SATDI’s services. Personal information does not include de-identified or anonymous information. The SATDI may also collect mainly analytical data, including from cookies, web beacons and the user’s browser directly. The user may be requested to provide the following information to the SATDI when the user signs up to the website or thereafter:
- Business details, including but not limited to, name of the business, industry, location, services provided, registration number, VAT registration number, B-BBEE status; and
- Certificates, including but not limited to, CIPC certificate, tax clearance certificate, B-BBEE certificate/affidavit, letter of good standing, Code of Ethics, ISO certificate(s), the business’ turnover, B-BBEE ownership, B-BBEE female ownership, business type (EME, QSE or GEN); and
- Contact information, including but not limited to, telephone number, e-mail address, physical and postal address and the business’ website details; and
- Contact information for business’ point of contact, technical advisor and sales representative.
- Other information which might be Personal Information may include:
- “Access Device and Device event information”: The SATDI may collect information such as the user’s IP address, unique device identifier, the nature of the Access Device which the user used to access the website (e.g. a tablet or smart phone), the geographic location from which the user accessed the website (i.e. the geographic location of the Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
- “log information”: When the website is used, the SATDI may automatically collect and store certain information in server logs (i.e. the web servers automatically record and maintain a log of their activities when users access the website , which may include the user’s “site activity information”, such as details of how, when and for how long the user accessed the website, what links the user went to, what content the user accessed, the amount of content viewed and the order of that content and the amount of time spent on the specific content;
- “profile information”: The SATDI may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the website;
- “location information”: The SATDI may use various technologies to determine the user’s actual location, such as geographical data from the Access Device (which is usually based on the GPS or IP location).
- Some of the information that the SATDI receives is Personal Information, and some is non-personal information that becomes personal. In some circumstances the SATDI will de-identify, anonymise or segregate information so that it may make use of it in aggregate form without treating it as Personal Information.
- When will Personal Information be processed?
- In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
- the user registers on the website and creates a profile;
- the user uploads information onto the website;
- the user accesses, browses or make use of the Website, and/or the services;
- the user streams, accesses or make use of the content;
- the SATDI provides the Service to the user;
- the user contacts the SATDI, by email or telephonically;
- the SATDI carries out demographic research; and
- the user submits his/her Personal Information to the SATDI for any other reason, or authorise third parties to do so.
- How Personal Information will be collected
- The SATDI collects the user’s Personal Information in various ways, namely actively from the user, passively from the user’s Access Device when the Website is used or from the SATDI’s affiliates and third-party service providers.
- Active collection:
- the instances set out in paragraph 3 above.
- If the user contacts the SATDI, it may keep a record of that correspondence.
- Collection from the Access Device
- The SATDI passively collects some of the user’s Personal Information from the Access Device which is used to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
- A cookie is a small piece of data (an alphanumeric identifier) which the SATDI’s computer system transfers to the Access Device through its web browser when the user visits the Website, and which is stored in the user’s web browser. When the user visits the Website, the cookie allows the site to recognise the user’s browser. Cookies may store user preferences and other information.
- The information which the SATDI may passively collect from the Access Device may include the user’s identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which the user permit the SATDI, from time to time, to passively collect from the Access Device.
- Use of Personal Information
- The SATDI uses the information collected to provide, maintain, and improve the services, to develop new services, and to protect itself, its services and its users. The SATDI constantly strives to improve its users’ experience, and it therefore also uses the information collected to offer more relevant information and content.
- The use of Personal Information may relate or be required to:
- allow other users on the website to view the user’s profile;
- to retain and make available to the user information on the Website;
- to establish and verify the user’s identity on the Website;
- fulfil the user’s requests for certain Services;
- diagnose and deal with technical issues and support queries and other user queries, such as problems with the server, determine the optimal and fastest route for the Access Device to use in connecting with the website, and administer, maintain and secure the website;
- provide the user with the latest information about the services, subject to the user’s communications preferences;
- to communicate with the user and maintain records of such communications, including to inform the user about any changes to the website and services or any other changes;
- compile non-personal statistical information about browsing habits, click patterns and access to the website;
- improve the website, analyse trends and administer the website, including requesting feedback on content and the services;
- fulfil any contractual obligations the SATDI may have;
- improve the user’s experience and the overall quality of the services;
- for security, administrative and legal purposes; and
- other activities not specifically mentioned which are lawful, reasonable, relevant to the SATDI’s business activities and the minimum necessary and adequate in order for it to provide the website and the services.
- Sharing of Personal Information
- The SATDI will not intentionally disclose any of the Personal Information to third parties, except:
- where the user has granted permission to do so;
- for the purposes of the SATDI’s legitimate business interests, or
- where the SATDI is required to do so in terms of applicable law or regulation.
- The user hereby expressly agrees that his/her Personal Information may be shared under the following circumstances:
- with other users who wish to view the user’s profile;
- with the SATDI’s employees, contractors and agents if and to the extent that they need to know that information in order to process it and/or to provide services for or to the SATDI, such as site hosting, development and administration, technical support, marketing services and other support services;
- in order to enforce or apply the Terms;
- in order to protect the SATDI’s rights, property or safety or that of other users, employees, contractors, agents and any other third party;
- in order to mitigate any actual or reasonably perceived risk to the SATDI, other users, employees, contractors, agents or any other third party; and
- with governmental agencies, exchanges and other regulatory or self-regulatory bodies if the SATDI is required to do so by law or if the SATDI reasonably believes that such action is necessary.
- The SATDI may use the Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to the user by a third party.
- The SATDI will obtain the user’s permission before disclosing his/her Personal Information to any third party for any other purpose.
- The user may not use any of the SATDI’s services or visit the website unless he/she accepts this policy.
- Storage and transfer of your Personal Information
- The Personal Information is stored on the SATDI’s servers and/or on third party servers.
- The SATDI reserves the right to transfer to and/or store the Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
- If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, the SATDI will take reasonably practicable steps to ensure that the Personal Information is adequately protected in that jurisdiction.
- Although absolute security cannot be guaranteed on the Internet, the SATDI takes reasonable technical and organisational security measures to protect the Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information that it processes online.
- While the SATDI cannot ensure or warrant the security of any Personal Information provided to it, it will continue to maintain and improve these security measures over time in line with legal and technological developments.
- Retention of the Personal Information
- The SATDI may retain all Personal Information that it collects so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for it to delete, destroy or de-identify it.
- Further, the SATDI may keep some of the Personal Information for as long as it is required by law, a code of conduct or reasonably required for lawful purposes related to its functions and activities; or for evidentiary purposes or where the user agrees to the SATDI keeping it for a specific period.
- Keeping the Personal Information updated and correct
- To the extent required by law, the SATDI will take steps to ensure that the Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
- The user must inform the SATDI if he/she believes that any information collected is incorrect, incomplete, misleading, or out of date.
- The user may request that the Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by the SATDI in terms of any applicable law.
- Third party sites
- The SATDI is not responsible for the privacy practices of a third-party site to which there may be a link on the Website, and/or any content on the website.
- Direct marketing
- When the user uses the website, and/or the services he/she may receive marketing communications from the SATDI.
- The user may refuse to accept, require the SATDI to discontinue, or pre-emptively block any approach or communications from the SATDI if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
- The user may opt out of receiving direct marketing communications from the SATDI at any time by requesting it (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to the user.
- If the user has opted-out, the SATDI may send him/her written (which may include electronic writing) confirmation of receipt of the opt-out request, and not send him/her any further direct marketing communications.
- The user may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If he/she does so, the SATDI will not send him/her direct marketing communications unless he/she has expressly consented to receiving direct marketing communications from the SATDI.
- CPA, POPI and other laws
- does or purports to limit or exempt the SATDI from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by it) to the extent that the law does not allow such a limitation or exemption;
- requires the user to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- Governing law
Your privacy is important to us. It is (South African Training and Development Institute) SATDI’s policy to respect your privacy regarding any information we may collect from you across our website, http://nationaltendercouncil.co.za/, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 21 January 2020.