PODSOUTHAFRICA.COM

Website Terms & Conditions
DEFINITIONS AND INTERPRETATION 1. "PODSOUTHAFRICA.COM website" means the PODsouthafrica.com site located at http://www.PODsouthafrica.com and includes any part or element thereof
2. "PODSOUTHAFRICA.COM services" means the electronic interchange of documents and payments relating to information with PODsouthafrica.com.
3. "PODSOUTHAFRICA.COM" means Point Of Destination.
4. "Submit" means the action whereby the PODSOUTHAFRICA.COM data or any related data message is physically approved for transmission and processing by PODSOUTHAFRICA.COM.
5. "User" means any person who enters or uses the PODsouthafrica.com website, notwithstanding the fact that such a person only visited the home page of the PODsouthafrica.com website.
6. "Data message" means data generated, sent, received or stored by electronic means and includes:
• Voice, where the voice is used in an automated transaction.
• A stored record.
7. References herein to the singular includes the plural and vice versa.
8. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed 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, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL The PODsouthafrica.com website provides users with various services.

2. ALLOWED USE AND LICENSE 2.1 PODsouthafrica.com licenses the User to view, download and print the content of the PODsouthafrica.com website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the PODsouthafrica.com website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of PODsouthafrica.com.
2.3 The caching of the PODsouthafrica.com website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the PODsouthafrica.com website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by PODsouthafrica.com.
2.5 If any User uses content from the PODsouthafrica.com website in breach of the provisions detailed herein:
2.5.1 PODsouthafrica.com reserves the right to claim damages from the User;
2.5.2 PODsouthafrica.com reserves the right to institute criminal proceedings against the User; and
2.5.3 PODsouthafrica.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the PODsouthafrica.com website from any other source shall be directed at the home page of the PODsouthafrica.com website. PODsouthafrica.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the PODsouthafrica.com website, if such content was accessed through a hyperlink not directed at the home page of the PODsouthafrica.com website. Persons that wish to link to content beyond the home page of the PODsouthafrica.com website shall do so at their own risk and indemnify PODsouthafrica.com against any loss, liability or damage that may result from the use of content from the PODsouthafrica.com website, if such content was accessed through a hyperlink not directed at the home page of the PODsouthafrica.com website. PODsouthafrica.com's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the PODsouthafrica.com website only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the PODsouthafrica.com website, in any manner whatsoever, without the prior written consent of PODsouthafrica.com.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the PODsouthafrica.com 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 PODsouthafrica.com website for any purposes, without the prior written consent of PODsouthafrica.com.
2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by PODsouthafrica.com at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE 3.1 All intellectual property on the PODsouthafrica.com website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to PODsouthafrica.com 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 PODsouthafrica.com website are expressly reserved.
3.2 Users agree not to use the trade names "PODSOUTHAFRICA.COM" as elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to PODsouthafrica.com at the cost of the User.
4. SOFTWARE AND EQUIPMENT It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, lines and access accounts to access the Internet and the PODsouthafrica.com website and/or download content from this website.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT Access to the services, content, software and content downloads available from the PODsouthafrica.com 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 PODsouthafrica.com has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: PODSOUTHAFRICA.COM South Africa (PODSOUTHAFRICA.COM)
5.2 Street address: 5 Otto Close, Tokai, 7945, Cape Town, South Africa.
5.3 Postal address: 5 Otto Close, Tokai, 7945, Cape Town, South Africa.
5.4 Physical address for receipt of legal service: 5 Otto Close, Tokai, 7945, Cape Town, South Africa.
5.5 Main business: Provide an interactive online social network targeted at the travel industry in South Africa.
5.6 The website address of the PODsouthafrica.com website is: http://www.PODsouthafrica.com
5.7 The official e-mail address of the PODsouthafrica.com website is: info@PODsouthafrica.com
5.8 Membership of self-regulatory or accreditation bodies: None;
5.9 Codes of conduct to which the PODsouthafrica.com website subscribes: None;
5.10 Users may lodge complaints concerning the PODsouthafrica.com website with PODsouthafrica.com at info@PODsouthafrica.com
5.11 Alternative dispute resolution: Subject to urgent and/or any interim relief, all disputes regarding additional data and/or interest and/or penalties imposed as a result of any default in furnishing any return or information resulting from -
5.11.1 access to the PODsouthafrica.com website;
5.11.2 the inability to access the PODsouthafrica.com website;

6. CHANGES AND AMENDMENTS 6.1 PODsouthafrica.com expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1.1 subject to clause 6.3 below, change these terms and conditions;
6.1.2 change the content and/or services available from the PODsouthafrica.com website;
6.1.3 discontinue any aspect of the PODsouthafrica.com website or service(s) available from the PODsouthafrica.com website; and/or
6.1.4 change the software and hardware required to access and use the PODsouthafrica.com website.
6.2 In view of the possibility of the amendments and changes contemplated in this clause, the terms and conditions of these services should be regularly checked, and if you access PODSOUTHAFRICA.COM Southafrica' services on this website, you are deemed to have agreed to such amended and/or changed terms and conditions, subject to clause 6.3 below.
6.3 Where a written mandate has been obtained on or before the date of the changes to clause 17.1 of the previous terms and conditions or any changes to clause 17.1.1, such changes shall only take effect in respect of that mandate 3 (three) months after the date such changes are effected on the website.

7. PRIVACY 7.1 PODsouthafrica.com shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/page.php?rep_id=471
7.2 PODsouthafrica.com may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address;
7.2.5 IP address;
7.2.6 User selected username and password.
7.3 PODsouthafrica.com collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this website; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the PODsouthafrica.com website.
7.4 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.
7.5 PODsouthafrica.com may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 PODsouthafrica.com shall not disclose personal information from Users unless the User consents thereto;
7.5.2 PODsouthafrica.com shall disclose information without the User's consent only through due legal process; and
7.5.3 PODsouthafrica.com may compile, use and share any information that does not relate to any specific individual.
7.6 PODsouthafrica.com owns and retains all rights to non-personal statistical information collected and compiled by PODsouthafrica.com.

8. HYPERLINKS TO THIRD PARTY SITES 8.1 PODsouthafrica.com may provide hyperlinks to websites not controlled by PODsouthafrica.com (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2 PODsouthafrica.com 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.

9. SECURITY 9.1 PODsouthafrica.com shall take all reasonable steps to secure the content of the PODsouthafrica.com website and the information provided by and collected from Users from unauthorised access and/or disclosure.
9.2 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the PODsouthafrica.com website or the server and computer network that support the PODsouthafrica.com website.
9.3 Notwithstanding criminal prosecution, any person who delivers any damaging code to the PODsouthafrica.com website, whether on purpose or negligently, shall, without any limitation, indemnify and hold PODsouthafrica.com harmless against any and all liability, damages and losses PODsouthafrica.com and its partners / affiliates may suffer as a result of such damaging code.
9.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the PODsouthafrica.com site and PODsouthafrica.com reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.5 Users may not interfere with data or services in any way to cause data or services to be modified, destroyed or otherwise rendered ineffective (e.g. denial of service attacks).
9.6 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 PODsouthafrica.com and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/page.php?rep_id=473

10. DISCLAIMER AND LIMITATION OF LIABILITY 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, PODsouthafrica.com (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-
10.1.1 access to the PODsouthafrica.com website;
10.1.2 access to websites linked to the PODsouthafrica.com website;
10.1.3 inability to access the PODsouthafrica.com website;
10.1.4 inability to access websites linked to the PODsouthafrica.com website;
10.1.5 content available on the PODsouthafrica.com website;
10.1.6 services available from the PODsouthafrica.com website;
10.1.7 downloads and use of content from the PODsouthafrica.com website;
10.1.8 any other reason not directly related to PODsouthafrica.com's gross negligence.
10.2 The PODsouthafrica.com 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 himself or herself, prior to entering into this agreement with PODsouthafrica.com, that the content available from and through the PODsouthafrica.com website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the PODsouthafrica.com website should not be regarded as professional advice or the official opinion of PODsouthafrica.com and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the PODsouthafrica.com website.
10.4 PODsouthafrica.com does not make any warranties or representation that content and services available from the PODsouthafrica.com website will in all cases be true, correct or free from any errors. PODsouthafrica.com shall take all reasonable steps to ensure the quality and accuracy of content available from the PODsouthafrica.com website.
10.5 PODsouthafrica.com does not make any warranties or representations that the PODsouthafrica.com website shall be available at all times. Users acknowledge that the PODsouthafrica.com website may be unavailable due to updates or other causes beyond the reasonable control of PODsouthafrica.com, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".

11. REMOVAL AND CORRECTION OF CONTENT Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the PODsouthafrica.com website to PODsouthafrica.com and PODsouthafrica.com 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.

12. INTERCEPTION OF COMMUNICATIONS 12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to PODsouthafrica.com's right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the PODsouthafrica.com website, its staff and employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY 13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between PODsouthafrica.com and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by PODsouthafrica.com from the User.
13.2 Any failure by PODsouthafrica.com 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 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.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT The User and PODsouthafrica.com agree that: 14.1 The User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the PODsouthafrica.com website for the first time or immediately after the User indicated consent as required in Content Usage Agreement.
14.2 Data messages (as defined in the ECT Act) addressed by the User to PODsouthafrica.com shall only be deemed to have been received if and when responded to and/or acknowledges receipt.
14.3 Data messages (as defined in the ECT Act) addressed to the User by PODsouthafrica.com shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act.
14.4 Data messages (as defined in the ECT Act) addressed by the User to PODsouthafrica.com shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa.
14.5 All electronic communications between the User and PODsouthafrica.com is valid and legally binding regardless of whether security mechanisms are applied or not (e.g. electronic signatures and encryption).
14.6 The User agrees and warrants that data messages that are sent to PODsouthafrica.com from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. APPLICABLE AND GOVERNING LAW Subject to clause 5.15, the PODsouthafrica.com 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 PODsouthafrica.com website, its content, services and these terms and conditions.

16. LEGAL COSTS PODsouthafrica.com shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

17. CONDITIONS OF USE OF THE PODSOUTHAFRICA.COM SERVICE 17.1 By submitting any information to the PODsouthafrica.com website service, PODsouthafrica.com confirms that, to the best of their knowledge, such information is correct and complete.
17.2 USER NAME AND PASSWORD
17.2.1 On registration with PODsouthafrica.com the User will create a user name and password by such means in such format as PODSOUTHAFRICA.COM may determine from time to time.
17.2.2 The User undertakes to ensure that the user name and password are neither easily accessible nor disclosed to anyone. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
17.2.3 The User undertakes to report any compromise or unauthorised disclosure of the username and/or password to PODsouthafrica.com, without delay, via the support desk at PODsouthafrica.com. On receipt of notification, PODsouthafrica.com reserves the right to deactivate the username and/or password without further notice.
17.2.5 PODsouthafrica.com may at its sole discretion and for whatever reason require a User to change their username and/or password from time to time and the User undertakes to unconditionally comply with such a requirement.
17.3 DATA INFORMATION
17.3.1 Where the User is not acting as an agent on behalf of any other person as contemplated in clause 17.1.1, such User acknowledges that they are solely responsible for the accuracy and correctness of all information submitted to PODSOUTHAFRICA.COM.com.
17.3.2 PODSOUTHAFRICA.COM will verify the information to ensure that it is in the correct format for submission to PODSOUTHAFRICA.COM.
17.4 PAYMENT AND RELATION TO PODSOUTHAFRICA.COM
17.4.1 As part of its service offering, PODSOUTHAFRICA.COM will co-operate with various banks (the "bank") to enable the User to make any payments due to PODSOUTHAFRICA.COM.
17.4.2 The User understands that they enter into a direct agreement with the bank and that PODSOUTHAFRICA.COM is not a party to that agreement.
17.5 UNAVAILABILITY OF PODSOUTHAFRICA.COM SERVICES
17.5.1 PODSOUTHAFRICA.COM shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the PODSOUTHAFRICA.COM services without any prior notification or nor provide any reason for such termination or suspension. However, without prejudice to the foregoing, PODSOUTHAFRICA.COM will not exercise its rights in terms of this clause without just cause.
17.5.2 The user acknowledges and accepts that the PODSOUTHAFRICA.COM service may become unavailable from time-to-time due to various circumstances, including:
17.5.2.1 Technical failure or problems with PODSOUTHAFRICA.COM.
17.5.2.2 Infrastructure: technical problems with third party information technology systems.
17.5.2.3 Unavailability of telecommunication or electricity services.
17.5.2.4 Other circumstances beyond the control of PODSOUTHAFRICA.COM.
17.5.3 Without derogating from the provisions of this clause, the user undertakes to limit their potential losses caused by any unavailability of the Services by making use of alternative methods of submitting their data returns.

Last revision of terms and conditions: 23 November 2007
© 2007 All rights not expressly allowed are reserved.