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Terms of Use

Last Updated Thursday, March 8, 2012 04:05:16 PM

1. Acceptance of terms of use

The South African Institute of Chartered Accountants and its affiliates (collectively "SAICA") authorises you to use this website subject to the terms and conditions below ("the Terms and Conditions"). By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this website if you do not agree to the Terms and Conditions.

2. Use of material

  1. Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials ("materials") that are part of the SAICA website are copyrights, trade marks, trade dress and/or other intellectual properties owned, controlled or licensed by SAICA.
  2. You may copy, reproduce, frame, hyperlink, republish, upload, post, transmit or distribute any material from this website and recognise SAICA for providing the information.
  3. However, you may download, where specifically permitted one copy of the materials on any single computer for your personal, non-commercial use within your home or organisation only; provided that you keep intact all copyright and other proprietary notices.
  4. You may not use the SAICA logo and name as part of your business or in connection with any goods or services you provide without SAICA's prior written consent.
  5. You may not use this website to obtain or distribute:
    1. copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner of the intellectual property rights in such material;
    2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
    3. material which is defamatory, unlawful or contains hate speech; or
    4. bulk e-mail, whether solicited or unsolicited.
  6. You are strictly forbidden from using any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained herein.
  7. You must not interfere with or jeopardise the functionality or the operation of any part of this website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website.
  8. You are strictly prohibited from using this website for "spoofing", "hacking", "flaming", "cracking" or "spamming".
  9. You may not intercept any information transmitted to or from SAICA or this website.
  10. You must respect other users of this website at all times.

3. Information on this website is not advice and should not be relied on by you.

  1. SAICA has prepared the information contained on this website as a service to its readers and the Internet community.
  2. The material contained on this website is for information only and does not constitute advice or a recommendation of any nature.
  3. SAICA has used reasonable effort in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website or any site or website. By using the information from the SAICA website or any link to any other website you do so at your own risk.
  4. You acknowledge that any assessment or reflection of the performance of SAICA or any other third party does not mean that such performance will be repeated or should be relied upon in any way.
  5. Any reference SAICA makes to any specific commercial product service or process, (or provider of such product, process or service), by trade name trade mark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by SAICA.
  6. Content on the SAICA website may be provided by third parties and users. Any opinions, advice, statements, services, office or other information expressed or made available by a third party, including information providers, users or others are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SAICA.

4. Change of material

  1. Any views or statements made or expressed on this website are not necessarily the views of SAICA, affiliates, employees, servants and/or agents.
  2. Any of the information on this website may be changed by SAICA without notice.
  3. SAICA reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. Your continued use of the SAICA website following the posting of changes to these Terms and Conditions will mean you accept those changes.

5. General Disclaimer

  1. SAICA provides the materials in the websites "AS IS" and without warranties of any kind either express or implied.
  2. While SAICA attempts to ensure that the contents of this website are accurate and complete, SAICA makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
  3. Any person who relies on this website or on the information contained in this website does so at her own risk.
  4. SAICA does not warrant that the functions contained in the materials will be uninterrupted or error free, that these sets will be corrected, that the SAICA website or the server(s) that make the SAICA website available are free of viruses or other harmful components.
  5. SAICA does not warrant or make any representations regarding the results of the use of the materials in the SAICA website in terms of their correctness, liability or otherwise.
  6. SAICA also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software.
  7. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network or your hardware or software.
  8. You, not SAICA, assume the entire cost of necessary, servicing, repair or correction.
  9. To the fullest extent permissible pursuant to applicable law, SAICA disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose.
  10. SAICA does not accept any responsibility for any errors or omissions on this website.

6. Exclusion of liability and Indemnity

  1. SAICA, its affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the website or any linked websites, even if SAICA has been advised of the possibility of such loss, expense, claim or damages.
  2. You hereby indemnify SAICA, its affiliates, subsidiaries, employees, servants and agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this website.

7. Intellectual Property Rights

  1. The contents of this website, including (without limitation) any software, icons, text, links, graphics, images, illustrations, designs, photographs, video clips, sound clips, button icons, advertisements, lay out, arrangements, graphical user interface, look and feel, control features, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of SAICA and/or other licensed to SAICA.
  2. Any unauthorised modification, copying, reproducing, republishing, framing, uploading to third parties, transmitting, distributing or using the contents, information or materials on this website, except as expressly provided in these Terms and Conditions or applicable intellectual property laws, is strictly prohibited.

8. Links to and from this website

  1. To the extent that the SAICA website contains links to outside services and resources, SAICA does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
  2. SAICA, its affiliates, subsidiaries, employees, servants and/or agents does not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on, any website to which this website provides a link.
  3. Despite the fact that this website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk and SAICA is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained in such other websites.
  4. You are not permitted to link or "deep link" to this website or to "frame" any part of this website, without the written permission of SAICA.

9. Member Account

If you register as a SAICA user, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify SAICA of any unauthorised use of your username and password or any other breach of security.

10. E-mail and public communication

  1. "Forum" means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of SAICA, and messages posted in connection with the SAICA discussion forum. You shall not upload to, distribute through, or otherwise publish through a Forum on this website or any other SAICA website any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
  2. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the SAICA website to join or become members of any commercial online or offline service or other organisation is expressly prohibited.
  3. Therefore, subject to the terms of the law, in general, we will not monitor or edit or disclose the contents of Forum materials unless required in the course of normal maintenance of the SAICA website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
    1. comply with the law;
    2. protect and defend the legitimate business interests, rights or property of SAICA, it's users, advertisers, customers, sponsors, advertisers or affiliates;
    3. in an emergency to protect the personal safety of our guests or the public.
  4. Users shall remain solely responsible for the content of their communications SAICA has the right but not the obligation to monitor and edit or remove any Forum communications and content.
  5. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

11. Privacy policy

Registration data and certain other demographic information about you are subject to SAlCA's privacy policy. For more information, see SAICA's full privacy policy, which is incorporated in full herein by this reference.

12. Termination

  1. SAICA shall terminate the Terms and Conditions immediately without notice if, within SAICA's sole discretion, you fail to comply with any term or provision of the Terms and Conditions.
  2. Upon termination, you must destroy all materials obtained from the SAICA website and all copies thereof, whether made under these Terms and Conditions or otherwise.
  3. SAICA may take such further action as SAICA may determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and SAICA shall not be liable for any damages of any nature suffered by any customer, user or any third party resulting in whole or in part from SAICA's exercise of its rights under these Terms and Conditions.

13. Governing Law & Jurisdiction

These Terms and Conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

14. Severability

If any one or more of the provisions of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby and shall continue in full force and affect.

 
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