HOUSING INVESTMENT PARTNERS (PTY) LTD
(hereinafter referred to as “HiP”)
Website Terms and Conditions
These terms and conditions are binding and enforceable against all persons that access the HiP website or any part thereof (hereinafter referred to as “the HiP website”) in terms of section 11 of the Electronic Communications and Transactions (ECT) Act, 24 of 2002.
If you do not agree to these terms and conditions you must leave the HiP website now, as further use will automatically bind you to these terms and conditions. A copy of the ECT Act may be downloaded from: http://www.internet.org.za/ect_act.html
HiP is a Fund Management Company for the Housing Investment Partners Trust, registration number IT 2152/2010 and the Vulumnyango Housing Trust, registration No.IT 2153/2010. HiP is not a financial services provider. All the content on the HiP website is provided for information purposes and in no way constitutes legal or financial advice. Users are cautioned that the site operators and owners will in no way be held liable as a result of any information provided within this website.
1. Definitions and Interpretation
1.1 “HiP website” means the HiP site located at http://hiphousing.co.za.dedi1115.jnb1.host-h.net and includes any part or element thereof;
1.2 “User” means any person who enters or uses the HiP website, notwithstanding the fact that such a person only visited the home page of the HiP website;
1.3 References herein to the singular includes the plural and vice versa; and
1.4 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.
2. Allowed Use and License
2.1 HiP licenses the User to view, download and print the contents of the HIP website, provided that such contents is used for personal, educational and/or non-commercial purposes only.
2.2 Contents from the HiP website shall not be used or exploited by Users for any commercial and non-private purpose without the prior written consent of HiP.
2.3 Users may only access and use the HiP website for lawful purposes.
2.4 The caching of the HiP website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the contents from the HiP website more efficient;
2.4.2 The cached contents is not modified in any manner whatsoever;
2.4.3 The cached contents is updated at least every 12 (twelve) hours; and
2.4.4 The cached contents is removed or updated when required by HIP.
2.5 If any User uses contents from the HiP website in breach of the provisions detailed herein:
2.5.1 HiP reserves the right to claim damages from the User;
2.5.2 HiP reserves the right to institute criminal proceedings against the User; and
2.5.3 HiP shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such contents by the User or any third party who obtained any contents from the User.
2.6 Hyperlinks to the HIP website from any other source shall be directed at the home page of the HIP website. HIP shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of contents from the HIP website, if such contents was accessed through a hyperlink not directed at the home page of the HIP website. Persons that wish to link to contents beyond the home page of the HIP website shall do so at their own risk and indemnify HIP against any loss, liability or damage that may result from the use of contents from the HIP website, if such contents was accessed through a hyperlink not directed at the home page of the HIP website. HIP’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 contents available from the HiP website only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the HiP website, in any manner whatsoever, without the prior written consent of HIP.
2.9 Apart from bona fide search engine operators and use of the search facility provided on the HiP 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 contents from the HIP website for any purposes, without the prior written consent of HIP.
2.10 All licenses and/or permissions granted in terms of this clause 3 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by HIP at any time without giving reasons therefore.
3. Intellectual Property Rights and Domain Name Use
3.1 All intellectual property on the HIP website, including but not limited to contents, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to HIP and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the HIP website are expressly reserved.
4. Software and Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the HIP website and/or download contents from this website.
5. Disclosures required by Section 43 of the ECT Act
Access to the services, contents, software and contents downloads available from the HIP 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 HIP has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: HOUSING INVESTMENT PARTNERS (PROPRIETARY) LIMITED, Registration no.2007/020953/07;
5.2 Physical address: 204 Rivonia Road, Block E, Morningside, 2196, Sandton, Johannesburg, South Africa;
5.3 Postal address: P O Box 784531, Sandton, Johannesburg, Gauteng, 2146;
5.4 Physical address for receipt of legal service: 204 Rivonia Road, Block E, Morningside, 2196, Sandton, Johannesburg, South Africa;
5.5 Main business: INVESTMENT IN MOVABLE AND IMMOVALBE PROPERTY AS PRINCIPAL
5.6 The website address of the HIP website is: http://hiphousing.co.za.dedi1115.jnb1.host-h.net;
5.7 The official e-mail addresses of the HIP website is: firstname.lastname@example.org ;
5.8 The manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the HIP website may be downloaded from: http://hiphousing.co.za.dedi1115.jnb1.host-h.net;
HOUSING INVESTMENT PARTNERS (PROPRIETARY) LIMITED;
Registration No. 2007/020953/07;
Directors: BM Rapiya, SS Moraba, J Coetzee, MJG Goemans, AP Chimphondah, AP Naude, BF Moses;
Company Secretary: GS Swanepoel
5.10 The costs associated with the access and use of the HIP website are as follows: free access;
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 access to the HIP website;
5.11.2 the inability to access the HIP website;
5.11.3 the services and contents available from the HIP website; or
5.11.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website;
5.13 Users may lodge complaints concerning the HIP website with HIP at email@example.com ;
6. Changes and Amendments
HIP expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the contents and/or services available from the HIP website;
6.3 discontinue any aspect of the HIP website or service(s) available from the HIP website; and/or
6.4 change the software and hardware required to access and use the HIP website.
7.1 HIP shall take all reasonable steps to protect the personal information of Users and do not provide any User information to any Third Parties without the User’s express permission.
7.2 HIP 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 browser and version;
7.2.7 operating system;
7.2.8 date and time; and
7.2.9 site from where User was redirected.
7.3. HIP collects, stores and uses the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 to compile non-personal statistical information about browsing habits, click- patterns and access to the HIP 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 HIP may collect, maintain, save and compile, any information collected from users, subject to the following provisions:
7.5.1 HIP shall not disclose personal information from Users unless the User consents thereto;
7.5.2 HIP shall disclose information without the User’s consent only through due legal process; and
7.5.3 HIP may compile, use and share any information that does not relate to any specific individual.
7.5.4 HIP owns and retains all rights to non-personal statistical information collected and compiled by HIP.
7.6 HIP hereby reserves the right to transfer any data collected in the event of an acquisition, full or partial, the company or its assets.
7.7 HIP only collects information that the User supplied to assist with the User’s with the application process.
7.8 HIP can be contacted by the User at firstname.lastname@example.org in regard to privacy questions.
8. Hyperlinks to Third Party Sites
8.1 HIP may provide hyperlinks to websites not controlled by HIP (target sites) and such links do not imply any endorsement, agreement on or support for the contents of such target sites.
8.2 HIP does not editorially control the contents on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or contents available on or through such target sites.
9.1 HIP shall take all reasonable steps to secure the contents of the HIP website and the information provided by and collected from Users from unauthorised access and/or disclosure.
9.2 HIP is under no legal duty to encrypt any contents or communications from and to the HIP website and is also under no legal duty to provide digital authentication of any page on the HIP website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the HIP website or the server and computer network that support the HIP website.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the HIP website, whether on purpose or negligently, shall, without any limitation, indemnify and hold HIP harmless against any and all liability, damages and losses HIP and its partners/affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and HIP reserves the right to claim damages any and all persons concerned with a security failure or breach.
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 HIP and its partners/affiliates. The ECT Act may be downloaded from: http://www.internet.org.za/ect_act.html
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, HIP (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 HiP website;
10.1.2 access to websites linked to the HiP website;
10.1.3 inability to access the HiP website;
10.1.4 inability to access websites linked to the HiP website;
10.1.5 contents available on the HiP website;
10.1.6 services available from the HiP website;
10.1.7 downloads and use of contents from the HiP website;
10.1.8 any other reason not directly related to HiP’s gross negligence.
10.2 The HIP 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 HIP, that the contents available from and through the HiP 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 HiP website should not be regarded as professional advice or the official opinion of HIP and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the HiP website.
10.4 HiP does not make any warranties or representation that contents and services available from the HIP website will in all cases be true, correct or free from any errors. HiP shall take all reasonable steps to ensure the quality and accuracy of contents available from the HIP website.
10.5 HiP does not make any warranties or representations that the HiP website shall be available at all times. Users acknowledge that the HIP website may be unavailable due to updates or other causes beyond the reasonable control of HiP, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
11. Removal and Correction of Contents
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful contents available from the HIP website to HIP and HIP undertakes to correct and/or remove such contents or any part thereof if the person reporting such contents provided reasonable grounds to prove the alleged nature of the contents.
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 HiP’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the HIP 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 Contents Use License, these terms and conditions constitute the entire agreement between HiP and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by HIP from the User.
13.2 Any failure by HiP 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 HIP agree that:
14.1 the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the HIP website for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to HiP shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by HiP 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 HiP shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and HiP; and
14.6 the User agrees and warrants that data messages that are sent to HiP 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
The HIP 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 HIP website, its contents, services and these terms and conditions.
16. Legal Costs
HiP shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
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