SITE TERMS AND CONDITIONS OF USE

ACCEPTANCE

PLEASE READ THE USER AGREEMENT OF THIS SITE www.tellumat.com (“Site”), AS EXPRESSED BELOW, BEFORE CONTINUING TO MAKE USE OF THIS SITE.

BY CONTINUING TO USE THIS SITE, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES WILL BE BINDING ON THE USER.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Copyright (© 2012) in this site vests in Tellumat (Pty) Ltd, (“ Tellumat”), registration number 1996/000957/07 , of 64/74 White Road, Retreat, Cape Town, South Africa. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this Site please contact the Legal Advisor at (+27)(21) 710 2530 or e-mail legal@tellumat.com The directors of Tellumat are: J. de V. van Zyl (Chairman), R.A. Hargey (Managing), G.C.A. Meyer, P.B. Hobbs, L. L. Xate, R. M. Sampson, C.R. Howell, Dr. J.A. Temple (Alt), R. Gonsalves (Alt), L.C. Jones (Alt)

Tellumat retains for itself all intellectual property rights (including the goodwill associated with those rights) related to the Site, whether owned by Tellumat or used by Tellumat under licence. As used here “intellectual property rights” means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Site, all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto, including all moral rights. In particular Tellumat does not dispose of the ownership of or its rights under licence to use any intellectual property on this Site.

SECURITY

Appropriate action shall be taken in terms of chapter 8 of the Electronic Communications and Transactions Act 25 of 2002, against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site.

LINKS AND FRAMING

Links provided on this Site to non-Tellumat sites are provided as is and Tellumat does not expressly or by implication agree with or have any control over the content on such web sites. If the User follows any of these links the User does so at its own risk and Tellumat cannot accept any responsibility for any loss or damage that the User may incur as a result.

The User may not use the Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Site. Without limitation, you may not do any of the following without prior written permission from Tellumat (and neither may you allow a third party to do any of the same:

• redistribute any of the content; or
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or
• deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.

WEBSITE DISCLAIMER

TELLUMAT SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.         

Except as set out above, Tellumat provides no warranties with regard to the Site. Tellumat shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any direct, indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Tellumat, its employees or agents or otherwise) which arise out of or in connection with the Site or its Use (whether in contract, delict or otherwise).

E-MAIL POLICY

It is not the policy of Tellumat to regularly monitor the content of electronic messages passing through its e-mail system. However, the content and/or structure of certain messages may be monitored for auditing, security, investigative and statistical activities. Users should structure their electronic communications in recognition of the fact that Tellumat may from time to time examine the content of electronic messages.

Tellumat IT staff may occasionally be required to review the contents of an employee’s mailbox to resolve a problem. IT staff may not view the content of an employee’s mailbox out of curiosity or at the request of an individual who does not have authorization or the right to do so. Users should likewise structure their electronic communications in recognition of the fact that Tellumat may from time to time examine the content of employee mailboxes.

GOVERNING LAW

This Site is a South African based web site. These Terms and Conditions shall be governed and construed in terms of the law of the Republic of South Africa and the jurisdiction of the Cape High Court shall govern any action arising from these Terms and Conditions and/or the Use of this Site.

AMENDMENTS

Tellumat may, in its sole and absolute discretion, amend these terms and conditions, or any part thereof at any time without notice to Users.

DISPUTES

The User and Tellumat (“the Parties”) irrevocably agrees that any dispute whatsoever arising from these Terms and Conditions shall be settled according to the following procedure:

• the Parties shall firstly utilise their best efforts to attempt to settle the dispute amicably between them by negotiation. This entails that the one party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;
• should such negotiation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”) Secretariat;
• should the mediation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the AFSA arbitration rules before:
• a single arbitrator appointed in terms of those rules in the event that the amount in dispute is less than one million rand; or
• three arbitrators appointed in terms of those rules in the event that the amount in dispute is equal to or greater than one million rand.

The venue of the arbitration shall be Cape Town, South Africa.

The arbitrator:

• shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;
• shall be obliged to provide written reasons for his decision.

The Parties irrevocably agree that the decision in the arbitration proceedings:-

• shall be final and binding on the Parties;
• shall be carried into effect;
• may be made an order of any court of competent jurisdiction.

The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:

• the nature of any dispute arising from this agreement; and
• the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and
• any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.

This clause shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time.

The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.