TERMS AND CONDITIONS

Terms and conditions for the use of this website

These terms and conditions are binding and enforceable against all persons that access the State Information Technology Agency (SOC) Ltd web site or any part thereof the State Information Technology Agency (SOC) Ltd web in terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002.

Should you not agree to these terms and conditions, kindly leave the State Information Technology Agency (Pty) Ltd web site now, as further use will automatically bind you to these terms and conditions.

Definitions and interpretation
 
a. "SITA web site" means the State Information Technology Agency (SOC) Ltd web site located at www.sita.co.za and includes any page, part or element thereof;
b. "User" means any person who enters or uses SITA web site, notwithstanding the fact that such a person only visits the home page of SITA web site;
c. References herein to the singular includes the plural and vice versa; and
d. 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
 
SITA’s focus is to consolidate and coordinate the State’s information technology resources in order to achieve cost savings through scale, increase delivery capabilities and enhance interoperability. SITA is committed to leveraging Information Technology (IT) as a strategic resource for government, managing the IT procurement and delivery process to ensure that the Government gets value for money, and using IT to support the delivery of e-Government services to all citizens.
 
2. Allowed use and license
 
2.1 SITA licenses the User to view, download and print the content of SITA web site, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
2.2 Content from SITA web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SITA.
2.3 Users may not access, browse and use SITA web site for illegal purposes.
2.4 The caching of SITA web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from SITA web site 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 SITA.
2.5 If any User uses content from SITA web site in breach of the provisions detailed herein:
2.5.1 SITA reserves the right to claim damages from the User;
2.5.2 SITA reserves the right to institute criminal proceedings against the User; and
2.5.3 SITA 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 SITA web site from any other source shall be directed at the home page of SITA web site.
2.7 SITA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from SITA web site, if such content was accessed through a hyperlink not directed at the home page of SITA web site. Persons that wish to link to content beyond the home page of SITA web site shall do so at their own risk and indemnify SITA against any loss, liability or damage that may result from the use of content from SITA web site, if such content was accessed through a hyperlink not directed at the home page of SITA web site. SITA’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8 Users may quote small and reasonable amounts of content available from SITA web site only if such quote is placed in inverted commas and acknowledged.
2.9 No person may frame SITA web site, in any manner whatsoever, without the prior written consent of SITA.
2.10 Apart from bona-fide search engine operators and use of the search facility provided on SITA web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from SITA web site for any purposes, numbers without the prior written consent of SITA. E-mail addresses, names, telephone numbers and fax published on SITA web site may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on SITA web site may be used to communicate unsolicited communications to SITA and all rights detailed in section 45 of the ECT Act is reserved.
2.11 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 SITA at any time without prior notice or giving reasons therefore.
 
3. User Requirements
Browser

We support any browser with SSL 2.0; SSL 3.0 and a 128 bit cipher, but the SITA website is best viewed by using Internet Explorer 6.0 SP 1, or Netscape 7.2. One can confirm the browser version by selecting the Help drop-down menu and then clicking on the About option. Site Design and Fonts.

The optimal viewing of the SITA website is at 1024 x 768 resolution. The text size used on the SITA website was chosen according to industry standards, however if the user is browsing the site and find that text is too small to read clearly, lower the screen resolution to 1024 x768.

This can be done by right-clicking on your “desktop”, selecting “properties” and then choosing “settings”. Under "screen area" you can change the screen resolution to 1024 x 768,which will make everything on your screen larger (unless your screen is already set to 1024 x 768). Please note that once one clicks "apply" or "OK" this will change the screen resolution for the PC and all applications. The settings can be changed back at any time again though.

 
4. Defamation
 
The user will ensure that the use of the SITA website complies with all applicable laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, liable or defamation of character, invasion of privacy or tortious interference.
 
5. Intellectual property rights
 
All intellectual property on SITA web site, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to SITA 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 SITA web site are expressly reserved.
 
6. Software and equipment
 
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and SITA web site and/or download content from SITA web site.
 
7. Disclosures required by section 43 of the ECT Act
 
Access to the services, content, software and downloads available from SITA web site may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and SITA has, amongst others, the duty to disclose the following information:
 
7.1 The full name and legal status of the web site owner: State Information Technology Agency (Pty) Ltd;
7.2 Company Registration number: 1999/001899/07
7.3 Street address: 459 Tsitsa Street, Erasmuskloof, Pretoria, South Africa;
7.4 Postal address: PO Box 26100, Monument Park, Pretoria 0105, South Africa;
7.5 Physical address for receipt of legal service: 459 Tsitsa Street, Erasmuskloof, Pretoria, South Africa;
7.6 Board of Directors
7.7 Main business: SITA’s focus is to consolidate and coordinate the State’s information technology resources in order to achieve cost savings through scale, increase delivery capabilities and enhance interoperability. SITA is committed to leveraging Information Technology (IT) as a strategic resource for government, managing the IT procurement and delivery process to ensure that the Government gets value for money, and using IT to support the delivery of e-Government services to all citizens.
7.8 The web site address of SITA web site is: www.sita.co.za;
7.9 The official e-mail address of SITA web site are: contact@sita.co.za;
7.10 Membership of self-regulatory or accreditation bodies: [Available on demand];
7.11 SITA's Codes of conduct is currently not available on the web
7.12 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of SITA web site may be downloaded from: www.sita.co.za;
7.13 Management: see www.sita.co.za;
7.14 The costs associated with the access and use of SITA web site are as follows: Free.
7.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
7.15.1 access to SITA web site;
7.15.2 the inability to access SITA web site;
7.15.3 the services and content available from SITA web site; or
7.15.4 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 terms of the South African law 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: www.arbitration.co.za;
7.15 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 web site;
7.16 Users may lodge complaints concerning SITA web site with SITA at Web Contact or call +27 12 482 2007.
 
8. Changes and amendments
 
SITA reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
8.1 change these terms and conditions;
8.2 change the content and/or services available from SITA web site;
8.3 discontinue any aspect of SITA web site or service(s) available from SITA web site; and/or;
8.4 change the software and hardware required to access and use SITA web site.
 
9. Privacy
 
9.1 SITA 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).
9.2 SITA may electronically collect, store and use the following personal information of Users:
9.2.1 name and surname;
9.2.2 contact numbers;
9.2.3 non-personal browsing habits and click patterns;
9.2.4 e-mail address;
9.2.5 IP address; and/or
9.2.6 User selected username and password.
9.3 SITA collects, stores and uses the abovementioned information for the following purposes:
9.3.1 To Communicate requested information to the User;
9.3.2 To Provide the User with access to restricted pages on this web site; and
9.3.3 To compile non-personal statistical information about browsing habits, click-patterns and access to SITA web site.
9.4 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.
9.5 SITA may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
9.5.1 SITA shall not disclose personal information from Users unless the User consents thereto;
9.5.2 SITA shall disclose information without the User's consent only through due legal process; and
9.5.3 SITA may compile, use and share any information that does not relate to any specific individual.
9.6 SITA owns and retains all rights to non-personal statistical information collected and compiled by SITA.
 
10. Hyperlinks to third party sites
 
10.1 SITA may provide hyperlinks to web sites not controlled by SITA (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
10.2 SITA 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.
 
11. Security
 
11.1 SITA shall take all reasonable steps to secure the content of SITA web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SITA does not make any warranties or representations that content shall be 100% safe and secure.
11.2 SITA is under no legal duty to encrypt any content or communications from and to SITA web site and is also under no legal duty to provide digital authentication of any page on SITA web site.
11.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to SITA web site or the server and computer network that support SITA web site.
11.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to SITA web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SITA harmless against any and all liability, damages and losses SITA and its partners / affiliates may suffer as a result of such damaging code.
11.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and SITA reserves the right to claim damages any and all persons concerned with a security failure or breach.
11.6 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 SITA and its partners / affiliates.
 
12. Disclaimer and limitation of liability
 
12.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, SITA (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:
12.1.1 access to SITA web site;
12.1.2 access to web sites linked to SITA web site;
12.1.3 inability to access SITA web site;
12.1.4 inability to access web sites linked to SITA web site;
12.1.5 content available on SITA web site;
12.1.6 services available from SITA web site;
12.1.7 downloads and use of content from SITA web site; and/or
12.1.8 any other reason not directly related to SITA's gross negligence.
12.2 SITA web site 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 SITA, that the content available from and through SITA web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
12.3 Information, ideas and opinions expressed on SITA web site should not be regarded as professional advice or the official opinion of SITA and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on SITA web site.
12.4 SITA does not make any warranties or representation that content and services available from SITA web site will in all cases be true, correct or free from any errors. SITA shall take all reasonable steps to ensure the quality and accuracy of content available from SITA web site.
12.5 SITA does not make any warranties or representations that SITA web site shall be available at all times. Users acknowledge that SITA web site may be unavailable due to updates or other causes beyond the reasonable control of SITA, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".
 
13. Removal and correction of content
 
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from SITA web site to SITA and SITA 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.
 
14. Interception of communications
 
14.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SITA's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the SITA web site, its staff and employees.
14.2 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.
 
15. Entire agreement and severability
 
15.1 These terms and conditions constitute the entire agreement between SITA and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SITA from the User.
15.2 Any failure by SITA to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
15.3 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.
 
16 Agreement in terms of Section 21 of the ECT Act
 
The User and SITA agree that:
 
16.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters SITA web site for the first time;
16.2 data messages (as defined in the ECT Act) addressed by the User to SITA shall only be deemed to have been received if and when responded to;
16.3 data messages (as defined in the ECT Act) addressed to the User by SITA shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
16.4 data messages (as defined in the ECT Act) addressed by the User to SITA shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
16.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SITA; and
16.6 the User agrees and warrants that data messages that are sent to SITA 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.
 
17. Applicable and governing law
 
SITA web site 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 SITA web site, its content, services and these terms and conditions.
 
18. Legal costs
 
SITA shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

 

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