TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR USE AND/OR ACCESSING OF THE WEBSITE (AS DEFINED IN SECTION 1 BELOW) AND CONTAIN EXCLUSIONS AND LIMITATIONS OF THE LIABILITY OF AMPHIBIC TRUST AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY USING AND/OR ACCESSING THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE WEBSITE OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE AVAILABLE ON IT. PLEASE READ THESE TERMS CAREFULLY.
1.1 When accessing and/or using the websites located at Kimberley.org.za, Kimberley.co.za, ncape.co.za, nc.co.za or any subdomains thereof (the “Website”) you are entering into a legally binding contract with Amphibic Trust upon the terms of these terms and conditions (“Terms”). Amphibic Trust is a Trust in the Republic of South Africa whose registered office is at 182 Du Toitspan Road, Kimberley, 8301 (hereinafter referred to as “Amphibic” or “we” or “us” or “our”).
1.2 These Terms apply to the entire contents of the Website and to any correspondence between us and you. Using and/or accessing the content displayed on the Website indicates that you accept these Terms and agree to be bound by them regardless of whether or not you choose to register as a user or a provider of content on the Website. If you do not accept these Terms, please refrain from using and/or accessing the Website.
1.3 On the Website we provide online information resources and, in some cases, you will be able to submit content (comments on articles posted and/or submissions to blogs) for publication on the Website.
2.1 We hereby authorise you to view, copy, download to a local drive, print and distribute the content of the Website, or any part thereof, provided that:
2.1.1 such content is used for information and/or non-commercial purposes only; and
2.1.2 any reproduction of the content available on or through the Website, or any part thereof, must include the following copyright notice: © Amphibic 2013. ALL RIGHTS RESERVED, and must link back to the original content.
2.2 You may only use and/or access content available on or through the Website for commercial purposes once you have obtained our express written consent.
2.3 You may only access and/or use the Website for legal purposes.
2.4 Use of content from the Website in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1 does not copy or provide the whole article, as it appears on the Website, but only provide a short summary of the contents of the article;
2.4.2 acknowledges us as the source of the content;
2.4.3 provides a correct and working hyperlink to the source of the content or article on the Website;
2.4.4 acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the Website; and
2.4.5 includes the date upon which the content was sourced from the Website in the summary of the content.
2.5 The caching of the Website shall only be allowed if:
2.5.1 the purpose of the caching is to make the onward transmission of the content from the Website more efficient;
2.5.2 the cached content is not modified in any manner whatsoever;
2.5.3 the cached content is updated at least every 12 (twelve) hours; and
2.5.4 the cached content is removed or updated when so required by us.
2.6 If you use content from the Website in breach of the provisions detailed herein:
2.6.1 we reserve the right to claim damages from you; and
2.6.2 we will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party.
2.7 Hyperlinks to the Website from any other source shall be directed at the home page of the Website. We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Should you wish to link to content beyond the home page of the Website, you will do so at your own risk and you agree to indemnify us against any loss, liability or damage that may result from content on the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. The exclusion of our liability for deep linking is based on the fact that deep links bypass these Terms.
2.8 You may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Website by you, you may not use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purposes, without our prior written consent.
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 us at any time without giving reasons therefore.
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. CONSUMER PROTECTION ACT NO 68 OF 2008
4.1 If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
4.2 No provision of these Terms (or any contract governed by these Terms):
4.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
4.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
4.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
5. YOUR MATERIAL AND CONDUCT
5.2 You are prohibited from posting or transmitting to or from the Website any material:
5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2 for which you have not obtained all necessary licences and/or approvals; or
5.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.3 You may not misuse the Website (including, without limitation, by hacking).
5.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 5.2 or clause 5.3.
6. CONTENT DISPLAYED ON THE WEBSITE
6.1 Content is provided by users and we do not control, and are not responsible for content, messages between users, including without limitation e-mails outside our e-mail system or other means of electronic communication, whether through the Website or another third party website. We do not pre-screen or approve any content, but we reserve the right, in our sole and absolute discretion, to refuse, delete or move any content that is or may be available on our Website.
6.2 We do not endorse any content or any opinion, statement, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with user content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if properly notified that such content infringes on another’s intellectual property rights.
6.3 Should you feel that any content you view on the Website do not comply with the standards set out in clause 5.2, or that such content infringes your rights and/or the rights of any third party, please contact us as soon as reasonably practicable using the contact details provided in clause 20.
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
7.2 The Website and content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content, trade marks and data on the Website, including, but not limited to, software, databases, text, graphics, icons, hyperlinks, personal information, and designs are the property of or licensed to us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you herein, all other rights to all intellectual property rights on the Website are expressly reserved.
9. ELECTRONIC COMMUNICATIONS
By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
10. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 2002 (“ECT Act”) and therefor Users have the rights detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following information:
10.1 The full name and legal status of the Website owner: Amphibic Trust;
10.2 Street address: 182 Du Toitspan Road, Kimberley, 8301;
10.3 Postal address: PO Box 3331, Kimberley, 8305;
10.4 Physical address for receipt of legal service: 182 Du Toitspan Road, Kimberley, 8301;
10.5 Main business: The main business of Amphibic is the provision of online content;
10.6 The Website addresses of the Website are: Kimberley.org.za, Kimberley,co.za, ncape.co.za, nc.co.za and subdomains thereof.;
10.7 We subscribes to the standards as set out by Advertising Standards Authority;
10.8 Codes of conduct to which the Website subscribes: Amphibic editorial policy is aligned to practises of the constitution of the Republic of South Africa;
10.9 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the Website may be downloaded from:;
10.10 Management: The identities and contact details of the Amphibic management team are available from: http://www.kimberley.og.za;
10.11 Management information of Amphibic is available from:
10.12 Costs: Access to content on the Website is free to any person who subscribes to these terms and conditions. Access to some pages on the Website may be restricted to persons who registered through the “Sign me in”, Amphibic may, in future, charge fees for access to the Website;
10.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
10.13.1 access to the Website;
10.13.2 the inability to access the Website;
10.13.3 the services and content available from the Website; or
10.13.4 these Terms,
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 Kimberley 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 Website: http://www.arbitration.co.za;
10.14 You may lodge complaints concerning the Website with us, the Advertising Standards Authority or the Consumer Affairs Committee.
11.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
11.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for the legal notice set out in this clause 10, might have effect in relation to the Website.
11.3 We will take all reasonable steps to secure the content of the Website and the information provided by and collected from users from unauthorised access and/or disclosure. However, we do not make any warranties or representations that content shall be 100% safe and secure.
11.4 We are under no legal duty to encrypt any content or communications from and to the Website and are also under no legal duty to provide digital authentication of any page on the Website.
12. DATA PROTECTION AND SECURITY
13. LINKING AND FRAMING
13.1 Hyperlinks to the Website from any other source shall be directed at the home page of the Website. We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Should you wish to link to content beyond the home page of the Website, you will do so at your own risk and you agree to indemnify us against any loss, liability or damage that may result from content on the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. The exclusion of our liability for deep linking is based on the fact that deep links bypass these Terms.
13.2 You may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
14. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
14.1 No information or data on the Website is an offer but merely an invitation to do business.
14.2 No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
15. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any content available on or through the Website.
16.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
16.2 The Website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
16.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
16.4 Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Website.
16.5 Submissions of content (contribution to blogs, comments on articles posted) and postings of any kind posted to the Website or e-mail sent to the Website are not editorially controlled and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory content).
17. INTERCEPTION OF COMMUNICATIONS
17.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, you agree to our right to intercept, block, filter, read, delete, disclose and use all communications send or posted by you to the Website or to our staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
17.2 Subject to the provisions of the ECT Act, you agree and acknowledge that the consent provided by you in clause 13.1 satisfies the “writing” requirement.
18.2 In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
19. APPLICABLE AND GOVERNING LAW
The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
20. LEGAL COSTS
We shall not be liable for costs incurred by you should you obtain professional advice relating to these Terms.
21. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
182 Du Toitspan Road, Kimberley, 8301
PO Box 3331, Kimberley, 8305