Terms & Conditions

Welcome to the BSG Africa (Proprietary) Limited website.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE  CONSTITUTES ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT AGREE TO ALL THE TERMS, PLEASE DO NOT USE THIS SITE:

  1. BSG Africa (Proprietary) Limited (“BSG”) reserves the right to periodically change these terms without notice, so kindly check them as you will be responsible for reviewing such changes each time you access the website. Your continued use of the website after changes have been posted online, constitutes your acceptance of the new terms, as modified by the posted changes.
  2. This website and its contents are provided on an “as-is” basis and have not been compiled or supplied to meet your individual requirements. You acknowledge that you use this website at your sole risk.  BSG hereby disclaims any liability for, and you indemnify BSG against, any harm, loss, damage and/or liability to you and/or any other person resulting directly or indirectly from the publication or use of any information, content, advice, products or services which may be promoted, displayed on, or associated with, our website or any other website which can be accessed from this website, howsoever such harm, loss, damage and/or liability may occur and whether such harm, loss, damage or liability is financial, personal, consequential, incidental or otherwise.
  3. Neither BSG, nor any of its agents or representatives shall be liable for any claim, damage, harm, loss, injury, damages or liability of whatsoever nature, howsoever arising from the use or inability to use this site and/or from the services or content available through and from this site.  “Damages” shall include direct, indirect, general, special, incidental, punitive and consequential.
  4. The information and content contained on, or accessible from, this website and the downloads, are intended and produced for general information purposes only and should not be relied upon as specific information of any kind, whether professional, technical or otherwise.   Furthermore, the information may contain errors or inaccuracies, may be incomplete and/or out of date, and you should make your own independent investigations as to the accuracy of such information.  BSG shall not be liable to any person or company for use or reliance on any inaccurate information or opinions contained herein.
  5. BSG does not warrant or represent that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this site and/or its server will be free of viruses or other harmful components.  You are encouraged to report any malfunctions and errors to BSG.
  6. Notwithstanding anything contained to the contrary in these terms and conditions, BSG may, from time to time and without notice to you, be entitled to suspend your access to this website in the event of the technical failure, modification or maintenance of the software, hardware, equipment or infrastructure by means of which this website are made available to you or for any reason whatsoever. In this regard you acknowledge that interruptions or suspensions may occur which prevent or otherwise interfere with your access to this website, for which BSG will not be liable for any damages of any kind.
  7. You hereby acknowledge that it is impossible to maintain complete security in respect of any content displayed on, or accessible from this website, and you hereby waive any claims which you may have against BSG arising out of any breach of security.
  8. This site may provide links to other websites, as a convenience to you.  BSG is not responsible for the content of any linked site and the inclusion of any link on this site does not imply endorsement by BSG of any other websites or their products or services.
  9. We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by, or in connection with, your use of our site (“comments”), but BSG shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your comments. Once disclosed, submitted or offered, your comments may be used by BSG.  You warrant that the comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trade mark, privacy or any other personal or proprietary right, and that you will not disclose, submit or offer any comments that will or may contain any defamatory, unlawful, abusive or obscene material. BSG disclaims any liability towards any third party regarding your comments and you hereby indemnify BSG against, and shall be liable for, any claim by any third party in regard to or arising from your comments.
  10. Please be aware that the content of this site is the property of BSG and is protected by South African International copyright laws.  You may use the content of this site only for your personal non-commercial use.
  11. You hereby undertake to conform to generally acceptable Internet etiquette and to abide by BSG’s operating policies, which may be amended from time to time at BSG’s sole discretion and you hereby indemnify BSG and hold BSG free from liability, in respect of any claim made against BSG or loss or damage of whatever nature caused as a result of any breach of such undertaking, which policies include, but are not limited to the guidelines set out below:
    1. not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights;
    2. not to post or transmit any message, data, image or programme which violates the intellectual property rights of others;
    3. not to interfere with use of the Internet by any other users of this website;
    4. not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by you;
    5. not to violate the privacy of any person or to violate the security of any system or network, which shall include but shall not be limited to:
      1. hacking;
      2. unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network, or to breach security or authentication measures without express authorisation of the owner of such system or network;
      3. unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of such system or network;
      4. not to perform any act or omission which is generally unacceptable or offensive to Internet users in general, to the public at large or as may be determined by BSG from time to time in its sole and absolute discretion, including but not limited to, the hosting or transmitting of pornographic material;
      5. not to contravene any BSG policy as may be updated and amended by BSG and published or accessible from BSG’s website from time to time;
      6. not to do anything which tends, has the effect of, or is likely to have the effect of, damaging the name or reputation of BSG’s partners and principals and their directors, employees, sub-contractors, agents, representatives, consultants, licencees, licensors and/or suppliers;
      7. not to commit any act or omission which may have an adverse technical effect on the integrity or functionality of this website;
      8. not to give or make available in any way any log-in codes, passwords or the like which may be furnished to you by BSG and/or its business partners from time to time in regard to your access to this website (“log-in ID”) to any other person for any person’s use, and you hereby undertake to take whatever steps may be necessary to ensure the safe-keeping and confidentiality of such log-in ID and that you shall specifically not disclose same to any third party without BSG’s prior written consent;
      9. not to use your log-in ID for any simultaneous log-in, nor to permit any other person access to, or use of, such log-in ID;
      10. not to contravene or violate in any way the policy rules and guidelines which may be posted from time to time to or be accessible from this website;
      11. not to use this website for any unlawful purpose, or in any manner which infringes the rights of, or restricts or inhibits the use and enjoyment of this website by any person, including without limiting, conduct which is unlawful, which may harass, defame or cause distress or inconvenience to any person, and the display, posting or transmission of obscene or offensive content or information, or the disruption of any normal flow of dialogue on this website;
      12. not to frame this site or any of the pages on this site in any way whatsoever;
      13. not to link to any page on this website, without the prior written permission of BSG.
  12. BSG has no obligation to monitor anything posted on this site.  However, BSG reserves the right to review content posted by you and remove or edit such content if we so decide.  BSG shall have no liability to you for doing so.
  13. Where you have given an indemnity or have agreed that you have no claim against BSG in these terms of use, any reference to BSG shall include BSG, BSG’s partners and principals and their directors, employees, sub-contractors, agents, representatives, consultants, licencees, licensors and/or suppliers.
  14. All rights not expressly granted are reserved.
  15. If any provision of these terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining terms.
  16. This agreement sets out the whole of the agreement between you and BSG in regard to the subject matter thereof and there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto, upon which you are relying in concluding this agreement and BSG shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
  17. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces in the Republic of South Africa, the law as applied and interpreted in the Province of the Western Cape shall prevail.
  18. BSG chooses as its domicilium citandi et executandi for all purposes under these terms and conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, The Towers – South Tower, 18th Floor, 2 Heerengracht Corner, Hertzog Boulevard, Foreshore, Cape Town.
  19. Please review our privacy policy which also governs your use of this website.
  20. General Information

A copy of the Electronic Communications and Transactions Act may be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf