WWW.BIZCO.CO.ZA is owned by BIZCO BUSINESS CONSULTING with a view to providing an online platform for Entrepreneurs and Business Owners, New, and Old with business-related opportunities and services.
Use of WWW.BIZCO.CO.ZA is made available subject to the following Terms and Conditions. By using this WWW.BIZCO.CO.ZA, you agree to be bound by and to comply with, these Terms and Conditions and any further Terms & Conditions that WWW.BIZCO.CO.ZA may prescribe from time to time.
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT”), and the common law on contracts, these Terms and Conditions are valid, binding, and enforceable against all persons that access WWW.BIZCO.CO.ZA or any part thereof. WWW.BIZCO.CO.ZA reserves the right to make changes to this domain and these Terms and Conditions at any time.
The Terms and Conditions set out below constitute an agreement between WWW.BIZCO.CO.ZA and you, the User, and apply when you are making an online application for services, using, accessing, or browsing WWW.BIZCO.CO.ZA.
Please read these Terms and Conditions carefully, and should you have any legal questions, please direct them to firstname.lastname@example.org
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions the following words and phrases will bear the following meanings:
1.1 “Advertiser” means third-party advertising services or products, of a third party, on WWW.BIZCO.CO.ZA.
1.2 “Approval Criteria” means the standards set by WWW.BIZCO.CO.ZA to screen approve and/or register Users as Entrepreneurs, which criteria can be located on WWW.BIZCO.CO.ZA.
1.3 “WWW.BIZCO.CO.ZA” means BCS2006TRADING CC t/a BIZCO BUSINESS CONSULTING, a South African Close Corporation duly incorporated in accordance with the Companies Act 61 of 1973, as amended.
1.4 “Entrepreneur” means a User who applies to become an “Entrepreneur” listed on WWW.BIZCO.CO.ZA, and is screened and approved by WWW.BIZCO.CO.ZA based on the Approval Criteria, and will also include and duly authorized representative of the user or entrepreneur.
1.5 “Entrepreneur Service Date” means the date on which WWW.BIZCO.CO.ZA receives the Entrepreneur Service Fee after such a User has been approved to be registered as an Entrepreneur.
1.6 “Entrepreneur Service Fee” means the full amount quoted payable by the Entrepreneur upon approval by WWW.BIZCO.CO.ZA for the use of the Entrepreneur Services for 3 (three) month intervals.
1.7 “Entrepreneur Services” mean the services provided by WWW.BIZCO.CO.ZA to an Entrepreneur.
1.8 “Entrepreneur Service Term” means the period for which the Entrepreneur is entitled to the Entrepreneur Services, which commences on the Entrepreneur Service Date and lasts for 3 (three) months.
1.9 “Investment Sum” means the value of the total investment made by an Investor to an Entrepreneur which may include but is not limited to a monetary amount, shares, loan, sale of business or property, or any other financial gain the Entrepreneur may receive as compensation from the Investor.
1.10 “Investor” means a User who registers on WWW.BIZCO.CO.ZA as an “Investor” with a view to considering Entrepreneurs’ business proposals.
1.11 “Investor Services” mean services provided by WWW.BIZCO.CO.ZA to Investors, including registering Users as Investors, processing information of Investors, introducing Investors to suitable Entrepreneurs, providing information about Entrepreneurs and their business concepts to Investors, but expressly excluding any financial services or advice to Investors.
1.12 “Non-Disclosure Agreement” means a separate agreement and annexure to these Terms and Conditions, which will be supplied by WWW.BIZCO.CO.ZA, and which will be entered into off-line between an Entrepreneur and an interested Investor.
1.14 “Success Fee” means the non-refundable amount that becomes due and payable by the Entrepreneur to WWW.BIZCO.CO.ZA, as mentioned in Clause 6 below, for the direct or indirect cause of a business transaction between an Investor and the Entrepreneur, calculated at 5% of the Investment Sum.
1.15 “Terms and Conditions” mean this agreement between Users and WWW.BIZCO.CO.ZA;
1.16 “Third Party WWW.BIZCO.CO.ZAs” means any other WWW.BIZCO.CO.ZAs and social media portals that are not the domain WWW.BIZCO.CO.ZA.
1.17 “User” means any person who enters or uses WWW.BIZCO.CO.ZA, notwithstanding the fact that such a person only visited the home page of WWW.BIZCO.CO.ZA or subscribed thereto, including Entrepreneurs, Investors, and Advertisers.
1.18 “WWW.BIZCO.CO.ZA” means BCS2006TRADING, owned and operated by BCS2006TRADING, and which is located at WWW.BIZCO.CO.ZA, including any part or element thereof.
1.19 References herein to the singular include the plural and vice versa.
1.20 Notwithstanding the fact that hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, should be deemed to be 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, will not play a role in the determination of the validity and interpretation of these Terms and Conditions.
2. WWW.BIZCO.CO.ZA DISCLAIMERS
2.1 The objective of the WWW.BIZCO.CO.ZA is to provide Entrepreneurs, Investors, Business Owners new and old with a view to concluding mutually beneficial transactions. The User expressly understands and agrees that WWW.BIZCO.CO.ZA will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if WWW.BIZCO.CO.ZA has been advised of the possibility of such damages), unless there is gross negligence on part of WWW.BIZCO.CO.ZA resulting from any agreement, understanding, or relationship the user may enter into with any Investor or any other person or entity with whom it has been put in contact through WWW.BIZCO.CO.ZA.
2.2 The User expressly understands and agrees that WWW.BIZCO.CO.ZA will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if WWW.BIZCO.CO.ZA has been advised of the possibility of such damages), unless there is gross negligence on part of WWW.BIZCO.CO.ZA, resulting from any use or sale of goods or services offered by, or agreements concluded with, Advertisers or Third Party.
2.3 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, WWW.BIZCO.CO.ZA (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates, and agents) will not be liable for any damage, loss, or liability of any nature, not directly related to WWW.BIZCO.CO.ZA’s gross negligence, incurred by whomever and resulting from:
2.3.1 any service available on WWW.BIZCO.CO.ZA;
2.3.2 access to WWW.BIZCO.CO.ZA;
2.3.3 access to any domains linked to WWW.BIZCO.CO.ZA;
2.3.4 inability to access WWW.BIZCO.CO.ZA;
2.3.5 inability to access domains linked to WWW.BIZCO.CO.ZA;
2.3.6 content available on WWW.BIZCO.CO.ZA;
2.3.7 downloads and use of content from WWW.BIZCO.CO.ZA;
2.3.8 the use or the inability to use WWW.BIZCO.CO.ZA;
2.3.9 the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from WWW.BIZCO.CO.ZA;
2.3.10 unauthorized access to or alteration of transmissions or data of the user of WWW.BIZCO.CO.ZA;
2.3.11 statements or conduct of any third party on WWW.BIZCO.CO.ZA;
2.3.12 any other matter relating to WWW.BIZCO.CO.ZA.
2.4 WWW.BIZCO.CO.ZA 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 itself, prior to entering into this agreement with WWW.BIZCO.CO.ZA, that the content available from and through WWW.BIZCO.CO.ZA meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
2.5 The content and/or information contained on WWW.BIZCO.CO.ZA is provided for User’s informational and educational convenience only. Nothing on WWW.BIZCO.CO.ZA should be relied on and Users should consult with an authorized financial advisor prior to making any financial decisions.
2.6 WWW.BIZCO.CO.ZA will take all reasonable steps to ensure the quality and accuracy of content available on WWW.BIZCO.CO.ZA and encourages Users to report incorrect and untrue information, subject to the right of WWW.BIZCO.CO.ZA to rely on its own freedom of expression and right to determine, in its sole and absolute discretion, the contents of WWW.BIZCO.CO.ZA. WWW.BIZCO.CO.ZA does not make any warranties or representations that the content and services available on WWW.BIZCO.CO.ZA will in all cases be true, correct, or free from any error.
2.7 WWW.BIZCO.CO.ZA does not make any warranties or representations that WWW.BIZCO.CO.ZA will be available at all times. Users acknowledge that WWW.BIZCO.CO.ZA may be unavailable due to updates or other causes beyond the reasonable control of WWW.BIZCO.CO.ZA, including, but not limited to virus infection, unauthorized access, power failure, or other “Acts of God.”
2.8 Access to WWW.BIZCO.CO.ZA may involve third-party fees (such as internet service provider or airtime charges), and the User is responsible for those fees.
3. CONSUMER PROTECTION
3.1. WWW.BIZCO.CO.ZA regards it important to protects the User by abiding by all relevant laws, in particular the Consumer Protection Act 68 of 2008 (“CPA”) and requests its Advertisers to do the same.
3.2. In the event of a promotional competition held or promotional services offered on WWW.BIZCO.CO.ZA, please revert to WWW.BIZCO.CO.ZA’s additional terms and conditions published on WWW.BIZCO.CO.ZA, from time to time, specifically for promotional competitions or services.
3.3. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available on WWW.BIZCO.CO.ZA to BCS2006TRADING and BCS2006TRADING 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.
4. REGISTERING AS AN INVESTOR
4.1. WWW.BIZCO.CO.ZA provides for the registration of Users as “Investors”, at no charge.
4.3. In the event that the User selects to register as an Investor on WWW.BIZCO.CO.ZA, it will register and provide all compulsory information as requested in terms of the electronic registration process on WWW.BIZCO.CO.ZA.
4.4. Upon complying with all registration requirements for an “Investor”, the User will be registered as an Investor and expressly agrees to comply with all provisions of this Clause 4.
4.5. The Investor agrees not to create more than one account or register accounts on behalf of other people or organizations. The User agrees that accounts may only be set up in the User’s own name.
4.6. The Investor will take full responsibility for any actions and activities taking place by using its Investor’s account. The Investor will be responsible to keep the Investor’s password confidential.
4.8. The Investor guarantees that it has the necessary authority and legal capacity to register as an Investor and that it is in a position to provide further relevant business information, if and when requested.
4.9. In the event that an Investor is a natural person, the Investor guarantees that he/she is older than 18 (eighteen) years, and/or that he/she has the necessary authority and legal capacity to be registered on WWW.BIZCO.CO.ZA as an Investor and is in a position to provide further information if and when such information is requested.
4.10. WWW.BIZCO.CO.ZA will deliver the Investor Services to registered Investors.
4.11. The registered Investors will be requested to sign a separate Non-Disclosure Agreement before any Entrepreneur’s business plans, ideas, or proposals are introduced and disclosed to the Investor.
4.13. WWW.BIZCO.CO.ZA may terminate the Investor’s registration at any time, for any reason, including any improper use of WWW.BIZCO.CO.ZA or the Investor’s failure to comply with these Terms and Conditions. Such termination will not affect any right to relief to which WWW.BIZCO.CO.ZA may be entitled.
4.14. The Investor may cancel its membership at any time, by informing BCS2006TRADING at email@example.com to deregister their account.
5. APPLICATION TO BE LISTED AS AN ENTREPRENEUR
5.1. WWW.BIZCO.CO.ZA provides for the Service of Users as “Entrepreneurs”.
5.2. In the event that a User applies to subscribe as an Entrepreneur on WWW.BIZCO.CO.ZA, it will provide all compulsory information online as requested in terms of the electronic Service process.
5.3. In order to apply to become a registered and listed Entrepreneur, the User accepts and agrees to the quotation issued, which has an option to make full payment or partial payments as agreed. By making a partial payment or a deposit the User agrees to settle the balance as set out on the accepted quotation.
5.4. WWW.BIZCO.CO.ZA will screen and review each application of a User to become a registered Entrepreneur and all Users applying to become Entrepreneurs will not be automatically approved or registered. WWW.BIZCO.CO.ZA reserves the right to approve or decline the Services of Users as Entrepreneurs, in its sole discretion.
5.6. WWW.BIZCO.CO.ZA will respond within a reasonable time to inform the User if the application to register as an Entrepreneur was successful.
5.7. Upon approval of its Service, and receipt of an invoice from BCS2006TRADING, the Entrepreneur agrees to pay the non-refundable Entrepreneur Service Fee in terms of Clause 10 below.
5.8. Payment of the Service Fee does not constitute a guarantee of the success of entrepreneurs. The Entrepreneur acknowledges that the success herein contemplated is entirely speculative and depends upon the ability of the Entrepreneur to successfully present its business plan proposal to the Investor.
5.9. In consideration of the full payment of the Entrepreneur Service Fee, BCS2006TRADING will provide the Entrepreneur Services for the Entrepreneur Service Term.
5.10. BCS2006TRADING will start providing the Entrepreneur Services from the Entrepreneur Service Date.
5.11. The Entrepreneur guarantees that all information provided to BCS2006TRADING is true and correct.
6. OBLIGATIONS OF AN APPROVED ENTREPRENEUR
6.1. After receipt of the Full Entrepreneur Service Fee, will BCS2006TRADING grant the Entrepreneur login access to the Entrepreneur Services on WWW.BIZCO.CO.ZA.
6.2. The Entrepreneur agrees to pay any agreed Success Fee to BCS2006TRADING, as compensation for the direct or indirect cause of the business transaction between the Investor and the Entrepreneur, resulting from the use of WWW.BIZCO.CO.ZA, social media platforms, word of mouth, marketing, or any other efforts by WWW.BIZCO.CO.ZA.
6.3. The Success Fee will be calculated at 1% (one percent) of the total Investment Sum which the Entrepreneur receives from the Investor, regardless of the fact that the Entrepreneur will receive the Investment Sum in installments from the Investor or not, payment of the whole Success Fee will become due and payable within 7 (seven) working days from date of invoice;
6.4. On receipt of the Investment Sum, will BCS2006TRADING provide the Entrepreneur with an invoice for the Success Fee. The Entrepreneur undertakes to pay the Success Fee within 7 (seven) working days from the date of the invoice.
6.5. Payment to BCS2006TRADING must be paid in terms of Clause 10 below.
6.6. BCS2006TRADING will have the right to constantly monitor the progress and negotiations between the Investor and the Entrepreneur.
6.7. WWW.BIZCO.CO.ZA has the right to request proof and verification of the Investment Sum received by the Entrepreneur.
6.8. In the event that the Entrepreneur changes its identity to a company, close corporation, or any other legal vehicle, the User who originally submitted the application for Service as an Entrepreneur will be held liable for payments of any fees in terms of these Terms and Conditions.
6.9. In the event that the Entrepreneur is a partnership, close corporation, company, or any other legal vehicle, the member, partner, director, or owner hereby accept the liability of the fees and acknowledge surety in their personal capacity and on behalf of the legal entity, by accepting these Terms and Conditions.
6.10. The Entrepreneur agrees that WWW.BIZCO.CO.ZA may, at its sole discretion, record the success of an Entrepreneur as testimony on the WWW.BIZCO.CO.ZA, other relevant domains, magazines, or any other broadcasting media.
6.11. BCS2006TRADING will arrange the signing of a suitable Non-Disclosure Agreement by an Investor, before presenting the business ideas of an Entrepreneur to such Investor.
6.12. The Entrepreneur will be solely responsible for the currency, legality, accuracy, and compliance of its business idea, proposal, or plan, and will be solely liable for false, misleading, inaccurate, illegal, immoral, indecent, and/or infringing content contained in the business idea, plan or proposal.
6.13. The Entrepreneur acts as an independent contracting party and acknowledges that BCS2006TRADING or WWW.BIZCO.CO.ZA will not in any way be construed as a party to the Entrepreneur and Investor Agreement.
6.14. The Entrepreneur, by accepting the Terms and Conditions, grants WWW.BIZCO.CO.ZA a worldwide, copyright, non-exclusive, royalty-free right to use, distribute, modify, adapt and display the Entrepreneur business idea, proposal, or plan or any other written materials and/or records and/or resources submitted by the Entrepreneur, in any manner or form, and WWW.BIZCO.CO.ZA accepts this copyright license.
6.15. The Entrepreneur guarantees that it has the right and sufficient authority to grant WWW.BIZCO.CO.ZA the license as contemplated in 6.14 above.
6.16. The Entrepreneur consents to any civil and /or criminal background investigation.
7. TERMINATION OF THE ENTREPRENEUR SERVICES
7.1. The Entrepreneur Services will automatically terminate when the Entrepreneur Service Term expires.
7.2. Upon termination of the Entrepreneur Service Term WWW.BIZCO.CO.ZA will cease any use of the Entrepreneur’s materials referred to in Clause 6.14 above.
7.3. The Entrepreneur and WWW.BIZCO.CO.ZA has a right to cancel the Service of the Entrepreneur, by giving the other 20 (twenty) business days written notice of its intention to do so.
7.4. If WWW.BIZCO.CO.ZA is the direct or indirect cause of the transaction between the Entrepreneur and Investor WWW.BIZCO.CO.ZA will be entitled to the Success Fee. Under these circumstances, the Entrepreneur undertakes to pay the Success Fee to BCS2006TRADING even if its Service has been terminated or canceled.
7.5. WWW.BIZCO.CO.ZA will notify the Entrepreneur 2 (two) calendar months before the termination of the Entrepreneur Service Term.
8. BREACH OF TERMS AND CONDITIONS
8.1 In the event that, the Entrepreneur or WWW.BIZCO.CO.ZA commits a breach of these Terms and Conditions, and fails to remedy such breach within 7 (seven) working days after receiving written notice from the other party, calling for such a breach to be remedied, the party delivering such notice will be entitled, without prejudice, to any other rights it may have hereunder or in law, to terminate these Terms and Conditions which constitutes an agreement, by written notice to that effect given to the defaulting party.
8.2 The termination of the Terms and Conditions, for whatever reason, will not affect the rights of either the Entrepreneur or BCS2006TRADING:
8.2.1 that may have accrued before the termination of the Terms and Conditions;
8.2.2which specifically or by their nature survives the termination of the Terms and Conditions.
9.1 WWW.BIZCO.CO.ZA will take all reasonable steps to protect the personal information of Users. For the purpose of this clause, personal information (general and technical information relating to an identifiable, living, natural person, and where it is applicable, an identifiable existing juristic person) is as detailed in the Protection of Personal Information Bill (“POPI”).
9.2 WWW.BIZCO.CO.ZA respects the privacy of Users and will not collect personal data of online visitors unless they provide it to WWW.BIZCO.CO.ZA voluntarily. General and technical information is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
9.3 Any personal information and data collected is used solely by WWW.BIZCO.CO.ZA for purposes of providing the services offered on the WWW.BIZCO.CO.ZA, or otherwise.
9.4 WWW.BIZCO.CO.ZA undertakes not to sell, disclose or distribute personal information of Users to any third parties, for free, or for remuneration.
9.5 In the event that the User becomes an approved Entrepreneur, to enable WWW.BIZCO.CO.ZA to provide the Entrepreneur Services, the User may be obliged to share and submit additional personal information for use, review, and research purposes.
9.6 The personal information of Entrepreneurs will be kept private by WWW.BIZCO.CO.ZA and will only be disclosed to an Investor, in the event that the Entrepreneur is ready to present its business opportunity to interested Investors.
9.7 Upon registration as an Investor, the Investor will share information pertaining to the business activities and interest of the Investor to effect the Investor Services, and the Investor consents to the use of this information for the Investor Services, until such date the Investor is deregistered.
9.8 Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“RIC”), the User agrees to WWW.BIZCO.CO.ZA’S right to intercept, block, filter, read, delete, disclose, and use all communications sent or posted by the User to the WWW.BIZCO.CO.ZA WWW.BIZCO.CO.ZA, its staff, and employees.
9.9 The User agrees and acknowledges that the consent provided by the User, of this Clause 9, satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
10.1 Payments of the Entrepreneur Service Fee or Success Fee will be made to WWW.BIZCO.CO.ZA’s designated bank account by way of direct deposit or electronic funds transfer (EFT), after an invoice to this effect, has been received from WWW.BIZCO.CO.ZA.
10.2 No payment facilities will be available on the WWW.BIZCO.CO.ZA and payments must be effected as mentioned in 10.1 above.
10.3 The Entrepreneurs will be notified in the event that the designated bank account details of WWW.BIZCO.CO.ZA change.
10.4 Late payment penalties of R100.00 or interest will apply to any late payments, calculated at the current prime lending rates used by First National Bank from time to time.
10.5 WWW.BIZCO.CO.ZA is not a VAT vendor and no VAT will apply to amounts indicated for payments in terms of these Terms and Conditions.
10.6 CONSULTATIONS: Bizco Business Consulting, does not charge for a first consultation held on our premises. Should any Bizco Business Consulting consultant or representative be required to consult with a client on the client’s premises or any other premises away from the Bizco Business Consulting offices then a standard consultation fee of R650.00 per hour would apply.
11. ALLOWED USE AND LICENSE
11.1 WWW.BIZCO.CO.ZA licenses the User to view, download, and print the content of the WWW.BIZCO.CO.ZA, provided that such content is used for personal, educational, and/or non-commercial purposes only.
11.2 Content from the WWW.BIZCO.CO.ZA will not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of WWW.BIZCO.CO.ZA.
11.3 WWW.BIZCO.CO.ZA reserves the right to claim damages from, and/or institute criminal proceedings against, the User for misuse or infringement of materials published on the WWW.BIZCO.CO.ZA.
11.4 Apart from bona fide search engine operators and use of the search facility provided on the WWW.BIZCO.CO.ZA, by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the WWW.BIZCO.CO.ZA for any purposes, without the prior written consent of WWW.BIZCO.CO.ZA.
11.5 All licenses and/or permissions granted in terms of this Clause 11 are provided on a non-exclusive and non-transferable basis and may be terminated or canceled by WWW.BIZCO.CO.ZA at any time without giving reasons therefore.
11.6 The User hereby agrees not to use the WWW.BIZCO.CO.ZA and services for any purpose that is unlawful, improper, or prohibited by these Terms and Conditions.
11.7 The User agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of WWW.BIZCO.CO.ZA.
11.8 The User agrees not to modify, change, or amend the content of the WWW.BIZCO.CO.ZA’S WWW.BIZCO.CO.ZA content in whole or in part, in any manner whatsoever.
11.9 The User guarantees that he/she is older than 18 (eighteen) years.
11.10 The User agrees that it will only use this WWW.BIZCO.CO.ZA, the information contained thereon, and the online services in respect of the specific purposes for which it is created for.
11.11 In using the WWW.BIZCO.CO.ZA, information, or online services, the User will not:
11.11.1 disrupt or interfere with any other User’s enjoyment of such services or materials or any affiliated or linked sites,
11.11.2 upload, post, e-mail or otherwise transmit any viruses or other harmful, disruptive, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, ethnical or destructive files or content;
11.11.3 create a false identity;
11.11.4 use or attempt to use another’s account, password, service, or system without authorization from WWW.BIZCO.CO.ZA;
11.11.5 access or attempt to access any service or content which the User is not authorized to access;
11.11.6 disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;
11.11.7 conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any other similar activities.
12 HYPERLINKS TO AND FROM THIRD PARTY WEBSITES
12.1 The WWW.BIZCO.CO.ZA may produce search results or alternatively link you to other WWW.BIZCO.CO.ZAs on the internet. The aforesaid WWW.BIZCO.CO.ZAs may further contain information that may be viewed as offensive or inappropriate to certain demographics. WWW.BIZCO.CO.ZA hereby confirms that any search results produced or links to third-party or external WWW.BIZCO.CO.ZA is not under the control of WWW.BIZCO.CO.ZA, and you hereby acknowledge that WWW.BIZCO.CO.ZA is not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of the aforesaid third party of external WWW.BIZCO.CO.ZAs. Any links to third-party or external WWW.BIZCO.CO.ZAs may not be construed as WWW.BIZCO.CO.ZA endorsement of any or all of the aforesaid WWW.BIZCO.CO.ZAs content or as associations with its operators.
12.2 Hyperlinks to the WWW.BIZCO.CO.ZA from any other source will be directed at the home page of the WWW.BIZCO.CO.ZA. WWW.BIZCO.CO.ZA will not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of content from the WWW.BIZCO.CO.ZA, if such content was accessed through a hyperlink not directed at the home page of the WWW.BIZCO.CO.ZA. Persons that wish to link to content beyond the home page of the WWW.BIZCO.CO.ZA will do so at their own risk and indemnify WWW.BIZCO.CO.ZA against any loss, liability, or damage that may result from the use of content from the WWW.BIZCO.CO.ZA, if such content was accessed through a hyperlink not directed at the home page of the WWW.BIZCO.CO.ZA.
13 ELECTRONIC COMMUNICATIONS
13.1 When the User visits the WWW.BIZCO.CO.ZA and the User completes a web form to request information or when the User sends an e-mail to WWW.BIZCO.CO.ZA, and does not explicitly request a non-electronic communication medium, the User consents to receive communications from WWW.BIZCO.CO.ZA electronically and agrees that all agreements, notices, disclosures, and other communications sent by WWW.BIZCO.CO.ZA satisfies any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.
13.2 The User acknowledges and accepts that the action to click on specified buttons on certain web forms on WWW.BIZCO.CO.ZA’s sites may constitute an expression of intent or another statement.
14 INTELLECTUAL PROPERTY RIGHTS
14.1 Save for materials obtained from, or supplied by, Entrepreneurs and Advertisers, all content included on the WWW.BIZCO.CO.ZA, including the photographs, text, graphics, logos, trademarks, buttons, images, icons, databases, and software, are the property of WWW.BIZCO.CO.ZA and are protected by South African and international copyright and trademark laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the WWW.BIZCO.CO.ZA is the exclusive property of the WWW.BIZCO.CO.ZA WWW.BIZCO.CO.ZA and is protected by South African and international copyright laws.
14.2 WWW.BIZCO.CO.ZA will not be liable for any claim by a third party for copyright or trademark infringement by the Entrepreneur, Investor, or any other third party.
14.3 The User will, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this WWW.BIZCO.CO.ZA, and not, other than for his personal and non-commercial use, mirror or cache information provided via this WWW.BIZCO.CO.ZA on his own server or other computer or another storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this WWW.BIZCO.CO.ZA, without prior written permission of WWW.BIZCO.CO.ZA, unless as per license granted in Clause 6.14 above.
14.4 The Bizco trademarks reflected on WWW.BIZCO.CO.ZA is the exclusive property of WWW.BIZCO.CO.ZA. Unauthorized use of these trademarks is prohibited. Full details of the trademarks as reflected on the South African Trade Marks Register are available upon request.
15 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software, and content downloads available from the WWW.BIZCO.CO.ZA 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 WWW.BIZCO.CO.ZA has the duty to disclose the following information:
15.1 The full name and legal status of the WWW.BIZCO.CO.ZA owner: BCS2006TRADING t/a Bizco Business Consulting.
15.2 Registration Number: 2006/203135/23.
15.3 VAT Registration number: N/A.
15.4 Street address: 674 Conan Street, Moreleta Park, Pretoria, 0181.
15.5 Postal address: 674 Conan Street, Moreleta Park, Pretoria, 0181.
15.6 Physical address for receipt of legal service: 674 Conan Street, Moreleta Park, Pretoria, 0181.
15.7 Telephone Number: +27 (0) 86 123 7775.
15.8 Directors: View directors on WWW.BIZCO.CO.ZA.
15.9 The official email address of the WWW.BIZCO.CO.ZA is firstname.lastname@example.org.
15.10 Subject to urgent and/or interim relief, all disputes regarding:
15.10.1 access to the WWW.BIZCO.CO.ZA;
15.10.2 the inability to access the WWW.BIZCO.CO.ZA;
15.10.3 the services and content available from the WWW.BIZCO.CO.ZA; or
15.10.4 these Terms and Conditions, will be referred to Clause 18 below.
16 CHANGES AND AMENDMENTS
WWW.BIZCO.CO.ZA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
16.1 change these Terms and Conditions and the User of the WWW.BIZCO.CO.ZA can review the most current version of these Terms and Conditions at any time by accessing the “Terms and Conditions” link of the WWW.BIZCO.CO.ZA. In addition, when using particular WWW.BIZCO.CO.ZA information, the User of the WWW.BIZCO.CO.ZA may be subject to any posted guidelines or rules applicable to such services which may be posted from time to time;
16.2 change the content and/or services are available from the WWW.BIZCO.CO.ZA;
16.3 discontinue any aspect of the WWW.BIZCO.CO.ZA or service(s) available from the WWW.BIZCO.CO.ZA; and/or
16.4 change the software and hardware required to access and use the WWW.BIZCO.CO.ZA.
17 WWW.BIZCO.CO.ZA SECURITY
17.1 WWW.BIZCO.CO.ZA will take all reasonable steps to secure the content and confidential application and business plans submitted to the WWW.BIZCO.CO.ZA, and the information provided by and collected from Users, from unauthorized access and/or disclosure. However, WWW.BIZCO.CO.ZA does not make any warranties or representations that content will be 100% safe and secure.
17.2 WWW.BIZCO.CO.ZA is under no legal duty to encrypt any content or communications from and to the WWW.BIZCO.CO.ZA and is also under no legal duty to provide digital authentication of any page on the WWW.BIZCO.CO.ZA.
17.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the WWW.BIZCO.CO.ZA or the server and computer network that support the WWW.BIZCO.CO.ZA.
17.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the WWW.BIZCO.CO.ZA, whether on purpose or negligently, will, without any limitation, indemnify and hold WWW.BIZCO.CO.ZA harmless against any and all liability, damages, and losses WWW.BIZCO.CO.ZA and its partners/affiliates may suffer as a result of such damaging code.
17.5 Users may not develop, distribute, or use any device to breach or overcome the security measures of the WWW.BIZCO.CO.ZA and WWW.BIZCO.CO.ZA reserves the right to claim damages from any and all persons concerned with a security failure or breach.
18 ENTIRE AGREEMENT AND SEVERABILITY
18.1 These Terms and Conditions (which may be amended from time to time) constitute the entire agreement between WWW.BIZCO.CO.ZA and the User and will take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by WWW.BIZCO.CO.ZA from the User.
18.2 Any failure by WWW.BIZCO.CO.ZA to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
18.3 In the event that any Term and/or Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining terms and conditions. The remaining terms and conditions will remain enforceable and applicable.
19 INTERNATIONAL USE
WWW.BIZCO.CO.ZA at no time makes any representation, whether directly or indirectly, expressly or tacitly that any materials available on this WWW.BIZCO.CO.ZA is appropriate for use outside of the Republic of South Africa. Any access to materials on this WWW.BIZCO.CO.ZA, in any international region where said access is illegal, is strictly prohibited. Those who choose to access this WWW.BIZCO.CO.ZA from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.
In the event of a dispute between the User and any third party, WWW.BIZCO.CO.ZA will not be involved in such a dispute unless WWW.BIZCO.CO.ZA may deem it necessary to protect its rights and interests. In the event of a dispute between the User and WWW.BIZCO.CO.ZA, the User should address WWW.BIZCO.CO.ZA in writing and forward it to the following e-mail address: user@WWW.BIZCO.CO.ZA. The administrator will contact the party involved within 48 (forty-eight) hours from receipt of the alleged dispute in an attempt to resolve the matter.
21 GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa. The User hereby consents to the jurisdiction of the courts in Johannesburg in respect of any dispute arising in connection with this WWW.BIZCO.CO.ZA and which cannot be settled on the basis described above.
22 LEGAL COSTS
WWW.BIZCO.CO.ZA will not be liable for costs incurred by Users to obtain professional advice relating to these Terms and Conditions.
LICENSED TO WWW.BIZCO.CO.ZA. ALL OTHER RIGHTS RESERVED. UNAUTHORISED COPYING, USE, AND DISTRIBUTION PROHIBITED.