Copyright Notice

Copyright Notice © 2002 Igloo Developments. All rights reserved.

Notice specific to copyrighted material owned by Igloo Developments: Igloo Developments hereby gives you permission to retrieve, store, cite or refer to or print material from this website only for educational, non-commercial or personal use.  You are not permitted to reproduce, publish, perform, broadcast, make an adaptation of, sell, let or offer or expose or hire any copy of the materials without the prior written permission of Igloo Developments. This includes the compilation of links to other sites.

Website Terms & Conditions

These terms and condition are binding and enforceable against all persons (users) that access the IGLOO or ROODEPOORT INFO website or any part thereof (the IGLOO or ROODEPOORT INFO website) in terms of Section 11 of the Electronic Communications and Transactions (ect) Act 25 of 2002. If you do not agree to these terms and conditions you must leave the IGLOO or ROODEPOORT INFO website now, as further use will automatically bind you to these terms and conditions.

DEFINITIONS AND INTERPRETATION

a) References herein to the IGLOO or ROODEPOORT INFO website or content shall include any part thereof;
b) References herein to User(s) means any person who access the IGLOO or ROODEPOORT INFO website, notwithstanding the fact that such a person only visited the home page of the IGLOO or ROODEPOORT INFO website;
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 the validity and interpretation of these terms and conditions.

1. GENERAL

IGLOO and ROODEPOORT INFO website is an internet portal specifically created to supply South Africans with the best local websites.  The design is kept simple and neat to keep our customers focused on what is important – finding their way around the web / internet. Only approved sites are listed, which means the confusion of a complete website directory is cut out. 

2. ALLOWED USE AND LICENSE

2.1 IGLOO DEVELOPMENTS licenses the User to view, copy, download and print the content of the IGLOO or ROODEPOORT INFO website, provided that:

2.1.1 such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2 any reproduction of content from the IGLOO or ROODEPOORT INFO website includes the following copyright notice: © IGLOO DEVELOPMENTS 2003. ALL RIGHTS RESERVED.

2.2 Content from the IGLOO or ROODEPOORT INFO website shall not be used or exploited for any commercial and non-private purposes without the prior written consent of IGLOO DEVELOPMENTS.
2.3 Users may only access and use the IGLOO or ROODEPOORT INFO website for legal purposes.
2.4 The caching of the IGLOO or ROODEPOORT INFO website shall only be allowed if :

2.4.1 The purpose of the caching is to make the onward transmission of the content from the IGLOO or ROODEPOORT INFO website 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 IGLOO DEVELOPMENTS.

2.5 If any person uses content from the IGLOO or ROODEPOORT INFO website in breach of the provisions detailed herein:

2.5.1 IGLOO reserves the right to claim damages from such person; and
2.5.2 IGLOO shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.

2.6 Hyperlinks to the IGLOO or ROODEPOORT INFO website from any other source shall be directed at the home page of the IGLOO or ROODEPOORT INFO website. IGLOO DEVELOPMENTS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the IGLOO or ROODEPOORT INFO website, if such content was accessed through a hyperlink not directed at the home page of the IGLOO or ROODEPOORT INFO website. Persons that wish to link to content beyond the home page of the IGLOO or ROODEPOORT INFO website shall do so at their own risk and undertake to indemnify IGLOO against any loss, liability or damage that may result from content on the IGLOO or ROODEPOORT INFO website, if such content was accessed through a hyperlink not directed at the home page of the IGLOO or ROODEPOORT INFO website.
IGLOO DEVELOPMENTS’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the IGLOO or ROODEPOORT INFO 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.
2.8 No person may frame the IGLOO or ROODEPOORT INFO website, in any manner, without the prior written consent of IGLOO DEVELOPMENTS.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the IGLOO or ROODEPOORT INFO website 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 IGLOO or ROODEPOORT INFO website for any purposes, without the prior written consent of IGLOO DEVELOPMENTS.
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 IGLOO DEVELOPMENTS at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the IGLOO or ROODEPOORT INFO website, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to IGLOO DEVELOPMENTS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the IGLOO or ROODEPOORT INFO website are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the IGLOO or ROODEPOORT INFO website.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services and content available from the IGLOO or ROODEPOORT INFO website is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and Igloo Developments has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: IGLOO DEVELOPMENTS
5.2 Postal & Street address:

8 Chris Street Kloofendal ROODEPOORT 1709

5.3 Physical address for receipt of legal service:

IGLOO / ROODEPOORT INFO
8 Chris Street Kloofendal ROODEPOORT 1709

5.4 Main business: The main business of IGLOO DEVELOPMENTS is the provision of the       best South African sites and other related goodies for the web
5.5 The web site address of the IGLOO or ROODEPOORT INFO website is: www.igloo.co.za; and ROODEPOORT INFO website is www.roodepoortinfo.co.za.
5.6 Costs: Access to content on the IGLOO or ROODEPOORT INFO website is free to any person who subscribes to these terms and conditions. Access to some pages on the IGLOO or ROODEPOORT INFO web site may be restricted to persons who registered through the “Sigh me in” function. Notwithstanding the a foregoing, IGLOO DEVELOPMENTS may, in future, charge fees for access to the IGLOO or ROODEPOORT INFO web site;
5.7 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.7.1 access to the IGLOO or ROODEPOORT INFO web site; 5.7.2 the inability to access the IGLOO or ROODEPOORT INFO web site; 5.7.3 the services and content available from the IGLOO or ROODEPOORT INFO web site; or 5.7.4 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 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:       http://www.arbitration.co.za
5.8 User may lodge complaints concerning the IGLOO and ROODEPOORT INFO web site to info@igloo.co.za.

6. CHANGES AND AMENDMENTS

IGLOO expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions; 6.2 change the content and/or services available from the IGLOO or ROODEPOORT INFO website; 6.3 discontinue any aspect of the IGLOO or ROODEPOORT INFO website or service(s) available from the IGLOO or ROODEPOORT INFO website; and/or 6.4 change the software and hardware required to access and use the IGLOO or ROODEPOORT INFO website.

7. PRIVACY

7.1 IGLOO DEVELOPMENTS shall take all reasonable steps to protect the personal information of Users. 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). The PAIA may be downloaded from http://www.dfa.gov.za/department/accessinfo_act.pdf
7.2 IGLOO DEVELOPMENTS may electronically collect, store and use the following personal information of Users:

7.2.1 name and surname; 7.2.2 birth date; 7.2.3 gender; 7.2.4 country of residence; 7.2.5 closest city; 7.2.6 non-personal browsing habits and click patterns; 7.2.7 e-mail address; and 7.2.8 IP address.

7.3 IGLOO DEVELOPMENTS collects, stores and uses the abovementioned information for the following purposes:

7.3.1 to greet the User when he/she accesses the IGLOO or ROODEPOORT INFO website; 7.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the IGLOO or ROODEPOORT INFO website; 7.3.3 subject to the User’s consent, inform the User about competitions and special offers from IGLOO DEVELOPMENTS and/or its partners / affiliates; 7.3.4 to provide the User with targeted advertising when he/she accesses the IGLOO or ROODEPOORT INFO website or the websites of IGLOO DEVELOPMENTS partners / affiliates; and 7.3.5 to compile non-personal statistical information about browsing habits, click-patterns and access to the IGLOO or ROODEPOORT INFO website.

7.4 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.
7.5 The User may elect not to receive any communications from IGLOO DEVELOPMENTS and/or its partners / affiliates.
7.6 IGLOO DEVELOPMENTS may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.6.1 IGLOO DEVELOPMENTS shall not disclose personal information from Users unless the User consents thereto; 7.6.2 IGLOO DEVELOPMENTS shall disclose information without the User’s consent only through due legal process; and 7.6.3 IGLOO DEVELOPMENTS may compile, use and share any information that does not relate to any specific individual.

7.7 IGLOO DEVELOPMENTS owns and retains all rights to non-personal statistical information collected and compiled by IGLOO DEVELOPMENTS.

8. HYPERLINKS TO THIRD PARTY SITES

IGLOO DEVELOPMENTS may provide hyperlinks to web sites not controlled by IGLOO DEVELOPMENTS and such links do not imply any endorsement, agreement on or support for the content of such target sites. IGLOO DEVELOPMENTS 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.

9. SECURITY

9.1 IGLOO DEVELOPMENTS shall take all reasonable steps to secure the content of the IGLOO DEVELOPMENTS website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, IGLOO DEVELOPMENTS does not make any warranties or representations that content shall be 100% safe and secure.
9.2 IGLOO DEVELOPMENTS is under no legal duty to encrypt any content or communications from and to the IGLOO or ROODEPOORT INFO website and is also under no legal duty to provide digital authentication of any page on the IGLOO or ROODEPOORT INFO website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the IGLOO or ROODEPOORT INFO website or the server and computer network that supports the IGLOO or ROODEPOORT INFO website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the IGLOO or ROODEPOORT INFO website, whether on purpose or negligently, shall, without any limitation, indemnify and hold IGLOO DEVELOPMENTS harmless against any and all liability, damages and losses IGLOO DEVELOPMENTS and its partners / affiliates may suffer as a result of such damaging code.
9.4 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 IGLOO DEVELOPMENTS and its partners / affiliates. The ECT Act may be downloaded from:       http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, IGLOO (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1 access to the IGLOO or ROODEPOORT INFO website;
10.1.2 access to web sites linked to the IGLOO or ROODEPOORT INFO website;
10.1.3 inability to access the IGLOO or ROODEPOORT INFO website;
10.1.4 inability to access web sites linked to the IGLOO or ROODEPOORT INFO website;
10.1.5 content available on the IGLOO or ROODEPOORT INFO website;
10.1.6 services available from the IGLOO or ROODEPOORT INFO website;
10.1.7 any other reason not directly related to Igloo Development’s gross negligence.

10.2 The IGLOO or ROODEPOORT INFO website 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 IGLOO DEVELOPMENTS, that the content and services available from and through the IGLOO or ROODEPOORT INFO website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the IGLOO or ROODEPOORT INFO website should not be regarded as professional advice or the official opinion of IGLOO DEVELOPMENTS and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the IGLOO or ROODEPOORT INFO website.
10.4 This web site is directed primarily at Users in the Republic of South Africa and therefor IGLOO DEVELOPMENTS shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
10.5 IGLOO DEVELOPMENTS sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and IGLOO DEVELOPMENTS only serves as an electronic distribution platform for such third party content. Therefore IGLOO DEVELOPMENTS shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the IGLOO or ROODEPOORT INFO website not created by IGLOO DEVELOPMENTS or its employees. 
10.6 IGLOO DEVELOPMENTS does not make any warranties or representation that content and services available from the IGLOO or ROODEPOORT INFO website will in all cases be true, correct or free from any errors. IGLOO DEVELOPMENTS shall take all reasonable steps to ensure the quality and accuracy of content available from the IGLOO or ROODEPOORT INFO website.
10.7 IGLOO DEVELOPMENTS does not make any warranties or representations that the IGLOO or ROODEPOORT INFO website will be available at all times. Users acknowledge that the IGLOO or ROODEPOORT INFO website may be unavailable due to updates or other causes beyond the reasonable control of IGLOO DEVELOPMENTS, including, but not limited to virus infection, power failure or other “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the IGLOO or ROODEPOORT INFO website to IGLOO DEVELOPMENTS, and IGLOO DEVELOPMENTS 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.

12. POSTINGS

12.1 Users may post their personal opinions, messages and ideas to the IGLOO or ROODEPOORT INFO website and discussion forums available on the IGLOO or ROODEPOORT INFO website.
12.2 Users undertake not to post content to the IGLOO or ROODEPOORT INFO website that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and IGLOO reserves the right to remove such content in terms of clause 11 above.
12.3 IGLOO DEVELOPMENTS does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
12.4 The User indemnifies and holds IGLOO DEVELOPMENTS harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the IGLOO or ROODEPOORT INFO website.

13. INTERCEPTION OF COMMUNICATIONS

13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to IGLOO DEVELOPMENTS’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the IGLOO or ROODEPOORT INFO website or its staff and employees. The RIC Act may be downloaded from http://www.info.gov.za/gazette/acts/2002/a70-02.pdf
13.2 Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.

14. ENTIRE AGREEMENT AND SEVERABILITY

14.1 These terms and conditions constitute the entire agreement between IGLOO DEVELOPMENTS and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by IGLOO from the User.
14.2 Any failure by IGLOO DEVELOPMENTS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 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.

15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and IGLOO DEVELOPMENTS agree that:
15.1 the User shall be bound to these terms and conditions and such agreement is concluded in Johannesburg at the time the User enters the IGLOO or ROODEPOORT INFO website for the first time;
15.2 data messages (as defined in the ECT Act) addressed by the User to IGLOO DEVELOPMENTS shall only be deemed to have been received by IGLOO DEVELOPMENTS if IGLOO DEVELOPMENTS responds thereto;
15.3 data messages (as defined in the ECT Act) addressed to the User by IGLOO DEVELOPMENTS shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4 data messages (as defined in the ECT Act) addressed by the User to IGLOO DEVELOPMENTS shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and IGLOO DEVELOPMENTS; and
15.6 the User agrees and warrants that data messages that are sent to IGLOO DEVELOPMENTS 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.

16. APPLICABLE AND GOVERNING LAW

The IGLOO or ROODEPOORT INFO website 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 the IGLOO or ROODEPOORT INFO website, its content, services and these terms and conditions.

17. LEGAL COSTS

IGLOO DEVELOPMENTS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

© Buys Inc Attorneys 2003. These terms and conditions may not be used or reproduced without the prior consent of Buys Inc Attorneys