Terms and Conditions

FOURWAYS Community Chamber of Commerce is a private-sector initiative with a mission to stimulate, support & grow local business economic activity.

FOURWAYS Community Chamber of Commerce is owned, and provided as a service, by the Community Chamber of Commerce Trust (Reg. No. IT020133/2014)

These terms and conditions are binding and enforceable against all persons that access the FOURWAYS Community Chamber of Commerce web site or any part thereof (“FOURWAYS Community Chamber of Commerce “) in terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).

If you do not agree to these terms and conditions you must leave the FOURWAYS Community Chamber of Commerce web site now, as further use will automatically bind you to these terms and conditions.

A copy of the ECT Act may be downloaded from http://www.polity.org.za under the heading “Legislation and Policy”.

Definitions and interpretation

a. ” FOURWAYS Community Chamber” means the FOURWAYS Community Chamber of Commerce initiative owned by the Community Chamber of Commerce Trust (Reg. No. IT020133/2014);
b. ” FOURWAYS Community Chamber of Commerce web site” means the FOURWAYS Community Chamber of Commerce web site located at www.fourwayscommunitychamber.co.za and includes any part or element thereof;
c. “User” means any person who enters or uses the FOURWAYS Community Chamber, notwithstanding the fact that such a person only visited the home page of the FOURWAYS Community Chamber web site;
d. References herein to the singular includes the plural and vice versa; and
e. 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
FOURWAYS Community Chamber was established in 2017 to stimulate, support & grow local business economic activity.

2. ALLOWED USE & LICENSE
2.1. FOURWAYS Community Chamber licenses the User to view, download and print the content of the FOURWAYS Community Chamber web site, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2. Content from the FOURWAYS Community Chamber web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of FOURWAYS Community Chamber.
2.3. Users may only access and use the FOURWAYS Community Chamber web site for legal purposes.
2.4. The caching of the FOURWAYS Community Chamber web site shall only be allowed if:
2.4.1. purpose of the caching is to make the onward transmission of the content from the FOURWAYS Community Chamber 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 FOURWAYS Community Chamber.
2.5. If any User uses content from the FOURWAYS Community Chamber web site in breach of the provisions detailed herein:
2.5.1. FOURWAYS Community Chamber reserves the right to claim damages from the User;
2.5.2. FOURWAYS Community Chamber reserves the right to institute criminal proceedings against the User; and
2.5.3. FOURWAYS Community Chamber 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 the FOURWAYS Community Chamber web site from any other source shall be directed at the home page of the FOURWAYS Community Chamber web site. FOURWAYS Community Chamber shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the FOURWAYS Community Chamber web site, if such content was accessed through a hyperlink not directed at the home page of the FOURWAYS Community Chamber web site. Persons that wish to link to content beyond the home page of the FOURWAYS Community Chamber web site shall do so at their own risk and indemnify FOURWAYS Community Chamber against any loss, liability or damage that may result from the use of content from the FOURWAYS Community Chamber web site, if such content was accessed through a hyperlink not directed at the home page of the FOURWAYS Community Chamber web site. FOURWAYS Community Chamber 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 FOURWAYS Community Chamber web site only if such quote is placed in inverted commas and acknowledged.
2.8. No person may frame the FOURWAYS Community Chamber web site, in any manner whatsoever, without the prior written consent of FOURWAYS Community Chamber.
2.9. Apart from bona-fide search engine operators and use of the search facility provided on the FOURWAYS Community Chamber web site 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 FOURWAYS Community Chamber web site for any purposes, without the prior written consent of FOURWAYS Community Chamber.
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 FOURWAYS Community Chamber at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS & DOMAIN NAME USE
3.1. All intellectual property on the FOURWAYS Community Chamber web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to FOURWAYS Community Chamber 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 the FOURWAYS Community Chamber web site are expressly reserved.
3.2. FOURWAYS Community Chamber is a claimed trademark and Users agree not to use the trademark as an elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to FOURWAYS Community Chamber at the cost of the User.

4. SOFTWARE & EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the FOURWAYS Community Chamber web site and/or download content from this web site.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the FOURWAYS Community Chamber web site 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 FOURWAYS Community Chamber has the duty to disclose the following information:
5.1. The full name and legal status of the web site owner: Community Chamber of Commerce Trust ;
5.2. Street address: 373 Leslie Ave, Fourways, 2050 ;
5.3. Postal address: PO Box 232, Pinegowrie, 2123 ;
5.4. Physical address for receipt of legal service: 373 Leslie Ave, Fourways, 2050 ;
5.5. Main business: The main business of FOURWAYS Community Chamber is detailed at www.fourwayscommunitychamber.co.za ;
5.6. The web site address of the FOURWAYS Community Chamber web site is: www.fourwayscommunitychamber.co.za ;
5.7. The official e-mail address of the FOURWAYS Community Chamber web site is: info@fourwayscommunitychamber.co.za ;
5.8. Membership of self-regulatory or accreditation bodies: Member of the International Christian Chamber of Commerce (ICCC) – see www.iccc.net ;
5.9. Codes of conduct to which the FOURWAYS Community Chamber web site subscribes:
5.9.1. No discrimination based on gender, qualification, race or religion, et al;
5.9.2. We are apolitical and the official chamber events are not to be used to promote a specific political view;
5.9.3. We are law-abiding & reserve the right to mobilise civic action against any oppressive law or interference that hinders individual freedoms as enshrined in the Constitution of The Republic of South Africa – 1996;
5.9.4. We believe that every individual is on earth to make a unique and positive contribution to society and in turn will reap the benefit thereof. The majority of our support and events are therefore structured in a way to provide an environment for personal and business growth;
5.9.5. We subscribe to the 3 Generational Mindset whereby we encourage each member to take personal responsibility to grow and position his family away from the limitations of a 1 Generational Mindset of “Me-my-I-Immediate Gratification” which causes economical Pain and Lack for families to the benefits of Building Wealth for Our Children’s Children;
5.9.6. We believe that every individual and business has underutilised assets/capacity. By having an open and sharing attitude, underutilised assets/capacity can be developed commercially to the mutual benefit of that member and the parties he/she wishes to partner with;
5.9.7. Whilst we encourage rigorous brainstorming to unearth potential new business which in turn create a “safe creative” business environment, we do not take responsibility for the actual feasibility of any such projects. Members must do their own due diligence before they engage in projects with a fellow member;
5.10. The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the FOURWAYS Community Chamber web site may be viewed on the FOURWAYS Community Chamber (click here);
5.11. Management: The management profile of FOURWAYS Community Chamber is available from: www.fourwayscommunitychamber.co.za ;
5.12. The costs associated with the access and use of the FOURWAYS Community Chamber products & services is available from www.fourwayscommunitychamber.co.za;
5.13. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1. access to the FOURWAYS Community Chamber web site;
5.13.2. the inability to access the FOURWAYS Community Chamber web site;
5.13.3. the services and content available from the FOURWAYS Community Chamber web site; or
5.13.4. 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;
5.14. 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 apply to this web site; and
5.15. Users may lodge complaints concerning the FOURWAYS Community Chamber web site with FOURWAYS Community Chamber at (telephone) +27 (83) 3029840 or (email) : info@fourwayscommunitychamber.co.za

6. CHANGES AND AMENDMENTS
FOURWAYS Community Chamber 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 FOURWAYS Community Chamber web site;
6.3. discontinue any aspect of the FOURWAYS Community Chamber web site or service(s) available from the FOURWAYS Community Chamber web site; and/or
6.4. change the software and hardware required to access and use the FOURWAYS Community Chamber web site.

7. PRIVACY
7.1. FOURWAYS Community Chamber 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). The PAIA may be downloaded from: http://www.polity.org.za.
7.2. FOURWAYS Community Chamber may electronically collect, store and use the following personal information of Users:
7.2.1. name and surname;
7.2.2. contact numbers;
7.2.3. non-personal browsing habits and click patterns;
7.2.4. e-mail address; and
7.2.5. IP address.
7.3. FOURWAYS Community Chamber collects, stores and uses the abovementioned information for the following purposes:
7.3.1. communicate requested information to the User; and
7.3.2. to compile non-personal statistical information about browsing habits, click-patterns and access to the FOURWAYS Community Chamber web site.
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. FOURWAYS Community Chamber may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 FOURWAYS Community Chamber shall not disclose personal information from Users unless the User consents thereto;
7.5.2. FOURWAYS Community Chamber shall disclose information without the User’s consent only through due legal process; and
7.5.3. FOURWAYS Community Chamber may compile, use and share any information that does not relate to any specific individual.
7.6. FOURWAYS Community Chamber owns and retains all rights to non-personal statistical information collected and compiled by FOURWAYS Community Chamber.

8. HYPERLINKS TO THIRD PARTY SITES
8.1. FOURWAYS Community Chamber may provide hyperlinks to web sites not controlled by FOURWAYS Community Chamber (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2. FOURWAYS Community Chamber 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. FOURWAYS Community Chamber shall take all reasonable steps to secure the content of the FOURWAYS Community Chamber web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, FOURWAYS Community Chamber does not make any warranties or representations that content shall be 100% safe and secure;
9.2. FOURWAYS Community Chamber is under no legal duty to encrypt any content or communications from and to the FOURWAYS Community Chamber web site and is also under no legal duty to provide digital authentication of any page on the FOURWAYS Community Chamber web site;
9.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the FOURWAYS Community Chamber web site or the server and computer network that support the FOURWAYS Community Chamber web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the FOURWAYS Community Chamber web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold FOURWAYS Community Chamber harmless against any and all liability, damages and losses FOURWAYS Community Chamber and its partners / affiliates may suffer as a result of such damaging code;
9.4. Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and FOURWAYS Community Chamber reserves the right to claim damages from any and all persons concerned with a security failure or breach; and
9.5. 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 FOURWAYS Community Chamber and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za

10. DISCLAIMER & 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, FOURWAYS Community Chamber (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:
10.1.1. access to the FOURWAYS Community Chamber web site;
10.1.2. access to web sites linked to the FOURWAYS Community Chamber web site;
10.1.3. inability to access the FOURWAYS Community Chamber web site;
10.1.4. inability to access web sites linked to the FOURWAYS Community Chamber web site;
10.1.5. content available on the FOURWAYS Community Chamber web site;
10.1.6. services available from the FOURWAYS Community Chamber web site;
10.1.7. downloads and use of content from the FOURWAYS Community Chamber web site;
10.1.8. any other reason not directly related to FOURWAYS Community Chamber gross negligence.
10.2. The FOURWAYS Community Chamber 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 FOURWAYS Community Chamber, that the content available from and through the FOURWAYS Community Chamber web site 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 FOURWAYS Community Chamber web site should not be regarded as professional advice or the official opinion of FOURWAYS Community Chamber and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the FOURWAYS Community Chamber web site.
10.4. FOURWAYS Community Chamber does not make any warranties or representation that content and services available from the FOURWAYS Community Chamber web site will in all cases be true, correct or free from any errors. FOURWAYS Community Chamber shall take all reasonable steps to ensure the quality and accuracy of content available from the FOURWAYS Community Chamber web site.
10.5. FOURWAYS Community Chamber does not make any warranties or representations that the FOURWAYS Community Chamber web site shall be available at all times. Users acknowledge that the FOURWAYS Community Chamber web site may be unavailable due to updates or other causes beyond the reasonable control of FOURWAYS Community Chamber, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.

11. REMOVAL & CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content appearing on the FOURWAYS Community Chamber web site to FOURWAYS Community Chamber and FOURWAYS Community Chamber 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. INTERCEPTION OF COMMUNICATION
12.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to FOURWAYS Community Chamber’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the FOURWAYS Community Chamber web site, its staff and employees; and
12.2. 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.

13. ENTIRE AGREEMENT & SEVERABILITY
13.1. Subject to the provisions of the Content Use License (2. above), these terms and conditions constitute the entire agreement between FOURWAYS Community Chamber and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by FOURWAYS Community Chamber from the User.
13.2. Any failure by FOURWAYS Community Chamber to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3. 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.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and FOURWAYS Community Chamber agree that:
14.1. 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 the FOURWAYS Community Chamber web site for the first time or immediately after the User indicated consent as required in the Content Use Agreement (2. above);
14.2. data messages (as defined in the ECT Act) addressed by the User to FOURWAYS Community Chamber shall only be deemed to have been received if and when responded to;
14.3. data messages (as defined in the ECT Act) addressed to the User by FOURWAYS Community Chamber shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4. data messages (as defined in the ECT Act) addressed by the User to FOURWAYS Community Chamber shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and FOURWAYS Community Chamber; and
14.6. the User agrees and warrants that data messages that are sent to FOURWAYS Community Chamber 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.

15. APPLICABLE & GOVERNING LAW
Subject to clause 5.13, the FOURWAYS Community Chamber 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 the FOURWAYS Community Chamber web site, its content, services and these terms and conditions.

16. LEGAL COSTS
FOURWAYS Community Chamber shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

© 2017. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.