Website Legal Notice
CEMENT & CONCRETE SA NPC (CCSA)
1. WEBSITE TERMS AND CONDITIONS OF USAGE
1.1 Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage (“Terms and Conditions”) of CCSA website located at www.cemcon-sa.org.za (“Website”) owned by CCSA as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”)
Enquiries: [email protected]
Your usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions contained below and Your arising obligations towards CCSA. CCSA may amend these Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended Terms and Conditions shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. These Terms and Conditions were last revised on 1 March 2021. You are advised to check these Terms and Conditions regularly for any amendments or updates.
Enquiries: [email protected]
Limited Liability of CCSA. The User understands that usage of the Website is at the sole discretion and risk of the User. CCSA reserves the right to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Despite taking every effort to maintain the availability and accessibility of the Website, CCSA takes no responsibility for and will not be liable for the Website being temporarily unavailable or inaccessible.
1.2 No Warranty: The information contained on the Website is provided by CCSA and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third-party rights and/or freedom from errors or inaccuracies as far as permissible by law.
1.3 Indemnification of CCSA: You agree to defend, indemnify and hold CCSA, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and any legal and accounting fees, resulting from or alleged to result from Your use of this Website or the software supporting/enabling the Website.
1.4 Unauthorised use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way upon the rights of CCSA or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from CCSA. Unauthorised use of this Website may give rise to CCSA instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
1.5 Website Links: The Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not indicate that CCSA endorses the website(s) linked to. You agree that CCSA is not responsible for and does not bear any liability in relation to the content of the linked website(s). You may not create a link to this Website from another website or document without CCSA’s prior written consent, in which case the terms of linking to the Website shall be governed by the terms of Your “Linking Agreement” with CCSA.
1.6 Applicable Law and Jurisdiction: You consent to the jurisdiction of the Magistrates Court of South Africa for the adjudication of any legal dispute between CCSA and You. This Website Legal Notice will be construed and interpreted in accordance with the laws of the Republic of South Africa.
1.7 Severability: If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.
1.8 Website Intellectual Property: This Website comprises of software and content (such as text, articles, images and photographs, video, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans used on/in connection with the website) and trade secrets that is the intellectual property of CCSA and/or various third parties subject to the intellectual property/other laws of South Africa and as applicable foreign laws, international conventions, and treaties. Further, and to the extent that CCSA does not own specific content or such content falls within the public domain, CCSA may hold copyright/further intellectual property rights in the selection, co-ordination, arrangement, and enhancement of such content on the Website. No license to CCSA’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. Without limitation to the prohibitions placed on the User by contract or law and subject to 1.9 You expressly agree not to:
1.8.1 Reproduce or use the aforementioned intellectual property either in print or electronic form in violation of the intellectual property rights of CCSA and/or such third parties as applicable;
1.8.2 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website intellectual property without prior written approval of CCSA or in the case of third-party content, the rights holder of such intellectual property;
1.8.3 not to claim or convey ownership of Website intellectual property either in its entirety or otherwise;
1.8.4 modify the Website content for the purposes of reposting to other websites;
1.8.5 alter or remove any trademark, copyright, or other notice from the Website content; and
1.8.6 copy, store, or otherwise incorporate Website content or intellectual property into any other web site, electronic retrieval system, publication, or other work.
1.9 Unsolicited Commercial Communications (spam): You agree not to collect or use any Personal Information of Users of the Website and/or members CCSA for the purposes of transmitting and/or facilitating in the transmission of unsolicited commercial communications.
- CCSA INFORMATION AND WEBSITE COMPLIANCE
The following table contains further information on CCSA and represents the information that must be provided by CCSA to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 31 March 2011. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.
Enquiries: [email protected]
The full name of CCSA:
Cement & Concrete SA NPC
a non-profit, Public Benefit Organisation established in accordance with the Companies Act of South Africa.
CCSA’s physical address and telephone number:
Block D, Lone Creek Waterfall Park, Bekker Road, Midrand 1682
Tel: 011 315 0300
CCSA’s website and e-mail address contact addresses:
Membership of any self-regulatory or accreditation bodies to which CCSA belongs or subscribes:
American Concrete Institute (International Partner)
The registration number of CCSA
Registration Number: 2012/047311/08
VAT Number: 4250263888
The place of registration:
The physical address where the CCSA will receive legal service of documents:
Block D, Lone Creek, Waterfall Park, Bekker Road, Midrand, 1682
Tel: 011 315 0300
Description of the main characteristics of the products or services offered by CCSA:
CCSA offers its members technical seminars and conferences, networking opportunities, site visits, publications, members’ services directory (CCSA Directory), social interaction, voting rights. All focused on concrete.
The full price of goods or services, including transport costs, taxes and any other fees or costs:
Please see the webpage notices posted from time to time for the relevant costs.
The manner of payment:
Payment may be effected via bank deposit, internet transfer or by cheque.
The terms of Agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically:
As set out in this Legal Notice.
The time within which the goods will be dispatched or delivered or within which the services will be rendered:
CCSA shall confirm the customer’s order within 30 days after the day on which CCSA received the order unless the parties have agreed otherwise. Where the Concrete Society has failed to execute the order within the agreed period, the customer may cancel the agreement with seven days’ written notice.
Where CCSA is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable, CCSA shall immediately notify the customer of this fact and refund any payments within 30 days after the date of such notification.
The manner and period within which consumers can access and maintain a full record of the transaction:
Contact [email protected] to enquire about records.
Alternative Dispute Resolution Code:
You agree that in the event of a dispute or alleged breach of the terms hereof You will work together with CCSA in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration where both parties agree to resort to arbitration.
The minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on or on-going basis or recurrently:
The duration of subscriptions and advertising agreements are as set out under the webpage Rates and Data.
Specific services or reports are offered once-off.
The rights of the consumers in terms of Section 44 of the Consumer Protection Act:
You have the right as our customer to assume that in the case of any goods that we sell to You, we have the legal right to sell You those goods.
3.1 Privacy and Personal Information:
3.1.1 CCSA endeavours to comply with all laws and regulations governing privacy. As such, CCSA seeks to ensure the quality and accuracy of personal information in its possession and compliance with South African law.
3.1.2 CCSA shall not be obliged to ascertain or provide the identity of the sender of any messages or content.
3.2 Personal Information Collected, Principle of Minimalism and Purpose of Collection: Please be assured that the privacy of CCSA’s Users is of the utmost importance to CCSA. CCSA collects, processes and stores personal information of its Users subject to the following principles:
3.2.1 Relevant and minimal personal information of Users is collected for the purpose of managing User’s communications with CCSA. Users warrant that all personal information supplied by them with regard to an electronic transaction is both true and correct. In the event of any aspect of your personal information changing, it is your responsibility to immediately notify CCSA of the changes. Notification must occur via an email sent to [email protected]
3.3 Handling of Your Personal Information:
3.3.1 To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, CCSA has in place policies and procedures to protect the personal information CCSA collects about the User.
3.3.2 Users acknowledge that records relating to the provision of Services and personal information may be required to be retained in terms of law, operational purposes and for evidential reasons by CCSA. Users expressly agree to such processing, retention, and necessary access to such records.
3.3.3 Further, CCSA may use the contact information to provide the User with information in relation to events, services and/or products offered by CCSA.
3.4 Disclosure of personal information: CCSA may disclose personal information.
3.4.1 to comply with the law or with legal process;
3.4.2 protect and defend CCSA’s rights, equipment, facilities, and other property;
3.4.3 protect CCSA against misuse or unauthorised use of the Website; and/ or
3.4.4 protect other Website Users or third parties affected negatively by the relevant User’s use of the Website.