THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE FUNDANI COMPUTER SYSTEMS WEBSITE OR ANY PART THEREOF (THE FUNDANI COMPUTER SYSTEMS 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 FUNDANI COMPUTER SYSTEMS WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: SA Government website
DEFINITIONS AND INTERPRETATION

a) “User” means any person who enters or uses the Fundani Computer Systems website, notwithstanding the fact that such a person only visited the home page of the Fundani Computer Systems web site
b) “Data message” means data generated, sent, received or stored by electronic means and includes:
Voice, where the voice is used in an automated transaction. A stored record.
c) References herein to the singular includes the plural and vice versa.
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 determination of the validity and interpretation of these terms and conditions.
1. GENERAL
The Fundani Computer Systems website provides information, guidelines and services relating to revenue and customs tax affairs.
2. ALLOWED USE AND LICENSE
2.1 Fundani Computer Systems licenses the User to view, download and print the content of the Fundani Computer Systems website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2 Content from the Fundani Computer Systems website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Fundani Computer Systems
2.3 Users may only access and use the Fundani Computer Systems website for legal purposes.
2.4 The caching of the Fundani Computer Systems website shall only be allowed if: agreement is entered between the user and Fundani Computer systems.

2.4.1 The purpose of the caching is to make the onward transmission of the content from the Fundani Computer Systems 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.
2.4.4 The cached content is removed or updated when so required by Fundani Computer Systems
2.5 If any User uses content from the Fundani Computer Systems web site in breach of the provisions detailed herein:
2.5.1 Fundani Computer Systems reserves the right to claim damages from the User.
2.5.2 Fundani Computer Systems reserves the right to institute criminal proceedings against the User.
2.5.3 Fundani Computer Systems 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 Fundani Computer Systems website from any other source shall be directed at the home page of the Fundani Computer Systems website. Fundani Computer Systems shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Fundani Computer Systems website, if such content was accessed through a hyperlink not directed at the home page of the Fundani Computer Systems website. Persons that wish to link to content beyond the home page of the Fundani Computer Systems website shall do so at their own risk and indemnify Fundani Computer Systems against any loss, liability or damage that may result from the use of content from the Fundani Computer Systems website, if such content was accessed through a hyperlink not directed at the home page of the Fundani Computer Systems website. Fundani Computer Systems 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 Fundani Computer Systems website only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the Fundani Computer Systems website, in any manner whatsoever, without the prior written consent of Fundani Computer Systems.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Fundani Computer Systems 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 Fundani Computer Systems website for any purposes, without the prior written consent of Fundani Computer Systems.
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 Fundani Computer Systems at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the Fundani Computer Systems website, 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 Fundani Computer Systems 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 Fundani Computer Systems we site are expressly reserved.
3.2 Users agree not to use the trade name “Fundani Computer Systems” as an element 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 Fundani Computer Systems at the cost of the User.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, system and information security, software, lines and access accounts to access the Internet and the Fundani Computer Systems website 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 Fundani Computer Systems website 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 Fundani Computer Systems has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: Fundani Computer Systems
5.2 Street address: 28 Crompton Street, 21 Umdoni Centre, Pinetown, 3610, SA
5.3 Postal address: P.O Box 339, Pinetown, 3600, SA
5.4 Physical address for receipt of legal service: See 5.2
5.5 Main business: ICT services and products.
5.6 The web site address of the Fundani Computer Systems website is: www.fundani.com
5.7 The official e-mail addresses of the Fundani Computer Systems website is available from: Contact page
5.8 Membership of self-regulatory or accreditation bodies: None.
5.9 Codes of conduct to which the Fundani Computer Systems web site subscribes: None.
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 Fundani Computer Systems website may be downloaded from: Not here
5.11 Management: here.
5.12 The costs associated with the access and use of the Fundani Computer Systems web site: Free of charge unless otherwise agreed with user.
5.13 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding-
5.13.1 Access to the Fundani Computer Systems website;
5.13.2 the inability to access the Fundani Computer Systems website;
5.13.3 the services and content available from the Fundani Computer Systems website; or
5.13.4 these terms and conditions, shall be referred to arbitration in terms of the Fundani Computer Systems Dispute Resolution services available upon request.
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 not apply to this web site.
6. CHANGES AND AMENDMENTS
Fundani Computer Systems 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 Fundani Computer Systems website.
6.3 Discontinue any aspect of the Fundani Computer Systems website or service(s) available from the Fundani Computer Systems website.
6.4 Change the software and hardware required to access and use the Fundani Computer Systems website.
7. PRIVACY
7.1 Fundani Computer Systems 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).
7.2 Fundani Computer Systems 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;
7.2.5 IP address;
7.3 Fundani Computer Systems collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User.
7.3.2 Provide the User with access to restricted pages on this web site.
7.3.3 To compile non-personal statistical information about browsing habits, click-patterns and access to the Fundani Computer Systems 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 Fundani Computer Systems may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 Fundani Computer Systems shall not disclose personal information from Users unless the User consents thereto.
7.5.2 Fundani Computer Systems shall disclose information without the User’s consent only through due legal process.
7.5.3 Fundani Computer Systems may compile, use and share any information that does not relate to any specific individual.
7.6 Fundani Computer Systems owns and retains all rights to non-personal statistical information collected and compiled by Fundani Computer Systems
8. HYPERLINKS TO THIRD PARTY SITES
8.1 Fundani Computer Systems may provide hyperlinks to websites not controlled by Fundani Computer Systems (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2 Fundani Computer Systems 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 Fundani Computer Systems shall take all reasonable steps to secure the content of the Fundani Computer Systems web site and the information provided by and collected from Users from unauthorised access and/or disclosure. Fundani Computer Systems does, however, not make any warranties or representations that content shall be 100% safe and secure.
9.2 Fundani Computer Systems is under no legal duty to encrypt any content or communications from and to the Fundani Computer Systems web site and is also under no legal duty to provide digital authentication of any page on the Fundani Computer Systems 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 Fundani Computer Systems web site or the server and computer network that support the Fundani Computer Systems web site.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Fundani Computer Systems web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Fundani Computer Systems harmless against any and all liability, damages and losses Fundani Computer Systems and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Fundani Computer Systems website and Fundani Computer Systems reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.6 Users may not interfere with data or services in any way to cause data or services to be modified, destroyed or otherwise rendered ineffective (e.g. denial of service attacks).
9.7 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 Fundani Computer Systems and its partners / affiliates. The ECT Act may be downloaded from: SA Government websites
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, Fundani Computer Systems (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 Fundani Computer Systems website;
10.1.2 access to websites linked to the Fundani Computer Systems website;
10.1.3 inability to access the Fundani Computer Systems website;
10.1.4 inability to access websites linked to the Fundani Computer Systems website;
10.1.5 content available on the Fundani Computer Systems website;
10.1.6 services available from the Fundani Computer Systems website;
10.1.7 downloads and use of content from the Fundani Computer Systems website; and
10.1.8 any other reason not directly related to Fundani Computer Systems gross negligence.
10.2 The Fundani Computer Systems 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 Fundani Computer Systems, that the content available from and through the Fundani Computer Systems 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 Fundani Computer Systems website should not be regarded as professional advice or the official opinion of Fundani Computer System sand Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Fundani Computer Systems website.
10.4 Fundani Computer Systems does not make any warranties or representation that content and services available from the Fundani Computer Systems website will in all cases be true, correct or free from any errors. Fundani Computer Systems shall take all reasonable steps to ensure the quality and accuracy of content available from the Fundani Computer Systems website.
10.5 Fundani Computer Systems does not make any warranties or representations that the Fundani Computer Systems website shall be available at all times. Users acknowledge that the Fundani Computer Systems website may be unavailable due to updates or other causes beyond the reasonable control of Fundani Computer Systems, including, but not limited to virus infection, unauthorised access (hacking), 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 Fundani Computer Systems website to Fundani Computer Systems and Fundani Computer Systems 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 COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Fundani Computer Systems right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Fundani Computer Systems website, its staff and employees.
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 AND SEVERABILITY
13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Fundani Computer Systems and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Fundani Computer Systems from the User.
13.2 Any failure by Fundani Computer Systems 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 Fundani Computer Systems agree that:
14.1 The User shall be bound to these term and conditions and such agreement is concluded in Durban (South Africa) at the time the User enters the Fundani Computer Systems website for the first time or immediately after the User indicated consent as required in Content Usage Agreement.
14.2 Data messages (as defined in the ECT Act) addressed by the User to Fundani Computer Systems shall only be deemed to have been received if and when responded to and/or acknowledges receipt.
14.3 Data messages (as defined in the ECT Act) addressed to the User by Fundani Computer Systems 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 Fundani Computer Systems shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa.
14.5 All electronic communications between the User and Fundani Computer Systems is valid and legally binding regardless of whether security mechanisms are applied or not (e.g. electronic signatures and encryption).
14.6 The User agrees and warrants that data messages that are sent to Fundani Computer Systems 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 AND GOVERNING LAW
Subject to clause 5.13, the Fundani Computer Systems 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 Fundani Computer Systems web site, its content, services and these terms and conditions.
16. LEGAL COSTS
Fundani Computer Systems shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
17. ELECTRONIC MAIL (E-MAIL) LEGAL NOTICE
17.1 This e-mail legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002..
17.2 This e-mail transmission contains confidential information, which is the property of the (“Fundani Computer Systems”). No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorised disclosure and/or use may result in civil and criminal liability.
17.3 The information in this e-mail or attachments thereto is intended for the attention and use of the addressee only. If you are not the intended addressee/recipient, you are hereby notified that any disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this e-mail in error, please delete and destroy it and any attachments thereto immediately. At no time may you act on the information contained therein.
17.4 The e-mail address of the sender may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior consent of Fundani Computer Systems.
17.5 Under no circumstances shall Fundani Computer Systems or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Fundani Computer Systems or the sender of this e-mail have been expressly advised of the possibility of such damages.
17.6 Any agreements concluded with Fundani Computer Systems by using electronic correspondence shall only come into effect once Fundani Computer Systems indicated such contract formation in a follow up or return communication.
17.7 No e-mail correspondence sent to Fundani Computer Systems shall be deemed to have been received until Fundani Computer Systems has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause.
17.8 No warranties are made or implied that any employee and/or contractor of Fundani Computer Systems is authorised to create and send this communication.
17.9 Fundani Computer Systems reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail messages and all e-mail messages send as reply messages to the e-mail address of the sender.
17.10 Fundani Computer Systems retains the copyright to all e-mail messages and attachments sent from its communications systems. The recipient / addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by the sender.
17.11 The views and opinions expressed in this e-mail message do not necessarily reflect the views and/or opinions of Fundani Computer Systems. If this e-mail message is used for purposes unrelated to the official business of Fundani Computer Systems, Fundani Computer Systems shall not be liable for any damage or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity.
17.12 Subject to urgent and interim court relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the following-
17.12.1 interpretation and enforceability of this e-mail legal notice;
17.12.2 content (including message headers, links and/or attachments) of this e-mail message; and/or
17.12.3 Sending or receipt of this e-mail message, shall be referred to urgent and confidential arbitration in terms of the Fundani Computer Systems Dispute Resolution services available from here.
17.13 The law of South Africa shall govern this e-mail message and legal notice.
17.14 Information disclosures required by law
17.14.1 Full name of Fundani Computer Systems: Fundani Computer Systems (PTY)LTD
17.14.2 VAT registration number: [to be provided upon request]
17.14.3 Postal address: PO Box 339, Pinetown, 3600, South Africa.
17.14.4 Street address: 28 Crompton Street, 21 Umdoni Centre, Pinetown, 3610, South Africa.
17.14.5 Web site: www.fundani.com
17.14.6 Promotion of Access to Information Act Manual: SA Government website
17.15 This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) received by employees or contractors utilising the communications facilities of Fundani Computer Systems
17.16 Please contact the following person should you have any questions regarding this e-mail legal notice: McDonald Kambuwa
17.18 Fundani Computer Systems retains the copyright in this e-mail legal notice. ©2010, ALL RIGHTS RESERVED. Copying, distribution or use of this notice, in whole or in part, may result in civil and criminal prosecution.
©2010. ALL RIGHTS ARE RESERVED.