Mpumalanga Government Website - Terms and Conditions of Use
Any user accessing this website is subject to, and by
conduct, agrees to, the terms and conditions set out in this
legal notice. If the user does not wish to be bound by these
terms and conditions, the user may not access, display, use or
download and/or otherwise copy or distribute content obtained at
this website.
1. Usage and copyright
1.1 Users may view, copy, download, print and distribute the content of this website, or any part thereof for informational or reference purposes only and for non-commercial purposes.
1.2 Users who wish to use content from this site for commercial purposes may only do so on receipt of prior written permission obtained from the Web Manager at telephone number +27 13 766 2290 or e-mail nmyataza@mpg.gov.za. Any reproduction and/or copy of the content or part thereof for commercial purposes must include this copyright notice in its entirety: © MPG2009: ALL RIGHTS RESRVED.
1.3 All moral rights and any other rights of the Mpumalanga Provincial Government (MPG) or other legal entity in respect of which content is contained on this site not expressly granted, are reserved.
2. Intellectual property rights
All content, data and trademarks, including, but not limited
to, software, technology, databases, know-how, text, graphics,
icons, hyperlinks, private information, designs, program,
publication, product, process, or idea described in this website
may be the subject of other rights, including other intellectual
property rights, which are the property of or licensed to the
MPG, or a legal entity, and as such are protected from
infringement by South African legislation and international
treaties and conventions. Subject to the rights afforded to the
user herein, all other rights to all intellectual property on
this website are expressly reserved and by accessing data on
this website the user is not licensed or authorised.
3. Disclaimer
3.1 This information on this website is intended to provide
general information on a particular subject or subjects and is
not an exhaustive treatment of such subject(s).
3.2 It is the sole responsibility of the user to satisfy
him/herself prior to accessing this website that the website
will meet the user's individual requirements and be compatible
with the user's hardware and/or software. Information, ideas and
opinions expressed on this site should not be regarded as
professional advice or the official opinion of the MPG or any
legal entity in respect of which information, ideas and opinions
are expressed on this website. Users are encouraged to consult
for professional advice before taking any course of action
related to information, ideas or opinions expressed on this
site.
3.3 The MPG makes no representations or warranties, implied or
otherwise, that, amongst others, the content and technology
available from this site are free from errors or omissions or
that the service will be 100% uninterrupted and error free or
will meet any particular criteria of performance or quality.
This site is provided "as is".
3.4 Therefore the MPG expressly disclaims all implied
warranties, including, without limitation, warranties of
merchantability, title, fitness for a particular purpose,
non-infringement, compatibility, security, and accuracy and
makes no express or implied representations or warranties
regarding the content of the website and that the website has
been compiled or supplied to meet the user's individual
requirements. Users are encouraged to report any possible
errors, malfunctions or offensive material by using the feedback
link.
3.5 The use of the content of this website is at the user's own
risk. The user assumes full responsibility and risk of loss
resulting from the use of the content of this site. The MPG or
any of the legal entities in respect of which information are
contained on this site, or employees of the MPG or such entity,
will not be liable for any special, indirect, incidental,
consequential, or punitive damages or any other damages
whatsoever, whether in an action of contract, statute,
(including, without limitation, negligence), or otherwise,
relating to the use of this document or information.
3.6 If any of the foregoing is not fully enforceable for any
reason, the remainder shall nonetheless continue to apply.
Subject to sections 43(5) and 43(6) of the Electronic
Communications and Transactions Act 25 of 2002, the MPG shall
not be liable for any damage, loss or liability of whatsoever
nature arising from the use or inability to use this website or
the services or content provided from and through this website.
The provisions of Part 2 of Chapter III of the Electronic
Communications and Transactions Act 25 of 2002 are hereby
excluded from applying to any electronic communications and data
messages that a user sends to the MPG via this website. Any
communication or data message that a user sends to the MPG will
be regarded as having been received by the MPG when receipt is
acknowledged in writing. If the user does not receive a response
within a reasonable period of time, the user should follow it up
with the MPG. The MPG shall not be liable for any failure to
respond.
4. Security
4.1 Protection
4.1.1 The MPG has in place reasonable commercial standards of
technology and operational security to protect all information
provided by users from loss, misuse, alteration or destruction.
All reasonable steps will be taken to secure the user's
information.
4.1.2 Authorised employees, who are responsible for the
maintenance of any sensitive data submitted, are required to
maintain the confidentiality of such data. This principle
applies to all employees of the MPG or public bodies that may
receive such information from the MPG.
Users may not deliver or attempt to deliver, whether on purpose
or negligently, any damaging code, such as computer viruses, to
the MPG web site or the server and computer network that support
MPG web site.
4.1.3
Notwithstanding criminal prosecution or claim for civil
damages, any person who delivers any damaging code to the MPG
web site, whether on purpose or negligently, shall, without any
limitation, indemnify and hold MPG harmless against any and all
liability, damages and losses MPG and its partners / affiliates,
or other legal entities may suffer as a result of such damaging
code.
4.1.4 Users may not develop, distribute or use any device to
breach or overcome the security measures in place and MPG
reserves the right to claim damages any and all persons
concerned with a security failure or breach.
4.2 Linkage and framing
4.2.1 We welcome third party websites to link to the information
that is hosted on these pages. It is expressly prohibited for
any person, business, entity or website to frame any page on
this website, including the home page, in any way whatsoever,
without the prior written approval of the MPG.
5. Hyperlinks to the third party sites
5.1 Certain links in the web server lead to resources
maintained by third parties over whom the MPG has no direct
control. The MPG makes no representations or warranties as to
the accuracy of, or any other aspect relating to, those
resources.
6. Privacy
6.1 Introduction
6.1.1 The privacy statement applies to the MPG and any legal
entity, which control, verifies or make use of information that
may be collected via this site.
6.1.2 The user may visit this site without providing any
personal information. The user, however, agrees to the use of
such data in accordance with this privacy statement. Please
note that this site may contain links to other sites which are
not being governed by this privacy statement.
6.1.3 If the user has any questions or concerns regarding this
privacy statement or the user's privacy while using this
Website, the feedback link could be used.
6.2 Cookies
6.2.1 The MPG may use cookies (small text files stored in a
user's browser) or web beacons (electronic images that allow
this website to count users who have accessed a particular page
and to access certain cookies) to ensure that the website is
well managed and to facilitate improvement of the site. The MPG
or its service provider(s) may use cookies to collect aggregate
data. The MPG may use such devices from time to time to track
information on its systems and identify categories of users by
items such as IP address, domain, browser type and pages
visited. This information is reported to the web administrator
who uses the information to analyse the number of users to
different areas of the site and to make sure that this site is
serving as a useful, effective information source.
6.2.2 Neither cookies nor web beacons collect personal
information such as the user's name or e-mail address. The user
may reject cookies as most browsers permit individuals to
decline cookies. Under certain circumstances users may be denied
access to some parts of this website if their browsers are set
to decline cookies.
6.3 Personal information use
6.3.1 Personal information is used only for limited purposes
e.g. when a user registers with the website to request future
communications about MPG's areas of interest. The MPG may use
the information a user submits to create a personal profile to
customise its response to further requests or inquiries and to
improve the website. When a user chooses to register online for
an MPG-hosted event, the MPG will use the information the user
submits to respond to the user. In addition, the web
administrator may, where necessary, use the user's information
for various site related tasks.
6.3.2 The MPG will ensure that any marketing activities comply
with applicable law and that it is implemented with procedures
to obtain the necessary consent before sending the user's e-mail
containing information about the MPG's services. The user may at
any time request that the MPG discontinues sending such
materials to the user by using the feedback or unsubscribe link.
6.4 Disclosure to third parties
6.4.1 Although the MPG may provide users' information to service
providers that handle information on its behalf, it will usually
not share the information with third parties or other public
entities for secondary or unrelated purposes unless otherwise
disclosed at the point of collection.
6.4.2 Personal information may be transmitted internationally
through the MPG or to third parties for the purposes identified
above. This will not include transfer to countries without data
protection rules similar to those in effect in the user's
country of residence. By providing information to the MPG
through this website, the user is consenting to such transfers.
6.4.3 Where appropriate, personal information may be disclosed
to law enforcement, regulatory or other government agencies, or
third parties where necessary or desirable to comply with legal
or regulatory obligations or requests or for the purposes
identified above.
6.5 Access to personal information
6.5.1 If personal information has been submitted to this
website, users who wish to review their personal information may
do so by requesting such a review through the feedback link.
Users will then be able to access their user profile, correct
and update their details, or unsubscribe at any time. Users who
have any problem accessing their profiles, or would like to
request a copy of their personal information should contact the
web administrator using the feedback link. In all cases the MPG
will treat requests to access information or change information
in accordance with applicable legal requirements.
6.6 No agreement
6.6.1 Nothing contained herein creates or is intended to create
a contract or agreement between the MPG and any user visiting
the website.
6.7 Children's privacy protection
6.7.1 The MPG recognises the importance of protecting children's
privacy in the interactive online world.
7. Severability
7.1 These terms and conditions of use constitute the entire
professional or other relationship between the MPG and the user
of this website. Any failure by the MPG to exercise or enforce
any right or provision of these terms and conditions of use
shall in no way constitute a waiver of such right or provision.
If any term or condition of the use of this website is not fully
enforceable or valid for any reason, such term(s) or
condition(s) shall be severable from the remaining terms and
conditions. The remaining terms and conditions shall not be
affected by such unenforceability or invalidity and shall remain
enforceable and applicable.
8. Updating of these terms and conditions
8.1 The MPG reserves the rights to change, modify, add to or
remove from portions or the whole of these terms and conditions
of use from time to time. Changes to these terms and conditions
of use will take effect upon such changes being posted to this
website. It is the user's obligation to periodically check these
terms and conditions of use at this website for changes or
updates. The user's continued use of this website following the
posting of changes or updates will be considered notice of the
user's acceptance to abide by and be bound by these terms and
conditions of use, including such changes or update
9. Removal and correction of information
9.1 Users are encouraged to report untrue, inaccurate,
defamatory, illegal, infringing and/or harmful content available
from MPG web site to MPG Web manager. The MPG 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.
10. Information about website and owner
The full name and legal status of the website owner is:
Mpumalanga Provincial Government (MPG), a Province in the
Eastern part of the Republic of South Africa, as headed by the
Premier of the Province.
The website address of this website is:
http://www.mpumalanga.gov.za/otp
Contact details of website owner:
Street Address:
Building No. 2 Government Boulevard
Riverside,
Nelspruit
South Africa
Postal address:
Office of the Premier
Private Bag X 11291
Nelspruit
1200
Tel No: +27 13 766 2290/2302
Fax No: +27 13 766 2495
E-mail: nmyataza@mpg.gov.za,
mkhonzamp@mpg.gov.za