These terms and conditions are automatically binding and enforceable against all persons that access the WBHO website and use the information contained therein.
WBHO, on behalf of itself and all its subsidiaries, joint venture partners and associate companies (hereinafter referred to as WBHO), hereby invites and authorise the User (being any person who enters or uses the information contained in the WBHO website) to view, use and download information from the WBHO website contained on www.wbho.co.za, subject to the following terms and conditions of which WBHO in its sole and absolute discretion, may modify from time to time:
Restrictions on Use.
WBHO authorises the User to view, download, print and retransmit of the material displayed and/or contained on the WBHO website for non-commercial, educational and personal use. The User may not use, distribute, modify, transmit, or post the content of the WBHO website for public or commercial purposes, including any text, images, audio, or video without WBHO’s written permission.
Disclosures required by the ECT Act.
The Electronic Communication and Transactions Act, 2002 (Act No. 25 of 2002 – “ECT Act”) classifies the access to services, content, software and content downloads as “electronic transactions”, and the information contained in the WBHO website is classified as such, Therefore, the Users have rights detailed in Chapter VII of the ECT Act and WBHO has the corresponding duty to disclose the following information:
• Full name and legal status of the website owner: WBHO Ltd
• Company registration number: 1982/011014/06
• VAT registration number: 4940258512
• Registered address and address where legal documents can be served: 53 Andries Street, Wynberg, Sandton, Johannesburg, 2012, South Africa
• Postal address: P.O Box 531, Bergvlei, 2012
• Telephone number: +27 (0) 11 321 7200
• Main business: WBHO operates within South Africa and in other countries, and its main business comprise of sstructural construction and civil engineering, including but not limited to design, construction, maintenance, and related services.
• Website address: www.wbho.co.za
• Official email address for queries: email@example.com
• Costs associated to accessing and use of the information on WBHO website: Free
• Membership of self-regulatory or accredited bodies: Companies within the WBHO group have individual and separate memberships and accreditations. Users are encouraged to contact the relevant company to establish its membership and accreditations.
• Codes of conduct to which WBHO subscribes to: http://wbho.co.za/downloads/governance/WBHO-12-WBHO-Code-Of-Conduct.pdf
• Copies of the PAIA manual: www.sahrc.org.za
• Management: http://wbho.co.za/governance/
• Complaints: Any complaints related to the WBHO website shall be lodged at the WBHO’s registered address, alternatively, by emailing firstname.lastname@example.org. Users hereby assign the copyright in such complaints to WBHO and acknowledge that WBHO may use, disclose and publish such complaints and if furthermore under no legal duty to answer, resolve or address such complaints.
• Alternative dispute resolution: Any dispute related to the information contained in the WBHO website and these terms and conditions shall be referred to arbitration in terms of the Arbitration Foundation of South Africa rules and such arbitration proceedings shall be conducted in Johannesburg in English language. 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.
Intellectual Property rights.
All intellectual property on the WBHO website, including but not limited to content, trademarks, services marks, trade names, domain names, patents, design elements, software, databases, graphics, hyperlinks, logos, and icons are property of or licensed to WBHO or its affiliates or agents, and as such, are protected from infringement by domestic and international legislation and treaties. Nothing contained on this web site should be construed as granting, by implication or otherwise, any license or right to use any intellectual property displayed on this website without the written permission of WBHO or such third party that may own the trademarks displayed on this website. Subject to the rights granted to the User in terms of the above clause, all other rights of intellectual property on the WBHO website are expressly reserved.
E-mail to WBHO via website.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any information. With respect to any communications you make to WBHO, including but not limited to questions, comments, suggestions, feedback, and the like, you (i) understand and agree that WBHO reserves the rights to respond or not respond, in its discretion, to any questions submitted by you; (ii) understand and agree that such content will be deemed non-confidential; (iii) agree not to submit content that is infringing or that contains any viruses or other computer programming routines that may damage, detrimentally interfere with or otherwise adversely affect the operation of another”s computer, or surreptitiously intercept or expropriate any system, data or personal information; and (iv) grant to WBHO the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any rights you may have in such content. WBHO shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
Hyperlinks to Third Party sites.
Links to third party sites are included for the Users convenience. WBHO makes no representation regarding the content or accuracy of the third party sites which may be accessed through WBHO website. Users who wish to link to content beyond the home page of WBHO website shall do so at their own risk and indemnify WBHO against any loss. Liability or damage that may result from the use of content from WBHO website, if such content was assesses through a hyperlink not dot directed at the home page of the WBHO website. WBHO is not responsible for the content found on the third party sites, and such links do not imply endorsement, recommendation or sponsorship for the content of such target sites. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) and not WBHO. WBHO 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.
Disclaimer of Warranties.
All content on WBHO website is provided on a “AS IS” or “AS AVAILABLE” basis without warranty of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. WBHO makes no warranty or representations as to the accuracy, completeness, accuracy, or reliability of any content available through its website. The User is responsible for verifying any information before relying on it. Use of the website and the contents thereof is at the User’s sole risk. WBHO makes no representations or warranties that use of the website and its content will be uninterrupted or error-free. WBHO shall take all reasonable steps to ensure the quality and accuracy of content available from WBHO website and encourage Users to report incorrect and untrue information subject to the right of WBHO to rely on its free expression rights and determine in its sole and absolute discretion, the contents of this website. WBHO does not make any warranties or representations that the WBHO website shall be available at all times. Users acknowledge that the WBHO website may be unavailable due to updates or other causes beyond the reasonable control of WBHO, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God”.
Limitation of Liability.
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, WBHO (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any direct, indirect, incidental, consequential or special damages, loss or liability of any nature incurred by whomever and resulting from :
• Access to WBHO website;
• Access to websites linked to WBHO website;
• Inability to access the WBHO website;
• Inability to access websites linked to the WBHO website;
• Content available on the WBHO website;
• Services available on the WBHO website;
• Download, reliance and use of content from WBHO website; or
• Any other reason not directly related to WBHO’s gross negligence.
Information, ideas and opinions expressed on the WBHO website should not be regarded as professional advice or the official opinion of WBHO and Users are encouraged to seek professional advice before taking any course of action related to the information, ides or opinions expressed on the WBHO website.
Violations and Additional Policies.
WBHO reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to the website. Subject to the provisions of the Regulation of Interception of Communications Act, 2002 (Act No. 70 of 2002 – “RIC Act”), as amended from time to time, the User agrees to WBHO’s rights to intercept, bock, filter, read, delete, disclose and use all communications sent or posted by the User to the WBHO website, its staff and employees.
The WBHO website is hosted, controlled and operated from the Republic of South Africa and therefore the South African laws governs the use or inability to use the WBHO website, its content, services and these terms and conditions.
Entire Agreement and Severability.
These Terms and Conditions and all documents incorporated herein by reference constitute the entire agreement between WBHO and the User with respect to the WBHO website, and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by WHO from the User. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any failure by WBHO to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.