SOUTH AFRICAN BOERBOEL BREEDERS’ SOCIETY
1 INTERPRETATION AND PRELIMINARY
- Words implying:
- any one gender include the other gender;
- the singular include the plural and vice versa; and
- natural persons include created entities (incorporated or non-incorporated) and vice versa.
- References to notices, statements and other communications by or from SABBS include notices by or from any official SABBS agent.
- Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings:
- South African Boerboel Breeders’ Society shall mean the breeders’ society registered in terms of the Animal Improvement Act, No. 62 of 1998, Registration Number 62/98/B-68.
- Constitution means the Constitution of SABBS and its Bylaws, as amended, published on the Website.
- Act means the Animal Improvement Act, Act No. 62 of 1998, as amended, and includes any regulations and ordinances promulgated there under.
- SABBS is the acronym for the South African Boerboel Breeders’ Society and may be used interchangeably with the full version.
- Day shall mean any day of the week, excluding Sundays and public holidays;
- Content shall mean content currently or anticipated to be displayed on the SABBS Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs provided by SABBS, its affiliates and/or subsidiaries, or any other third Party;
- Owner(s) shall mean SABBS, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, board members, officials, agents, and employees;
- Supplier shall mean any person, company, natural or juristic person contracted by SABBS for the supply of products or services, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
- User means any User of the SABBS Website;
- Website means the SABBS website located at the domain name sabbs.org;
- Parties shall mean SABBS and the User, and Party shall mean any one of them as the context may indicated.
3 IMPLIED CONSENT
5 ECTA REQUIREMENTS
In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, SABBS makes the following information available to the User:
- The Supplier is the South African Boerboel Breeders’ Society (SABBS), registered as a breeders society in terms of the Animal Improvement Act, No. 62 of 1998, Registration Number 62/98/B-68, and with:
- Its registered address and domicilium citandi et executandi at 118 Henry Street, Westdene, Bloemfontein, 9301, South Africa;
- Contact number +27 (0) 51 4100950;
- Its office bearers, officials, representatives, agents being duly elected, co-opted, and/or appointed in terms of its Constitution, Bylaws, and/or any document and/or decision taken or produced in terms thereof.
- Its main business being the provision of products and services as defined in its Constitution, Bylaws, the Act, including any regulations and/or ordinances promulgated there under; and
6 USERNAME & PASSWORD
- The User may be required to set up an online profile as prerequisite for certain online transactions, which will include a username (email address) and password.
- It is the User’s responsibility to keep this information confidential and not to disclose this information to any third party.
- It is the User’s responsibility to ensure that the information on his online profile remains current.
- The User is requested to immediately inform SABBS in the event that he/she believes that his/her information has been compromised.
7 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- Content currently or anticipated to be displayed on the SABBS Website is provided by SABBS, its affiliates and/or agents, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
- All such proprietary works, and the compilation of the proprietary works, belong to SABBS, its affiliates or agents, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.
- SABBS reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the User.
- All rights in and to the Content is reserved and retained by the Owners.
8 LIMITED LICENSE TO GENERAL USERS
- The SABBS Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of SABBS or the Owners.
- The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of any other third party of whatsoever nature.
- The User may not frame nor use framing technologies to enclose the SABBS Website or the Content nor any part thereof without the express written consent of SABBS.
- Excepting the provisions of the Constitution, SABBS and the Owners do not offer products or services to minors. Persons under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website, or Content of the Website.
- SABBS and its supplier, the Owners, their affiliates or agents reserve the right to refuse service, terminate accounts, or remove or edit Content at their sole discretion.
- Any unauthorised use of The SABBS Website will terminate this license.
9 LIMITATION OF LIABILITY & DISCLAIMERS
- Subject to section 43(5) and 43(6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and SABBS, its suppliers, agents and the Owners shall not be held liable for any damage, or loss or liability of whatsoever nature incurred by whoever as a result of any act or omission.
- SABBS, its suppliers, agents and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.
- Neither SABBS nor any of its suppliers or agents, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Website or any functionality thereof, or of any linked website, even if SABBS is expressly advised thereof.
- Ideas and opinions expressed on the Website should not be considered as professional advice.
10 PRIVACY, ACCESS TO AND USE OF INFORMATION
- SABBS receives various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “Personal Information”).
- SABBS may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc.
- Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. SABBS, its suppliers, agents and the Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to SABBS, its suppliers, agents and/or the Owners through the Internet, or that the User expressly or implicitly authorises SABBS, its suppliers, agents and/or the Owners to make, or for any errors or any changes made to any transmitted information.
11 GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER
- This Website is controlled, operated and administered by SABBS from its offices as set out below within the Republic of South Africa.
- SABBS makes no representation that the Content is available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
- No indulgence shown by SABBS to the User may be construed as a waiver of any kind.
- This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.
12 CONTACT DETAILS
- Telephone: +27 (0) 51 4100950