TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ELECTORAL COMMISSION’S WEBSITE OR ANY PART THEREOF (THE IEC’s 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 IEC’S WEBSITE NOW.
DEFINITIONS AND INTERPRETATION
a) “User” means any person who enters or uses the IEC’s website, notwithstanding the fact that such a person only visited the home page of the IEC’s website.
b) “Data Message” has the meaning given in section 1 of the ECT Act.
c) References herein to the singular includes the plural and vice versa.
d) Notwithstanding the fact that hyperlinks in these terms and conditions to 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.
The IEC’s website provides information, guidelines and services relating to National, Provincial and Municipal Elections.
2. ALLOWED USE AND LICENSE
2.1. IEC’s licenses the User to view, download and print the content of the IEC’s website, provided that such content is used for personal, educational and/or non-commercial purposes only.
2.2. Content from the IEC’s website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IEC’s.
2.3. The caching of the IEC’s website shall only be allowed if:
2.3.1. The purpose of the caching is to make the onward transmission of the content from the IEC’s website more efficient.
2.3.2. The cached content is not modified in any manner whatsoever.
2.3.3. The cached content is updated at least every 12 (twelve) hours.
2.3.4. The cached content is removed or updated when so required by the IEC.
2.4. If any User uses content from the IEC’s website in breach of the provisions detailed herein:
2.4.1. The IEC reserves the right to claim damages from the User.
2.4.2. The IEC reserves the right to institute criminal proceedings against the User.
2.4.3. The IEC shall not be liable, in any manner whatsoever, for and the User indemnifies the IEC against 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.
2.5. Hyperlinks to the IEC’s website from any other source shall be directed at the home page of the IEC’s website. IEC shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the IEC’s website, if such content was accessed through a hyperlink not directed at the home page of the IEC’s website. Persons that wish to link to content beyond the home page of the IEC’s website shall do so at their own risk and indemnify the IEC against any loss, liability or damage that may result from the use of content from the IEC’s website, if such content was accessed through a hyperlink not directed at the home page of the IEC’s website.
2.6. IEC’s 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 IEC’s website only if such quote is placed in inverted commas and acknowledged.
2.8. No person may frame the IEC’s website, in any manner whatsoever, without the prior written consent of IEC. (Definition of frame: A technique used to divide a web page into different parts such as a menu and separate content.)
2.9. Apart from bona-fide search engine operators and use of the search facility provided on the IEC’s website 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 IEC’s website for any purposes, without the prior written consent of IEC.
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 the IEC at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the IEC’s 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 the IEC 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 IEC’s website are expressly reserved.
3.2 Users agree not to use the trade name “IEC” 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 the IEC 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 IEC’s website and/or download content from this website.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the IEC’s 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 IEC has the duty to disclose the following information:
5.1. The full name and legal status of the website owner: The Electoral Commission (IEC)
5.2. Street address is available on the IEC’s website.
5.3. Postal address is available on the IEC’s website.
5.4. Physical address for receipt of legal service: Election House, Riverside Office Park, 1303 Heuwel Avenue, Centurion.
5.5. Main business: Electoral Management Body for South Africa.
5.6. The website address of the IEC’s website is: www.elections.org.za
5.7. The official e-mail addresses of the IEC’s website is: firstname.lastname@example.org Membership of self-regulatory or accreditation bodies: None.
5.8. Codes of conduct to which the IEC’s website subscribes: None.
5.9. The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000.
The costs associated with the access and use of the IEC’s website: Free of charge.
5.11. The costs associated with the access and use of the IEC’s website: Free of charge.
6. CHANGES AND AMENDMENTS
The IEC 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 IEC’s website.
6.3. Discontinue any aspect of the IEC’s website or service(s) available from the IEC’s website.
6.4. Change the software and hardware required to access and use the IEC’s website.
7.1. The IEC 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. IEC 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;
7.2.6. User selected password.
7.3. The IEC’s 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 website.
7.3.3. To compile non-personal statistical information about browsing habits, click-patterns and access to the IEC’s 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. The IEC may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1. IEC shall not disclose personal information from Users unless the User consents thereto.
7.5.2. IEC shall disclose information without the User’s consent only through due legal process.
7.5.3. IEC may compile, use and share any information that does not relate to any specific individual.
7.6. IEC owns and retains all rights to non-personal statistical information collected and compiled by IEC.
8. HYPERLINKS TO THIRD PARTY SITES
8.1. IEC may provide hyperlinks to websites not controlled by the IEC (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites
8.2. IEC 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.
9.1. IEC shall take all reasonable steps to secure the content of the IEC website and the information provided by and collected from Users from unauthorised access and/or disclosure. IEC does, however, not make any warranties or representations that content shall be 100% safe and secure.
9.2. IEC is under no legal duty to encrypt any content or communications from and to the IEC’s website and is also under no legal duty to provide digital authentication of any page on the IEC website
9.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the IEC’s website or the server and computer network that support the IEC’s website
9.4. Notwithstanding criminal prosecution, any person who delivers any damaging code to the IEC website, whether on purpose or negligently, shall, without any limitation, indemnify and hold IEC harmless against any and all liability, damages and losses the IEC 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 IEC website and the IEC 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 the IEC and its partners and affiliates.
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, the IEC (including its 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 IEC’s website;
10.1.2. access to websites linked to the IEC’s website;
10.1.3. inability to access the IEC’s website;
10.1.4. inability to access websites linked to the IEC’s website;
10.1.5. content available on the IEC website;
10.1.6. services available from the IEC’s website;
10.1.7. downloads and use of content from the IEC’s website; and
10.1.8. any other reason not directly related to IEC’s gross negligence.
10.2. The IEC’s 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 the IEC, that the content available from and through the IEC’s 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 IEC website should not be regarded as professional advice or the official opinion of IEC and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the IEC website.
10.4. The IEC does not make any warranties or representation that content and services available from the IEC website will in all cases be true, correct or free from any errors. The IEC shall take all reasonable steps to ensure the quality and accuracy of content available from the IEC website.
10.5. IEC does not make any warranties or representations that the IEC website shall be available at all times. Users acknowledge that the IEC’s website may be unavailable due to updates or other causes beyond the reasonable control of the IEC, 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 IEC website to the IEC and the IEC 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 the IEC’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the IEC’s 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. The terms and conditions constitute the entire agreement between the IEC and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by the IEC from the User
13.2. Any failure by the IEC 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 PART 2 (COMMUNICATION OF DATA MESSAGES) OF THE ECT ACT
The User and the IEC agree that:
14.1. The User shall be bound to these term and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the IEC’s website for the first time and every time after that. Data Messages addressed by the User to the IEC shall only be deemed to have been received if and when responded to and/or receipt is acknowledged.
14.2. Data Messages addressed to the User by the IEC shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act
14.3. Data Messages addressed by the User to the IEC shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa
14.4. All electronic communications between the User and the IEC is valid and legally binding regardless of whether security mechanisms are applied or not (e.g. electronic signatures and encryption)
14.5. The User agrees and warrants that Data Messages that are sent to the IEC 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 IEC’s 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 IEC’s website, its content, services and these terms and conditions.
16. LEGAL COSTS
The IEC 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 Electoral Commission (“IEC”). 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 email 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 the IEC
17.5. Under no circumstances shall the IEC 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 the IEC or the sender of this e-mail have been expressly advised of the possibility of such damages
17.6. Any agreements concluded with the IEC by using electronic correspondence shall only come into effect once the IEC indicated such contract formation in a follow up or return communication as contemplated in section 22(2) of the ECT Act
17.7. Correspondence sent to the IEC shall be regarded as having been received in accordance with section 23 (b) of the ECT Act
17.8. No warranties are made or implied that any employee and/or contractor of the IEC is authorised to create and send this communication
17.9. IEC reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to the e-mail address of the sender.
17.10. IEC 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 the IEC. If this e-mail message is used for purposes unrelated to the official business of the IEC, the IEC 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.