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Africa Business Connect








Africa Business Connect Terms and Conditions

1. PRE-AMBLE AND INTERPRETATION

The headings of the clauses in this agreement are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify, nor amplify the terms of this agreement nor any clause of this agreement. In this agreement, unless a contrary intention clearly appears:

1.1 Words importing:

  • Any one gender shall include the other two genders; and
  • The singular shall include the plural and vice versa.
  • The following terms shall have the meanings assigned to them below and cognate expressions shall have corresponding meanings:
  • “ABCONN” shall mean Africa Business Connect a company with Registration Number 2010/024696/07;
  • “Authorised Users” shall mean the Subscriber’s whom have accepted the Terms and Conditions of this Agreement for purposes of the use of the services as provided by the Network;
  • “Electronic Communications” shall mean communications by way of data messages;
  • “Impression Reports” shall mean a report indicating the amount of times a specific advertisement has been clicked on by a user;
  • “Network” shall notwithstanding the general meaning thereof and cyber and legal disciplines for purposes of interpretation of this Agreement include but not be limited to the ABCONN website, related mobile applications, developer platforms, premium services or any content or information that form part of the aforesaid services;
  • “Designated Account Administrator” shall mean the allocated person from the Subscriber who has the exclusive use of the logon identifier and password as received from ABCONN;
  • “Encryption” is used to protect the transmission of personal information when completing online transactions;
  • “Limited Verification” shall mean the scope to which Subscribers are validated in terms of this Agreement;
  • “Leads” shall mean possible contacts that have been generated through access to the website;
  • “Online Chamber of Commerce” shall bear reference to the ABCONN website;
  • “Market Space” shall mean a virtual, electronic marketplace. Although electronic goods including but not limited to videos, music, software and information as well as physical goods are ultimately exchanged, the transaction and procurement of such goods are initiated online;
  • “Paid Services” shall mean the services specified by the different options available to authorised users which have been paid for;
  • “Public Profile” shall mean the public image of the Subscriber, and the attention that the Subscriber receives from the public;
  • “Services” shall mean the exclusive use of the network as provided by ABCONN;
  • “Social Network” shall mean an online community of people with a common interest who use a website or other technologies to communicate with each other and share information and resources;
  • “Subscribers” shall mean the users, whom will benefit from the services as rendered by ABCONN;
  • “Subscriber Only Deals” shall mean those deals that are only available to valid Subscriber’s in terms of this agreement;
  • “Term” shall mean a fixed period of time as specified herein under;
  • “the Agreement” shall mean all the terms and conditions that Subscriber’s should adhere to and take cognisance of when using the website and Network, as provided by ABCONN;
  • “the Business” shall mean the business of the Subscriber’s as defined from time to time according to the Subscriber’s own needs and developments;
  • “Tier 1 Authorised Users” shall mean authorised users with access to the Network as set out in terms of clause 6.2. herein under;
  • “Tier 2 Authorised Users” shall mean authorised users with access to the Network as set out in terms of clause 6.3 herein under;
  • “Visitor” shall mean any other person than an Authorised User accessing the Network, but will not include third party applications that may access the website from time to time.
  • ABCONN is a Business and Social Network as well as an Online Chamber of Commerce for businesses whose objectives are to form a network between businesses both locally and abroad, which will empower the businesses to be more productive and consequentially more successful.
  • The Services offered on ABCONN’S Network are owned and operated by ABCONN’S subscribers.
  • ABCONN only acts as a platform where their Subscribers can explore and engage the services of other Subscribers.
  • This agreement sets out the terms and conditions on which ABCONN is prepared to facilitate the service. Subscribers should however, notwithstanding the acceptance of this agreement, familiarise themselves with any and all information placed on ABCONN’s website from time to time. The website details are as follows:

  • www.abconn.biz

2. ACCEPTING THE TERMS AND CONDITIONS

2.1 By completing this registration process, the Subscriber agrees that he/she or it will be bound by all the terms and conditions contained herein.

2.2 No Advanced Electronic Signature is required for purposes of acceptance of the Terms and Conditions as contained herein, as set out and required in the Electronic Communications and Transactions, Act 25 of 2005. Therefore by accepting these terms and conditions, a legally enforceable contract comes into existence.

2.3 If you are given a free trial of the services by ABCONN, the Terms and Conditions contained herein shall also govern such a free trial.


3. SUBSCRIPTION REQUIREMENTS
3.1 The Subscriber shall be 18 years or older, or in the event of the Subscriber representing a legal entity such as a Company, Trust or other body with limited liability, the Subscriber hereby guarantees that the Subscriber has the necessary and relevant authority to act on behalf of such a legal entity.

3.2 The Subscriber hereby guarantees that he/she or it is of full legal capacity and may not be prohibited or restricted by any Law of the Republic of South Africa or any other applicable country to enter into this agreement.

3.3 When subscribing to this network, the Subscriber agrees that he/she or it will supply any and all requested information and that such information will be both true and correct.

3.4 The Subscriber hereby also agrees and acknowledges that the terms and conditions of this Agreement shall have full effect on all services rendered on the Network.

4. TERMS AND CONDITIONS
4.1 During the Term, the Subscribers shall have unlimited, revocable, non-transferable and exclusive use of the services as provided by the Network.

4.2 Authorised users shall have the sole use of the Network for their internal operations purposes only.

4.3 An individual logon identifier and password shall be issued to each Authorised User. Only one person may be allocated, at the discretion of the Authorised User, to act as the designated Account Administrator.

4.4 The Subscriber acknowledges and agrees that only its appointed Account Administrator shall be authorised to bind a subscriber in connection with any service provided for on this website and Network.

4.5 Only Authorised Users may access or use the services provided on the website and Network.

4.6 It is the sole responsibility of the Subscriber to ensure that the integrity of the logon identifier and password are intact and only in the possession of the Account Administrator.

4.7 By subscribing the Subscriber agrees and acknowledges that ABCONN is obligated to publish the Subscribers’ information on the website and Network.

4.8 The Subscriber agrees that ABCONN can, without any prior notice, remove all of the Subscribers’ information from the Network, should the Subscriber be in any breach of the Terms and Conditions of this Agreement in any way whatsoever.

4.9 The Subscriber acknowledges by joining this Network that ABCONN does not guarantee that the Subscriber will benefit either directly or indirectly from the use of the Network. The Subscriber confirms that the use of the Network is merely a platform, in terms of which the Subscriber is afforded the opportunity to obtain possible business opportunities’.

4.10 Although ABCONN does not accept responsibility of any legal dispute that may arise between Subscribers, ABCONN shall on a continuous basis monitor that Subscriber’s act in accordance with the terms and conditions of this agreement.

4.11 Should the Subscriber instruct ABCONN, in writing, of certain information that must be withheld from the Network, ABCONN will honour the instruction of its Subscriber.

4.12 ABCONN has the right, but not the obligation, to monitor any activity and content associated with the Network. ABCONN may investigate any reported violation of these conditions or complaints and take any action that ABCONN may deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to the Subscriber’s access and/or removing any materials from the Network.).

4.13 Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.

4.14 Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Virtual Card Services Internet server’s are protected by firewalls and intrusion detection systems.

4.15 ABCONN will not at any stage have access the Subscriber’s credit card details.

4.16 Virtual Card Services continually reviews and enhances its security in line with technological changes.

4.17 The Terms and Conditions will be exclusively governed by an construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

4.18 ABCONN reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Network. It is the Subscriber’s obligation to periodically check these Terms and Conditions at the Network for changes or updates. The Subscriber’s continued use of this Network following the posting of changes or updates will be considered notice of the Subscriber’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

5. RESPONSIBILITIES OF AUTHORISED USER

5.1 Each Authorised User shall be responsible for the security and/or use of his/ her or its logon identifier by its Account Administrator.

5.2 Each Authorised User shall not disclose such logon identifier to any other person.

5.3 The Authorised User shall not permit any other person or entity to use his/her or its logon identifier.

5.4 The Authorised User shall use the Network and services provided on same consistent with this agreement.

5.5 The Authorised User shall make sure that the contact details provided on the Network is current and up to date, with specific reference to the relevant e-mail addresses and/or cell phone numbers, as most or all of ABCONN’S communications will be in electronic format.
5.6 Should the details as specified in clause 5.5 be incorrect, ABCONN hereby does not accept any responsibility for the lack of communication with its’ Authorised Users.

5.7 The Authorised User is solely responsible for registration on the Network and acceptance of all terms and conditions and shall be responsible for all electronic communications, including account registration and other account holders’ information, e-mail and business and other data, including subscribers’ data.

5.8 ABCONN will act as though any electronic communications it receives through or under logons or passwords issued to the subscriber’s Authorised Users has been sent by the Subscriber.

5.9 Authorised Users shall notify ABCONN immediately if he/she or it becomes aware of any loss or theft or unauthorised use of any of the logons or passwords.

5.10 The Authorised User specifically agrees that ABCONN shall not be responsible in any way and for any reason whatsoever, for any unauthorised access to or alteration of any transmissions or data, any material or data not received, or any transactions entered into through the Network.

5.11 Authorised users shall not upload, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy), without first obtaining the permission of the ABCONN.

5.12 Authorised Users shall not provide, disclose, divulge or make available to, or permit the use of the Network, ABCONN reserves the right to deny, suspend and revoke access to the services on the Network, in whole or in part, if ABCONN believes that the Authorised Users are in breach of, or are using this service in a manner inconsistent with this agreement.

5.13 Authorised Users shall familiarise themselves with the limits of liabilities of this Agreement and shall indicate what content they want to receive and what they do not want to receive and what they do not understand under the Terms and Conditions.

6. RATES AND MEMBERSHIP OPTIONS


6.1 PUBLIC ACCESS

Any Visitor will be able to view and shall have the usage of the following services on the Network, free of charge:
6.1.1 Business Directory;

6.1.2 Business Opportunities;

6.1.3 Events;

6.1.4 Job Offers;

6.1.5 Promotional Material and Advertisements;

6.1.6 Public News;

6.1.7 Submitting of leads.

6.2 Tier 1 Authorised Users are referred to ABCONN’s website for the exact rates applicable and shall have access to the above-mentioned including the following:

6.2.1 Basic business listing;

6.2.2 Access to the blog;

6.2.3 Access to possible mentorship;

6.2.4 Receipt of selected newsletters;

6.2.5 Access to limited verification;

6.2.6 Access to limited leads;

6.2.7 Access to paid services:

6.2.7.1 Upload a paid event;

6.2.7.2 Upload paid News Releases;

6.2.7.3 Upload paid advertisements in Market Space;

6.2.7.4 Upload paid advertisements in Subscriber Only Deals (available for Authorised Users only);

6.2.7.5 Upload paid Job Listings; and

6.2.7.6 Upload paid Business Opportunities.

6.3 Tier 2 Authorised Users are referred to ABCONN’s website for the exact rates applicable and shall have access to the following additional services:

6.3.1 Enhanced business listings;

6.3.2 Receipt of unlimited leads;

6.3.3 Access to full verification;

6.3.4 Viewing of list report;

6.3.5 Access to free market space;

6.3.6 Access to free events;

6.3.7 Access to free news listing for specified period;

6.3.8 Access to public profile (Google listing);

6.3.9 Access to Impression Reports;

6.3.10 Payable services at discount prices.


7. PAYMENTS

7.1 All transactions, being payment of membership fees and advertisements, will be processed and be subject to the applicable exchange rate in South African Rands (ZAR).

7.2 Payments will only be accepted by way of a valid VISA or MASTER debit or credit card payment or by means of a debit order.
7.2.1 ABCONN will accept MasterCard and Visa credit cards.
7.2.2 In the event that a subscriber is not in possession of a credit card the subscriber must utilise one of the other payment options.
7.2.3 For purposes of a Debit Order or an Electronic Funds Transfer, the Banking details of ABCONN are as follows:

ABSA – CHECQUE ACCOUNT

HILLCREST

AHI ECONOMIC DEVELOPMENT PTY LTD T/A ABCONN

Account Number: 4086733443

Branch Code: 632005



7.3 International payments shall only be done by way of Paypal. The standard terms and conditions applicable to Paypal, shall apply, which can be accessed at www.paypal.com/za/webapps/mpp/ua/legalhub-full.
7.4 Payments, depending on the Subscribers’ country of origin, may be subject to extra charges depending on exchange rates.
7.4 ABCONN shall, in addition to the above, charge any applicable taxes, which will be charged to your account over and above the membership fee.
7.5 ABCONN shall be entitled to charge administration fees, over and above the membership fee.
7.6 All fees taxes and extra charges that are applicable on the Subscriber’s account, shall be disclosed to the Subscriber beforehand.
7.7 Membership Fees will be valid for as long as a subscriber does not:
7.7.1. De-register the terms of renewal and duration of the Agreement on the Portal;
7.7.2. Cancel his/her or its monthly or annual debit/credit card payment;
  • ABCONN shall be entitled to terminate or suspend a Subscriber’s license in terms of this agreement, should a Subscriber breach any of his/her or its obligations in terms of the agreement for a period of 1 (ONE) year from the date of subscription or terminate the Subscriber’s licence permanently.
  • After a period of 1 (ONE) year the Subscriber shall be prompted to activate his/her or its license again as the license will only be valid for a period of one year and must be renewed annually.



8. ELECTRONIC COMMUNICATIONS BETWEEN SUBSCRIBERS AND ABCONN



8.1 The Subscriber hereby agrees that ABCONN may disclose any electronic communications, if required to by law or, in the event that ABCONN beliefs in good faith, that such disclosure is reasonably necessary to:
8.1.1. Comply with legal, judicial or other governmental processes;
8.1.2 Enforce the terms and conditions of this Agreement;
8.1.3 Respond to claims that any electronic communications violate the rights of any third parties; and;
8.1.4 Protect the rights, property or safety of ABCONN, its users or others.



9. NOTICE OF DISCLAIMERS

9.1. The services of this Network is provided on an “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
9.2 The use of and the reliance of the services of the Network are at the Subscribers own risk.
9.3 ABCONN does not make, and hereby expressly disclaims, any and all express and/or implied warranties or conditions, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice.
9.4 ABCONN does not warrant that the service will meet the Subscribers’ requirements, or furthermore be uninterrupted, timely, secure or free of defects.
9.5 No advice or information, whether oral or written, obtained by the subscriber from ABCONN through the use of the service of the Network, will create any warranty not expressly stated in this agreement.
9.6 ABCONN will in no way whatsoever be responsible to the Subscriber or any other person or entity for any type of direct, indirect, incidental, special, or consequential damages (including but not limited to, loss of revenue, loss of profit, replacement of goods, loss of proprietary material, rights or services, loss or corruption of data arising out of the use of the Network).
9.7 ABCONN will not be liable for any loss resulting from any cause whatsoever, over which ABCONN does not have direct control over, including but not limited thereto, failure of electronic equipment, unavailability of internet access, problems relating to data and vis major.



10. RESTRICTION OF USE

10.1. Unless otherwise indicated, all contents on the Network, including but not limited to text, data, images, designs, illustrations, articles, documents, reports and other materials (collectively hereinafter referred to as “Content”) is protected by copyright, and owned and controlled by ABCONN or a third party provider.
10.2. The Subscriber must access the content of the Network manually by request as it is not programmable by machine automated means.
10.3. The Subscriber may not use the content of the Network for any unlawful purpose.
10.4. Contact information may be recorded.
10.5. Content may be downloaded for personal and business use, subject to any copyright that may be applicable. ABCONN will not accept responsibility should there be an infringement of copyright as a result of a download, in any way whatsoever.
10.6 The Subscriber may not copy or adapt the HTML that ABCONN creates to generate its pages.



11. PROHIBITED ACTIVITIES

11.1. The Subscriber agrees not to disturb the normal operation of the Network and not to infringe the integrity thereof by hacking or by altering the information contained on the website.
11.2. The Subscriber agrees not to limit access to the Network by any other users.
11.3 A non-exhaustive list of prohibited activities for the website includes, but is not limited to:
11.3.1 Transmitting any content that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive or hateful;
11.3.2 Transmitting material containing a virus or any computer code that may interrupt the functioning of any computer software, hardware or telecommunications equipment, and
11.3.3 Using the site to violate municipal, provincial or national laws in ABCONN’S or the Subscribers’ jurisdiction, or any relevant or applicable jurisdiction.



12. LINKS TO OTHER NETWORKS AND/OR WEBSITES

12.1. ABCONN is not responsible for the content of any third-party websites or Networks.
12.2 Any link provided on ABCONN’S website or Network is for the Subscribers own convenience and is being accessed on his/her its own risk.
12.3 ABCONN is not responsible for the privacy policies of any linked website.



13. LINKS FROM OTHER WEBSITES AND/OR NETWORKS

13.1. There may be instances where access to the website or Network is provided by a hypertext link, located on another website or Network.
13.2 Although ABCONN encourages and appreciates links from third-party website pages, ABCONN has no responsibility for the content of such website and cannot endorse, authorise, approve, certify or exercise control over these websites or Networks.
13.3 Although ABCONN permits links from third-party websites the following, are not permitted in any way whatsoever: filtering of the content of the website, embedding web pages from the website in HTML frames running from other sites, using any graphics appearing on the website on any third-party site.
13.4 The Subscriber acknowledges and agrees that ABCONN is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.



14. INTELLECTUAL PROPERTY

14.1. The content on the website or Network is protected by copyright and other applicable laws.
14.2. The copyright of the Website belongs to ABCONN as well as any agreement related to the website.
14.3. ABCONN reserves the right to register ABCONN as a trademark.
14.4. The Subscriber acknowledges the ownership of ABCONN of the intellectual property, to the services and website and will not reproduce, decompile, disassemble or reverse engineer any part of the software used to provide the services.
14.5. The Subscriber confirms that he/she or it will not reproduce any part of the services, website or their contents except as expressly authorised by instructions on the website.



15. INDEMNIFICATION

The Subscriber agrees to indemnify and hold ABCONN harmless from and against all claims, losses, liabilities, damages, costs and expenses (including but not limited to legal fees) arising from or in connection with the Subscribers’ violation of:
15.1 The Terms and Conditions of the Agreement;
15.2 Applicable Laws, including, but not limited to, laws relating to protection of personal information; and
15.3 Any third party’s right and invasion of any privacy rights or otherwise arising from any third party claims related to your use of the services.



16. TERMINATION OF SERVICES

16.1. ABCONN reserves the following rights in terms of this agreement:
16.1.1 To terminate the Subscribers subscription at its absolute own discretion;
16.1.2 To restrict or limit the Subscribers access to the services;
16.1.3 To change the Subscribers access to the services;
16.2 Should ABCONN exercise its rights in terms of Clause 16.1.1, ABCONN does not need to furnish the Subscriber any prior notification.
16.3 ABCONN reserves the right to change the terms and conditions of this agreement at any time;
16.4 It is the responsibility of the subscriber to familiarise himself/herself or itself from time to time to changes in the terms and conditions.



17. PERSONAL INFORMATION

ABCONN collects, uses and discloses the Subscribers’ personal information in accordance with its website privacy statement.
17.1 By the use of the website and the Subscribers’ acceptance of these terms and conditions, the Subscriber consents to ABCONN’s collection, use and disclosure of the Subscribers’ personal information.
17.2 The Subscriber agrees to comply with all applicable laws governing the protection of personal information and protection of privacy.



18. ONLINE ADVERTISING AGREEMENT

18.1 The Subscriber hereby agrees to publish the Advertisement on the Website for the selected period of time starting from the selected commencement date.
18.2 If the Subscriber desires to remove the Advertisement from the Website prior to the end of the period as stipulated in clause 18.1, the Subscriber must request ABCONN thereof in writing.
18.3 No refund will be made for an early withdrawal of any Advertisement. The subscriber shall pay ABCONN for publication of the Advertisement on the Website notwithstanding any prior termination.
18.4 In the event that the Subscriber defaults in making the full payment, the Website ABCONN reserves the right to suspend the Advertisement posted on the website until the Subscriber has paid up his/her or its subscription fees due.
18.5 The Subscriber shall deliver the Advertisements to ABCONN digitally via the website at least five (5) business days before the scheduled start date.
18.6 The Subscriber shall be solely responsible for providing the Advertisement in the format, required for display. The Subscriber acknowledges that ABCONN will not be responsible or liable for the quality of any portion of the Advertisement that does not meet the established mechanical criteria.
18.7 If at any time the Subscriber desires to modify its contents of its Advertisement, the Subscriber shall provide a written request to ABCONN specifying in detail the modification desired. ABCONN shall, within a reasonable time, effectuate the applicable modifications to the content.
18.8 The Subscriber shall be fully directly and indirectly responsible and liable for the content contained in the Advertisement. ABCONN is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents of the Advertisements.
18.9 The Subscriber shall be fully directly and indirectly responsible and liable for the content contained in the Advertisement. ABCONN is not responsible for, and in no way warrants, guarantees, or ratifies, the representations made or implied in the contents of the Advertisements.
18.9.1 Any content promoting the use of alcohol, tobacco or illegal substances;
18.9.2 Nudity, sex, pornography, or adult-oriented content;
18.9.3 Any content which is explicit or inappropriate language;
18.9.4 Content promoting illegal activity, racism, hate, "spam", mail fraud, pyramid schemes, or investment opportunities or advice which is not permitted under law;
18.9.5 Content that is libellous, defamatory, contrary to public policy or otherwise unlawful or any other content deemed inappropriate by the ABCONN in its sole discretion. Use of any such inappropriate content by the Subscriber will result in the suspension, termination and removal of the Advertisement or any other action deemed necessary by the ABCONN in its sole discretion.
18.10 ABCONN reserves the right to review and approve the suitability of the Advertisement submitted ABCONN may reject or cancel any Advertisement for any reason which it believes in good-faith to be detrimental. If ABCONN so rejects the Subscriber's Advertisement or terminates its display, this Agreement shall be terminated.
18.11 Subscriber acknowledges that the contents of the ABCONN Website and Network, including, without limitation, all trade names, trademarks, service marks, content, text, images, software, functionality, page and other design and layout, media and other materials therein, is proprietary to or licensed by ABCONN, protected under copyright, trademark and other intellectual property laws and such contents may not be reproduced without the consent of ABCONN. The Subscriber retains all right, title and interest including copyright and other proprietary or intellectual property rights in the content of the Advertisement, Subscriber’s trade names, trademarks and service marks therein.
18.12 The Subscriber warrants to ABCONN that:
18.12.1 He/she or it has the right and authority to enter into and perform he/she or its obligations under this Agreement;
18.12.2 The Advertisement shall conform to the description and specifications set forth by ABCONN;
18.12.3 The Advertisement shall not constitute or be the subject of a notice or claim of any false designation of origin, false advertising or unfair competition under the law of any country;
18.12.4 The Advertisement does not and shall not contain or be alleged to contain any content, work, name, mark, designation, materials or link that actually or potentially violates any applicable law or regulation, or infringes any proprietary, intellectual property, contract or tort right of any person or misappropriates a person's trade secret, name, likeness or identity;
18.12.5 The Advertisement contains no viruses, worms, malicious code, trap doors, back doors, timers, clocks, counters, FTP servers, or other limiting routines, instructions or designs, and no web beacons, web bugs, spy ware or other similar hidden or transparent code, script, or routine designed to gather, track or transmit information about ABCONN or the users of the Website; and
18.13 The services, website and Network are provided “as is” without warranty of any kind, express or implied and any use of the services or Website are at Subscriber’s sole risk. ABCONN does not warrant that the services or Website will be uninterrupted or error free, nor does ABCONN make any warranty as to the performance or any results that may be obtained by use of the services or Website. ABCONN makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose, concerning the subject matter of this agreement.

19. JURISDICTION

This agreement is governed by the Laws of The Republic of South Africa.



20. SEVERABILITY

In the event of any of these terms and conditions are determined invalid or unenforceable, then the invalid/unenforceable provisions will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision or term. In such an event the remaining terms and conditions will continue to stay in force and effect.



21.ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between the Subscriber and ABCONN.

22. PRIVACY POLICY

22.1 ABCONN is committed to protecting the Subscriber’s privacy. This privacy policy applies to all the web pages related to this Network.
22.2 All the information gathered in the online forms on the Network is used to personally identify Subscriber’s that subscribe to this service. The information will not be used for anything other than that which is stated in the terms and Conditions of use for this service. None of the information will be sold or made available to anyone.
22.3 ABCONN may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the internet,, the date and time you access the Network, the pages that you access while on the Network and the Internet address of the Website from which you linked directly to ABCONN’s network. This information is used to help improve the Site, analyse trends and administer the Network.
22.4 ABCONN may need to change this policy form time to time in order to address new issues and reflect changes on the Network. ABCONN will post those changes on the Website so that the Subscriber will always know what information ABCONN gathers, how ABCONN might use that information, and whether ABCONN will disclose the information to anyone.
22.5 If the Subscriber has any question or concerns about ABCONN’s privacy policy, the Subscriber should address such questions or concerns by way of an e-mail.
22.6 By using the Network, the Subscriber signifies its’ acceptance of this Privacy Policy. If the Subscriber does not agree with the Privacy Policy, the Subscriber should refrain from using the Network.
22.7 The Subscriber’s continued use of the Network, following the posting of changes to these terms shall mean that the Subscriber accepts those changes.



23. AMENDMENTS

No amendment or variation of the contents of this Agreement and the Annexures hereto shall be valid or binding, unless such amendments and variation have been reduced to writing and signed by both parties.


24. REFUNDS

No refunds in respect of any membership and advertisement fees are applicable in terms of this Agreement, including but not limited to early termination for any reason whatsoever by any party relevant to this Agreement.

25. COOKIE / TRACKING TECHNOLOGY

25.1 ABCONN reserves the right to use cookie and tracking technology, depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating systems, tracking the number of visitors to the Network and understanding how visitors use the Network.
25.2 Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology, however if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
25.3 Although ABCONN has taken all reasonable precautionary steps to ensure that personal information of Subscribers are protected against publication to third parties, ABCONN can in no way whatsoever guarantee that a third party will not be able to access personal information and therefore by accepting this Agreement, the Subscriber also accepts the risk that may be applicable in this regard.

26. CONSENT

I, as the Subscriber, understand that all the designs and trademarks are registered to ABCONN and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this Agreement, I understand that I will be held liable for all legal costs incurred by ABCONN for any civil action or any legal action deemed necessary against me.