Website Terms and Conditions of Use Agreement

Any person accessing this web site (user) is subject to, and 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 web site.
1.	Usage and Copyright
1.1	Users may view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof for informational or reference purposes only and for non-commercial purposes.

1.2	Users that wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from the Web Administrator at telephone number +27 12 336 1357 or email LiebenbergB@GEHS.gov.za. Any reproduction and/or copy of the content or portion thereof for commercial purposes must include this copyright notice in its entirety: © GEHS 2004: ALL RIGHTS RESERVED

1.3	All moral rights and any other rights of the Department of Public Service and Administration (GEHS) 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 web site may be the subject of other rights, including other intellectual property rights, are the property of or licensed to the GEHS, or a legal entity with links to the GEHS, 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 web site is expressly reserved and access to the any content on the site, the user is not licensed.

3.	Disclaimer

3.1	This information on this web site 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 itself prior to accessing this web site that the web site 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 GEHS or any other legal entity in respect of which information, ideas and opinions are expressed on this web site. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

3.3	The GEHS 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". The GEHS 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 web site and that the web site 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 contact-us link.

3.3	The use of the content of this web site 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 GEHS or any of the legal entities in respect of which information are contained on this site, or employees of the GEHS 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, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. 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 GEHS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.

3.4	Certain links in the web server lead to resources maintained by third parties over whom the GEHS has no control. The GEHS makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources. 
3.5	The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions Act 25 of 2002 is hereby excluded from applying to any electronic communications and data messages that you send to the GEHS via this web site. Any communication or data message that you send to the GEHS will be regarded having been received by the GEHS when receipt is acknowledged in writing. You need to follow up should you not receive a response within a reasonable period of time.  The GEHS shall not be liable for any failure to respond. 
3.6	Should you require any information from the GEHS regarding its services or the content of this web site, please direct them such a request using the contact-us link.

4.	Security

4.1	Protection
The GEHS 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 a user's information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of the GEHS or public bodies that may receive such information from the GEHS. Users undertake not to divulge their user name and passwords to any other person. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that the GEHS or any public body should suffer any damage or loss, civil damages will be claimed.
4.2	Linkage and Framing

Users should, however, be aware that this web site might contain links to other sites that are not governed by this or any other privacy statement. Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of the GEHS.

It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of the GEHS.

4.3	Links to Third Party Web Sites

The GEHS may provide links to the user only as a convenience and the inclusion of any link does not imply the GEHS 's endorsement of such sites. Linked web sites or pages are not subject to the control of the GEHS. The GEHS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site.

4.4	Searching Technology

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site. 

5.	Privacy
5.1	Introduction
The privacy statement is effective with effect from ……………….. 2004 and applies to the GEHS and any other legal entity with links to the GEHS, which control and make use of information that, may be collected via this site.
A user may vist this site without providing any personal information. You, however, agree to the use of such data in accordance with this privacy statement.  Please note that this site contains links to other sites, including sites maintained by other private or public institutions, which may not be governed by this privacy statement.
If you have any questions or concerns regarding this privacy statement or your privacy while using this Web site, please use the contact-us link.
5.2	Cookies 
The GEHS may use cookies (small text files stored in a user’s browser) or web beacons (electronic images that allow the Web site to count users who have accessed a particular page and to access certain cookies) to ensure that the web site is well managed and to facilitate improvement of the user-friendliness of the site. The GEHS or its service provider(s) may use cookies to collect aggregate data. The GEHS 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.
 
Neither cookies nor web beacons collect personal information such as your name or e-mail address. You may reject cookies as most browsers permit individuals to decline cookies.  Under certain circumstances users may be denied access to some parts of this web site if their browsers are set to decline cookies.
5.3	Personal Information Use
Personal information is used only for limited purposes e.g. when you register with the web site to request future communications about the GEHS’s areas of interest, such as specific GEHS publications or events. The GEHS may use the information you submit to create a personal profile to customize our response to further requests or inquiries and to improve the web site.  When you choose to register online for a GEHS-hosted event, the GEHS will use the information you submit to respond to you.  In addition, the web administrator(s) may, where necessary, use your information for various site related tasks. The GEHS will ensure that any marketing activities comply with applicable law and that it is implemented with procedures to obtain the necessary consent before sending you e-mail containing information about the GEHS’s services.  You may at any time request that we discontinue sending you such materials.
5.4	Disclosure to Third Parties
Although the GEHS may provide users’ information to service providers that handle information on our 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.
Personal information may be transmitted internationally through the GEHS 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 your country of residence.  By providing information to the GEHS through this web site, you are consenting to such transfers.
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.
5.5	Access to Personal Information
If personal information has been submitted to this web site, users who wish to review their personal information may do so by requesting such a review through the contact-us 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 contact-us link.  In all cases we will treat requests to access information or change information in accordance with applicable legal requirements.
5.6	Changes to Privacy Policy
The GEHS reserves the right to modify or amend this privacy statement at any time and for any reason.  Nothing contained herein creates or is intended to create a contract or agreement between the GEHS and any user visiting the web site or providing identifying information of any kind.
5.7	Children's Privacy Protection
The GEHS recognises the importance of protecting children's privacy in the interactive online world. 
6.	Severability

These terms and conditions of use constitute the entire professional relationship between the GEHS and you, the user of this web site. Any failure by the GEHS 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. In the event that any term or condition of the use of this web site 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. 


7.	Updating of these Terms and Conditions

The GEHS reserves the right 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 updates.


8.	Information about web site and owner

8.1	The full name and legal status of the web site owner is: 

Department of Public Service and Administration, a National Government Department of the Republic of South Africa, as represented by the Director-General of the Department.

8.2	The web site address of this web site is: http://www.gehs.gov.za/  

8.3	Contact details of web site owner:

		Postal address:
		Department of Public Service and Administration
		Private Bag X X916
		Pretoria
		0001
		South Africa

		Street Address:
 		Batho Pele House
		546 Edmond Street
		Arcadia
		South Africa