Bergstan South Africa: Communications Disclaimer and Privacy Policy
Introduction
Please read this document carefully as it contains pertinent information applicable to the use and access of the Bergstan South Africa website and email system. The primary purpose is to set out the limits that Bergstan South Africa is imposing on the usage, value or conclusions that any member of the general public may deduce, infer or assume through the interaction with the Bergstan South Africa email facilities (currently user@bergstan.co.za) and the Bergstan website (currently www.engineer.co.za).
Such disclaimer, denial of responsibility and limitations are intended to protect Bergstan South Africa from unfair and unreasonable liabilities but is not intended to circumvent any of the provisions of South African legislation that may be applicable to the company from time to time.
1. Website communication
1.1. Acceptance of our Terms
By visiting, viewing, accessing or otherwise using the website of Bergstan South Africa or any of the services or information created, collected, compiled or submitted to Bergstan South Africa, you agree to be bound by the following Terms and Conditions of Service.
If you do not wish to be bound by our Terms your only option is not to visit, view or otherwise use the website services of Bergstan South Africa. You understand, agree and acknowledge that these Terms constitute a binding agreement between you and Bergstan South Africa and that your use of the website shall indicate your conclusive acceptance of this agreement.
1.2. Provision of Services
You agree and acknowledge that Bergstan South Africa is entitled to modify, improve or discontinue any of its services on the website at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Bergstan South Africa is under no obligation whatsoever to justify or explain any modifications that may be made to the website.
1.3. Proprietary Rights
You acknowledge and agree that the website of Bergstan South Africa may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Bergstan South Africa authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
1.4. Submitted Content
When you submit content to Bergstan South Africa you simultaneously grant Bergstan South Africa an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Bergstan South Africa.
1.5. Disclaimer of Warranties
You understand and agree that your use of the website and content of Bergstan South Africa is entirely at your own risk and that our services are provided "As Is" and "As Available". Bergstan South Africa does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Bergstan South Africa website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for any particular purpose. No guarantee is offered or implied that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
1.6. Limitation of Liability
You understand and agree that Bergstan South Africa and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the website service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Bergstan South Africa has been advised of or should have been aware of the possibility of such damages.
1.7. External Content
Bergstan South Africa may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Bergstan South Africa is not responsible for and does not endorse any advertising, products or resources available from such resources or websites.
1.8. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Bergstan South Africa to resolve any legal matter arising from this agreement or related to your use of the website of Bergstan South Africa. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
1.9. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Bergstan South Africa. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
1.10. Changes to the Terms
Bergstan South Africa reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of the website of Bergstan South Africa after any changes to Terms will signify your agreement to be bound by them.
2. Email communication
2.1. Privacy and confidentiality
Any email communication that emanates from Bergstan South Africa (generally from the domain bergstan.co.za) should only be accessed by the recipients for which it is intended. If any message emanating from Bergstan South Africa is received by a recipient for which the message was not intended, then an earnest appeal is made to the recipient to refrain from distributing or disclosing the email message or its contents to any other person or mailbox. Bergstan South Africa will gratefully receive notification of such an error via the email address This email address is being protected from spambots. You need JavaScript enabled to view it..
2.2. Transmission of computer-based Viruses
Computer viruses and harmful electronic coding can be transmitted via email. The recipient should check all emails and any attachments for the presence of viruses using accepted protection software. Bergstan South Africa accepts no liability for any damage caused by any virus transmitted by any email communication. Email transmission cannot be guaranteed to be secure or error-free, due to the proliferation of malicious software that allow information to be intercepted, corrupted, lost, destroyed or delayed. Bergstan South Africa, therefore, does not accept liability for any errors or omissions in the contents of any message which arise as a result of email transmission.
2.3. Entering into Contracts
No employee, agent or associate of Bergstan South Africa is authorised to conclude any binding agreement on behalf of Bergstan South Africa with another party by email without the express written confirmation of a Bergstan Director who has been duly authorized to offer such confirmation. Bergstan South Africa also accepts no liability for the content of any email, or for the consequences of any actions taken on the basis of the information provided by email, unless that information is subsequently confirmed in writing.
It is noted that Bergstan South Africa will periodically relax these prescripts to expedite contractual arrangements with clients, contractors and trusted service providers. Such relaxation should not be viewed as precedents or as a general departure from the conditions within this Disclaimer. Clarification of any uncertainty may be obtained from any of the Directors of Bergstan South Africa or an enquiry may be made via This email address is being protected from spambots. You need JavaScript enabled to view it..
2.4. Liability as an Employer
Any views or opinions presented in an email are solely those of the author and do not necessarily represent the views and opinions of Bergstan South Africa. Employees of Bergstan South Africa are required not to make defamatory statements, derogatory comments and indecent remarks. Hate speech, racist material and obscene transmissions are expressly forbidden. Bergstan employees are also required not to infringe or authorise any infringement of copyright or any other legal right by email communications. Any such communication is contrary to the organizational policy and culture and falls outside of the scope of the employment of the individual concerned. The organization will not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability that may arise.
3. POPI and PAIA
Bergstan has developed a simplified policy to guide its compliance with the:
- Promotion of Access to Information ACT (no. 2 of 2000) - commonly known as PAIA
- Protection of Personal Information ACT (no. 4 of 2013) - commonly known as POPIA
This is known as the Bergstan Privacy Policy (available on request from the Bergstan Information Officer).