MSW WEBSITE TERMS AND CONDITIONS
THE USE OF THE MSW WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS.
Accessing AND USING thE MSW Website or any part thereof implies that you agree to the terms and conditions below.
For ease of reference, the breakdown of the applicable Terms and Conditions (click on any of the following headings to be transferred to the specific clause):
1. Definition
2. About us
3. Allowed Use
7. Security
9. Agreement and eCommunications
10. Termination
11. Breach
12. General
1.1 “the MSW website” means this website and all its pages and content, owned and operated by MSW and located at http://www.msw.za.com ;
1.2 “MSW” means Masetlaoka Scott Wilson (Pty) Ltd is a company, registration number 2005/016465/07, a Engineering and project Management company;
1.3 “Content” means, but not limited to text, graphics, icons, links and other similar material on the website;
1.4 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
1.5 “Intellectual Property” means copyright (including but not limited to literary-, artistic-, musical- work, photograph, sound recording, computer programs, artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets;
1.6 “MSW Software” means the software available from the MSW website.
1.7 “SMS” means Short Message Service, the common text messaging service available on cell phones and other handheld devices.
2.1 Company name: Masetlaoka Scott Wilson(Pty) Ltd;
2.2 VAT number: 4340224155
2.3 Directors : Tebogo Makamela, Vyande Chisiza (Malawian), Ian Hargreaves (British), Raymond Madi, ;
2.4 Physical & Postal Addresses : See Find Us;
2.5 Tel. & Fax : See Find US;
2.6 Email :admin@msw.za.com (email address you can use for questions or information on MSW)
2.7 Email: admin@msw.za.com (email address you can use if you have questions or problems with regard to the MSW web site)
2.8 Type of Business : Consulting Engineering company.
For more information about us – click here
3.1 MSW license to you, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to use the MSW website to browse, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only; and
3.2 License conditions:
3.2.1 Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the Content or any part thereof or frame, "mirror", data-mine or cache the MSW website or reverse engineer, copy, modify, re-distribute, decompile or create a derivative work of the MSW website or software, or any part thereof without prior written authorisation from MSW;
3.2.2 MSW does not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any invitations to do business in the MSW website.
3.2.3 You may not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;
3.2.4 You may not assign, transfer or sublicense the rights pursuant to this Agreement;
3.2.5 You agree to supervise all usage by minors (younger than 18 years of age) of this website under your name or account; (i.e. suppliers)
3.2.6 In all of the aforesaid licensed rights, MSW must be acknowledged as the source of the material and the MSW contact details must be reflected accordingly;
3.2.7 You may not use the MSW website’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that are obscene, defamation, racist or offensive of nature or may result in the infringement of intellectual property;
3.2.8 You may not make any speculative, false or fraudulent purchase from the MSW website
3.2.9 Your fair use and other rights are in no way affected by the above;
3.3 Hyperlinks to and from MSW website
3.3.1 This MSW website may contain links to other websites operated by third parties. MSW does not endorse the operators and / or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party websites or guarantee that the website will be operation at all times;
3.3.2 Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party website;
3.3.3 MSW makes no warranties or representations:
3.3.3.1 regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites; or
3.3.3.2 that third party website content does not infringe the intellectual property rights of any person.
3.3.4 MSW expressly disclaims acting in any respect on behalf of third party website operators and / or owners. Please note that third party websites may be subject to their own terms of use and privacy policies different from those of this site;
3.3.5 Hyperlinks to the MSW website will be allowed, subject to the following conditions:
3.3.5.1 Submit request to hyperlink to MSW, reflecting the details of your organisation and particular web site that will host the hyperlink to MSW web site;
3.3.5.2 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to MSW. On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;
3.3.5.3 Authorisation to link to the MSW Web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form whatsoever between the User and MSW nor authorise the User to incur any liability on behalf of MSW;
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The Intellectual Property available on the MSW website is the property of - or license to MSW and may not be utilized outside the licensed terms as set out under these terms and conditions;
4.2 E-mail addresses, names, telephone numbers and fax numbers published on the MSW website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from MSW to utilise same.
4.3 MSW would be pleased to consider requests for permission to disseminate or use MSW content outside the scope of the license terms set out under above, provided that our written approva1 is obtained in advance. To obtain approval please contact us at: info@msw.za.com.
Further disclosure requirements to you as consumer:
5.1 Full price of goods or services available from MSW:
5.1.1 General Access - free;
5.2 Services
5.2.1 The main service under the MSW website is to introduce you to various serices available from MSW.
5.2.2 The charges associated with the services as presented on the website are available on request of a quotation. Such request to be submitted to MSW as per the contact details under - Find Us .
5.2.3 The terms and conditions applicable to each service available from MSW will be made available during the appropriate consultations with MSW.
5.3 To view the services available from MSW click on the ‘Service’ tab.
5.4 Users may lodge complaints with regard the MSW web site with MSW at e-mail: admin@msw.za.com
6.1 You agree that the choice to provide MSW with certain personal information is always yours, however we value your personal information and intend to give you as much control as possible over your personal information;
6.2 The purpose of this statement is to set out how we use personal information that we may obtain about you. By either purchasing any MSW products or by using the MSW website generally you agree to the following use:-
6.3 Justification
6.3.1 You agree that by submitting your personal information you consent to MSW’s processing of same for purposes as set out under this policy;
6.3.2 You agree that personal information that you may submit on behalf of a third party is done subsequent to such third party’s consent;
6.3.3 Processing of your personal information is necessary to carry out actions for the conclusion or performance of the agreement(s) between yourself and MSW or processing of information for purposes of job applications or processing of information for purposes of client services.
6.4 The information we collect
6.4.1 MSW collects the following information (or part thereof) during your access to the MSW website and/or purchase of the MSW products:
6.4.1.1 your name*
6.4.1.2 your email address*
6.4.1.3 your fax number
6.4.1.4 your cell phone number
6.4.1.5 your postal address*
*required
6.5 Use of your personal information / purpose of collection
6.5.1.1 To fulfil MSW’s agreement with you or request received from you;
6.5.1.2 To register you with MSW website and to administer MSW website services;
6.5.1.3 To identify you when accessing and utilising the MSW website;
6.5.1.4 To submit information about MSW services to you;
6.5.2 If the you do not wish to receive information of such other similar services available from MSW, as per clause 6.5.1.5 above, then you can:-
6.5.2.1 click on the ‘unsubscribe’ hyperlink when the you receive a MSW’ email; or
6.5.2.2 Email to unsubscribe@msw.za.com stating the word “Unsubscribe” in the subject line; or
6.5.3 MSW retains all rights to non-personal information collected and compiled by MSW.
6.5.4 Your personal Information will be retained by MSW for a period of 6 months from date of submission to enable MSW to provide agreed / requested services / information.
6.5.5 MSW may retain certain records in access of the aforesaid period for historical, statistical or research purposes only.
6.5.6 Further processing of your personal information will be compatible with the purpose as set out above under clause 6.5.1.
6.6 Disclosure of you information
6.6.1 MSW may give information about you to the following:-:
6.6.1.1 employees and agents of MSW to administer the website and communications to you by MSW;
6.6.1.2 to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
6.6.1.3 parties who may use it for assessment and analysis of non-personal statistical information to enable MSW to review, develop and improve the services / products which MSW offers;
6.6.1.4 if we have a duty to do so or if the law allows us to do so.
6.6.2 No log-in names or passwords will be disclosed to any third party, except those third parties responsible for the execution of the MSW website log-in facility;
6.6.3 Occasionally third parties may provide storage services or process the personal information on behalf of MSW. In those circumstances those third parties shall be required to enter into a Non Disclosure Agreement on no less stringent terms than found in this privacy statement and to process and protect your data solely in accordance with our instructions;
6.6.4 You have a right to see your personal information that we keep about you subsequent to receipt of a written request and payment of a fee (See Promotion of Access to Information Act 2 of 2000) to MSW. If you are concerned that any of the information we hold on you is incorrect please contact MSW immediately.
6.7 Cookies
6.7.1 Cookies may be used by us to understand your use of our website better. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our website. Depending on the type of cookie we use, cookies also allow us to make our website more you friendly;
6.7.2 You can usually adjust your browser so that your computer does not accept cookies. If you do this, you will still be able to browse around the site but the functions that allow you to access an existing account or page that requires a username or password, will not be available;
6.7.3 Alternatively you can adjust your browser to tell you when a website tries to put a cookie on your computer. How you adjust your browser to stop it accepting cookies or to notify you of them, will depend on the type of internet browser programme your computer uses;
6.7.4 Please remember, cookies do not contain personal information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites or external data suppliers;
6.7.5 Your browser also generates other information, including which language the site is displayed in, and your Internet Protocol address ("IP address"). An IP address is a set of numbers which is assigned to your computer during a browsing session whenever you log on to the Internet via your internet service provider or your network (if you access the Internet from, for example, a computer at work). Your IP address is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use the your IP address to identify you personally;
6.7.6 We only keep cookies for the duration of your visit to our website, except where you save your login name as referred to above (if applicable).
6.8 How you can access or correct its information
6.8.1 You may request us to correct factual errors in your personally identifiable information or delete the personal information in MSW’s possession or under our control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully by sending us a request by email, reflecting the aforesaid to admin@msw.za.com;
6.8.2 On receipt of your email we will correct or destroy / delete the information. If the aforesaid results in a change to the information and the changed information has an impact on the agreement between you and MSW, then MSW reserves its rights to terminate the agreement or to proceed accordingly and inform each person or body or responsible party to whom the personal information has been disclosed of those steps;
6.8.3 To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
6.9 General
6.9.1 Please be aware that the MSW website may link to other websites which may be accessed through the MSW website. We are not responsible for the data protection - or privacy policies or procedures or the content of these linked websites (i.e. Virtual Card Services);
6.9.2 Contact Us
If you have any comments or queries in connection with our privacy statement, please us at admin@msw.za.com or write to MSW (see postal address above).
7.1 Although MSW is not obliged to provide security on the MSW website we feel it is important that your information or any communication between yourself and MSW is dealt with in the most secure manner reasonable possible, however because of the nature of the internet MSW cannot warrantee that your communications with MSW via the website is completely secure;
7.2 To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to MSW’s right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other MSW communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
7.3 It is our policy to virus check documents and files before they are posted on this website. However, MSW cannot guarantee that documents or files downloaded from this website will be free from viruses and MSW do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to MSW via this website, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. You hereby indemnify MSW, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the MSW or its service provider’s infrastructure;
7.4 Client login facility: Once registered with MSW the client will receive a password to login to MSW database. The client hereby undertakes to keep the password secure and warrant that no 3rd party shall use the MSW login facility to, utilising the client’s password, and the client further acknowledges that he/she is responsible for ensuring that no unauthorised access to the login facility is obtained using the client’s password. The client shall be liable for all such activities conducted pursuant to such use, whether authorised or not.
8.1 MSW website and all materials found on the website are intended for information purposes and provided "as is" without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services;
8.3 MSW, its directors, employees or its suppliers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the MSW website or performance of the MSW website or non-performance of the MSW website, i.e. MSW website not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of MSW or force majeure events, even if MSW have been advised of the possibility of such damages;
9.1 Formation and validity of this MSW website agreement
The User agrees that:
9.1.1 the User is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein;
9.1.2 these website terms and conditions are valid, binding, enforceable and concluded in Johannesburg, the moment you access / view the MSW website and constitute the entire agreement between MSW and the User in terms of the website usage and shall take precedent over any disclaimers or legal notices attached to any communications or postings received by MSW from the User;
9.1.3 all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act).
9.2 Time and Place of communication, dispatch and receipt
9.2.1 Data Messages sent from MSW to you have been sent from MSW’s place of business;
9.2.2 Data Messages sent from MSW to you is deemed to be received by you when complete message are outside the control of MSW (left the information system of MSW);
9.2.3 Data Messages from you to MSW are deemed to be received by MSW only when MSW responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by MSW that it does give legal effect to the Message;
9.3 Expression of intent
9.3.1 You acknowledge that all agreements, authorization or request under this agreement satisfies the “writing” requirement as per section 12 of the ECT Act;
9.3.2 For purposes of electronic communications (including electronic transactions) between you and MSW no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement and the purchase agreement;
9.4 Attribution of data messages to originator
9.4.1 You agree and warrant that the data message sent, from any computer or device that are owned by you or your employer or programmed by you or on your behalf, to MSW was sent by you or a person that had authority to act on your behalf in respect of the data message.
These Terms and Conditions and your access to the website may be terminated at any time by MSW without notice. All restrictions, disclaimers and limitations of liability by MSW will survive termination, however, you will no longer be authorised to access the website.
11.1 If the User is in breach of the terms and conditions of this website, MSW reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:
11.1.1 order for specific performance and damages;
11.1.2 terminate this Agreement and claim damages;
11.1.3 Institute criminal procedures where applicable and necessary;
11.2 All costs, charges and expenses of whatsoever nature which may be incurred by MSW in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
12. GENERAL AND MISCELLANEOUS
These Terms and Conditions constitutes the sole record of the agreement between the you and MSW with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
12.2 No amendments except in writing
12.2.1 No addition to, variation of, or agreed cancellation of, this Agreement shall be of any force or effect unless in writing and signed by you and MSW; and
12.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by you to MSW shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
12.5 Severability
If any one or more of the clauses of these terms and conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these terms and conditions is to be performed, including this clause :
12.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected;
12.5.2 The terms and conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these terms and conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement and subsequent purchase agreement.
We recommend you print out a copy of these terms and conditions for your future reference.