VERSION: October 2021
These terms and conditions are valid, binding and enforceable against all persons that access the Integrated Black Energy Professionals Association website, or any part thereof. By accessing the website, the user agrees to be bound by these terms and conditions. If the user does not agree to be bound by these terms and conditions the user must leave the website immediately, failing which, these terms and conditions will be applicable and enforceable.
The following definitions are applicable:
1.1 “BEPA” means the Black Energy Professionals Association. Reference to BEPA shall also its officers, members, employees, contractors, subcontractors, agents, advisors or representatives;
1.2 “Mailer” means the correspondence sent to users who have subscribed and agreed to receive such mailer and communication from BEPA;
1.4 “Personal Information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act, 2013 (POPI Act) or any amendments thereto;
1.6 “user” means any person who accesses, enters or uses the website or any part thereof;
1.7 “website” means www.bepa.org.za; or any other website owned and operated by BEPA, including services available on and through the website, source code(s), meta tags, postings and any page, part or element thereof.
2.1 References to the singular include the plural and vice versa;
2.2 References to a person include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, trust, partnership, joint venture, syndicate, or any other association of persons.
3.1 Personal Information
3.1.1 Personal information refers to all information about the user as an identifiable individual, such as (but not limited to) name, identity number, address, contact details, non-personal browsing habits and click patterns, e-mail address; and or IP address.
3.1.2 Any information, which the user provides voluntarily to BEPA, whether on any forms the user completes or through this website, and any information which BEPA has about the user will be regarded by BEPA as Personal Information.
3.2 Personal Information and use thereof
3.2.1 BEPA may collect and analyse the user’s Personal Information.
3.2.2 Personal Information provided by the user:
18.104.22.168 The user does not need to provide BEPA with the user’s Personal Information in order to view this website. However, in order to register for and use certain services offered by BEPA from time to time the user may be required to choose a username and a password and requested to provide BEPA with further relevant Personal Information. BEPA will use such information to provide the services to the user. The type of Personal Information BEPA collects about the user will depend on what services the user uses.
22.214.171.124 BEPA may, itself or through a third party, also use such information for internal purposes including but not limited to:
126.96.36.199.1 maintaining and updating BEPA databases;
188.8.131.52.2 establishing and verifying the user’s identity; and
184.108.40.206.3 research, market research and development purposes.
3.3 Consent, disclosure and use of the user’s Personal Information
3.3.1 By using this website, interacting with BEPA in any manner and submitting the user’s Personal Information the user consents to the following:
220.127.116.11 BEPA may use the user’s information for non-personal statistical purposes;
18.104.22.168 BEPA will also use the user’s Personal Information in the ordinary course of its business;
22.214.171.124 BEPA retains the copyright in databases of Personal Information of users;
126.96.36.199 BEPA may share the user’s information only with third party service providers under strictest confidence;
188.8.131.52 The user’s Personal Information may be retained and held by BEPA or by any third-party company which processes it on BEPA’s behalf;
3.3.2 The user agrees that BEPA may disclose the user’s Personal Information:
184.108.40.206 if it believes that this is necessary to prevent or lessen any unlawful or harmful actions; and/or
220.127.116.11 in good faith to governmental agencies, exchanges and other regulatory or self-regulatory bodies if BEPA is required to do so by law or if BEPA believes that such action is necessary to –
18.104.22.168.1 comply with the law or with any legal process;
22.214.171.124.2 enforce or apply our terms and conditions;
126.96.36.199.3 protect and defend the rights, property or safety of BEPA, its affiliates or our customers;
188.8.131.52.4 assist in any investigation of or to prevent fraud, intellectual property infringements, or other activity that is illegal or may expose BEPA to legal liability;
184.108.40.206.5 prevent or deal with fraud or the abuse, misuse or unauthorised use of our website; and/or
220.127.116.11.6 protect the personal safety or property of our customers or the public (if the user provides false or deceptive information about the user or misrepresents the user as being someone else, BEPA will disclose such information to the appropriate regulatory bodies and commercial entities).
3.3.4 BEPA reserves the right to use the user’s Personal Information to compile profiles for statistical purposes and may share this non-personal, non-individual information in aggregate form with reputable third parties for business purposes, for example with third parties on this website. This does not involve disclosing any Personal Information which can identify the user individually.
3.4 Storage of Personal Information and Security
3.4.1 BEPA takes every reasonable precaution to prevent unauthorised access and to prevent the loss, misuse or alteration of the user’s Personal Information.
3.4.2 Personal information collected by BEPA is stored in a secure database in proprietary data format. This information can only be read using proprietary tools. Any online data that is collected is stored in a Microsoft SQL database. This database is protected and secured and is unreachable by the internet. Only those authorised to perform normal daily tasks such as updating addresses have access to the database.
3.4.3 To register with BEPA the user may be required to choose a username and a password and perhaps the user’s identity/company registration number. The user is responsible for keeping its username and password secret. The user may be required to enter the user’s username and password every time the user wants to use the services on this website. BEPA will not be held liable for any loss or damage suffered or liability incurred arising from the user’s failure to keep the user’s details (such as username or passwords) secure or from the user permitting anyone else to use the user’s account and the user indemnifies BEPA and holds it harmless in this regard. The user accepts that the user will be personally liable for all transactions on the user’s account.
3.4.4 Notwithstanding the aforementioned, the user acknowledges that internet communications and transactions are not 100% secure or error free and information may not be secure in transit from the user to this website, although BEPA will do its best to protect the user’s Personal Information. Any transmission of information is therefore the user’s own risk.
3.5 Access to Personal Information
3.5.1 If Personal Information has been submitted to this website, users who wish to review their Personal Information may do so by requesting such a review through the ‘feedback’ 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 feedback link. In all cases BEPA will treat requests to access information or change information in accordance with applicable legal requirements.
3.6 Accuracy of, updating, verifying and deleting the user’s Personal Information
3.6.1 It is the user’s duty to ensure that the Personal Information held by BEPA and Personal Information the user provides, is accurate and complete.
3.6.2 BEPA will endeavour to correctly capture all Personal Information provided by the user.
3.6.3 If the user has registered with BEPA, the user can amend as well as ensure that the user’s Personal Information is accurate, current and complete as detailed in 3.6.4 below.
3.6.4 Once logged in the user can update their own details under the tab “My Details”. The user can change their password under the tab “Change Password” and can change the user’s company details under the tab “Company Details”.
4. LEGAL AND DISCLAIMERS
4.1 BEPA shall not be liable for any incidental, consequential or punitive damages relating to these terms and conditions.
4.2 BEPA shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.
4.3 The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
4.4 It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website 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 website should not be regarded as professional advice or the official opinion of BEPA or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
4.5 BEPA makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this website are free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any criteria of performance or quality. This site is provided ‘as is’. BEPA expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. It makes no express or implied representations or warranties regarding the content of the website and that the website 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 ‘feedback’ link.
4.6 The use of the content of this website 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. BEPA or any of the legal entities in respect of which information are contained on this site, or employees of BEPA 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, 2002 (Act 25 of 2002), BEPA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
5.1 BEPA reserves the right, in its sole discretion, to amend these terms and conditions from time to time, in which case the amended terms and conditions will supersede and replace any previous terms and conditions with effect from the date on which it is posted on this website.
5.2 BEPA will give the user notice of any changes prior to their implementation wherever possible.
5.5 In addition to these terms and conditions, there may also be specific and additional privacy provisions and or terms and conditions, which apply to BEPA’s collection and use of the user’s Personal Information e.g. information provided when sending an e-mail, subscribing to our mailer, or participating in a survey. If there is any inconsistency between these terms and conditions and those specific and additional provisions, the specific and additional provisions will prevail.
6. LIABILITY AND INDEMNITY
6.1 The user hereby indemnifies BEPA against any loss, claim or damage which may be suffered by the user or any third party arising in any way from the use of this website or the receipt by the user of an electronic mail from BEPA.
6.2 BEPA, its affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any damages (including without limitation direct, indirect, incidental, special or consequential loss or damages) which might arise from the use of, or reliance upon the website, access to the website, inability to access the website, any material or content contained in the website or any linked site, or from the use of the services offered by BEPA in terms of this website, or as a result of any unauthorised use or misuse of logon names and user codes, even if BEPA has been advised of the possibility of such loss, expense, claim or damages.
6.3 The user shall be responsible for the use and protection of the username and password assigned to the user, and BEPA shall be entitled to assume without further investigation that all use of the user’s username and password is authorised and validly exercised by the user. The user hereby indemnifies BEPA against any loss, claim or damage which may be suffered by the user or any third party arising in any way from the user’s use of this website or the receipt by the user of an electronic mail from BEPA.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The contents of this website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trademark law, and are the property of BEPA, unless specifically stated otherwise.
7.2 Any unauthorised use of the contents, information or materials on this website is prohibited.
8. SOFTWARE AND EQUIPMENT
8.1 It is the responsibility of the user to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the website.
9. CHANGES AND AMENDMENTS
9.1 BEPA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
9.2 change these terms and conditions;
9.3 change the content and/or services available from the website;
9.4 discontinue any aspect of the website or service(s) available from the website; and/or
9.5 change the software and hardware required to access and use the website.
10.2 Neither cookies nor web beacons collect Personal Information such as the user’s name or e-mail address. A user may reject cookies as most browsers permit individuals to decline cookies. Under certain circumstances, users may be denied access to some parts of this website if their browsers are set to decline cookies.
11. LINKS TO AND USE OF OTHER WEBSITES
11.1 BEPA’s website may contain links to third party sites not controlled by BEPA and such links do not imply any endorsement, agreement on or support for the content of such third-party sites and BEPA is not responsible or liable for the maintenance of, or activities conducted on, any third-party site to which BEPA website provides a link. BEPA does not editorially control the content on such sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such third-party sites.
11.2 Even though the BEPA website may refer to or provide links to other sites, the user’s use of such other sites is entirely at the user’s own risk and BEPA is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the user’s use of such third-party site or the user’s reliance on any information contained in such third-party site.
12. LINKING TO THIS WEBSITE
12.1 The user is not entitled to provide a link to this website without the express written permission of BEPA.
12.2 The user is not permitted to “deep link” to this website or to “frame” any part of this website.
13.1 If there is a dispute between the user and BEPA regarding the interpretation or application of this website’s terms and conditions, which dispute the user would like to pursue and cannot be resolved between the user and BEPA, then the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (AFSA) which may be downloaded from their website http://www.arbitration.co.za.
13.2 Such arbitration proceedings must be conducted in Johannesburg and in English.
13.3 The arbitration ruling, including AFSA’s determination on costs, will be final and binding.
14. APPLICABLE AND GOVERNING LAW
14.1 The website is hosted, controlled and operated from the Republic of South Africa.
14.2 South African law will be applicable and will govern the use or inability to use the website, its content and these terms and conditions.
15.1 If any term or condition detailed in these terms and conditions is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions, which shall remain applicable and enforceable.
15.2 BEPA welcomes the user’s queries, suggestions or comments regarding our website terms and conditions. Please feel free to contact us on 011 706 3902.
© BEPA, October 2021. All rights remain reserved.