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WEBSITE TERMS AND CONDITIONS

        VERSION: May 2016

These terms and conditions are valid, binding and enforceable against all persons that access the Independent Power Producers Office website(s), 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.

1.  DEFINITIONS

The following definitions are applicable:

1.1            “IPP Office“ means the Independent Power Producers Office and includes each and any of its respective members, employees, contractors, sub-contractors, 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 the IPP Office;

1.3            “Privacy Policy” means the Privacy Policy which forms part of these terms and conditions;

1.4            “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) or any amendment thereto;

1.5            “terms and conditions” means the website terms of use governing each interaction and engagement between the user and the IPP Office and includes the Privacy Policy;

1.6            “user” means any person who accesses, enters or uses the website or any part thereof;

1.7            “website” means www.ipp-projects.co.za; www.ipprenewables.co.za; www.ipp-smallprojects.co.za; www.ipp-coal.co.za; www.ipp-cogen.co.za; www.ipp-gas.co.za; www.ipp-solarparks.co.za or any other website owned and operated by the IPP Office including services available on and through the website, source code(s), meta tags, postings and any page, part or element thereof.

2.  INTERPRETATION

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.  PRIVACY POLICY

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 the IPP Office, whether on any forms the user completes or through this website, and any information which the IPP Office has about the user will be regarded by the IPP Office as personal information.

3.2         Personal Information and use thereof

3.2.1     The IPP Office may collect and analyse the user’s personal information.

3.2.2     Personal Information provided by the user:

3.2.2.1 The user does not need to provide us with the user’s personal information in order to view our website. However, in order to register for and use certain services offered by the IPP Office from time to time the user may be required to choose a user name and a password and may request the user to provide the IPP Office with further relevant personal information. The IPP Office will use such information to provide the services to the user. The type of personal information the IPP Office collects about the user will depend on what services the user uses.

3.2.2.2 The IPP Office may, itself or through a third party, also use such information for internal purposes including but not limited to:

     3.2.2.2.1 maintaining and updating our databases;

     3.2.2.2.2 establishing and verifying the user’s identity; and

     3.2.2.2.3 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 the IPP Office in any manner and submitting the user’s personal information the user consents to the following:

3.3.1.1 The IPP Office may collect, use and store the user’s personal information to establish and verify the user’s identity, communicate with the user from time to time, maintain and update the databases, provide the user with value added services, customize the IPP Office website to the user’s preference and/or any other purpose as detailed in this Privacy Policy.

3.3.1.2 The IPP Office may use the user’s information for non-personal statistical purposes;

3.3.1.3 The IPP Office will also use the user’s Personal Information in the ordinary course of its business;

3.3.1.4 The IPP Office retains the copyright in databases of Personal Information of users;

3.3.1.5 The IPP Office may share the user’s information only with third party service providers under strictest confidence;

3.3.1.6 The user’s Personal Information may be retained and held by the IPP Office or by any third party company which processes it on the IPP Office’s behalf;

3.3.1.7 The IPP Office will not sell, rent or provide the user’s Personal Information to unauthorised entities or to third parties for their independent use without the user’s consent save as stipulated in this Privacy Policy. 3.3.2 The user agrees that the IPP Office may disclose the user’s Personal Information:

3.3.2.1 with its affiliates, business partners, subsidiaries, professional advisors and such other parties as the IPP Office considers necessary in the administration of its business (including financial decisions) or to perform their functions. If the IPP Office does pass the user’s Personal Information on to its affiliates, business partners and subsidiaries, it will make them aware of the provisions of this Privacy Policy;

3.3.2.2 if it believes that this is necessary to prevent or lessen any unlawful or harmful actions.

3.3.2.3 in good faith to governmental agencies, exchanges and other regulatory or self-regulatory bodies if The IPP Office is required to do so by law or if The IPP Office believes that such action is necessary to –

      3.3.2.3.1 comply with the law or with any legal process; 3.3.2.3.2 enforce or apply our terms and conditions;

      3.3.2.3.3 protect and defend the rights, property or safety of the IPP Office, its affiliates or our customers;

      3.3.2.3.4 assist in any investigation of or to prevent fraud, intellectual property infringements, or other activity that is illegal or may expose the IPP Office to legal liability;

      3.3.2.3.5 prevent or deal with fraud or the abuse, misuse or unauthorized use of our website; and/or

      3.3.2.3.6 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, the IPP Office will disclose such information to the appropriate regulatory bodies and commercial entities).

3.3.3 The IPP Office will not use or disclose the user’s Personal Information for commercial gain or otherwise other than in the manner permitted in this Privacy Policy.

3.3.4 The IPP Office 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 our 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 The IPP Office takes every reasonable precaution to prevent unauthorized access and to prevent the loss, misuse or alteration of the user’s Personal Information.

3.4.2 Personal information collected by the IPP Office 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 authorized to perform normal daily tasks such as updating addresses have access to the database.

3.4.3 To register with the IPP Office the user may be required to choose a user name and a password and perhaps the user’s identity/company registration number. The user is responsible for keeping its user name 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 our Site. The IPP Office 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 user name or passwords) secure or from the user permitting anyone else to use the user’s account with us and the user indemnifies the IPP Office and holds us 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 our website, although we will do our best to protect the user’s Personal Information. Any transmission of information is therefore the user’s own risk.

3.5    Accuracy of, updating, verifying and deleting the user’s Personal Information

3.5.1 It is the user’s duty to ensure that the Personal Information held by the IPP Office and Personal Information the user provides, is accurate and complete.

3.5.2 The IPP Office will endeavour to correctly capture all Personal Information provided by the user.

3.5.3 If the user has registered with the IPP Office, the user can amend as well as ensure that the user’s Personal Information is accurate, current and complete as detailed in 3.5.4 below.

3.5.4 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 The IPP Office shall not be liable for any incidental, consequential or punitive damages relating to these terms and conditions.

4.2 The IPP Office shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.

5. NOTICE

5.1 The IPP Office 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 The IPP Office will give the user notice of any changes prior to their implementation wherever possible.

5.3 The user will be bound by the terms and conditions including the Privacy Policy posted on this website each time the user accesses and or uses this website and interacts or engages with the IPP Office. The user should visit these terms and conditions and Privacy Policy on a regular basis to familiarise yourself with the latest version.

5.4 Please note that in the event of re-organization we may transfer the user’s Personal Information to another entity. In the event that this occurs, the user’s Personal Information will remain under the same Privacy Policy and be subject to these terms and conditions.

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 the IPP Office’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 the IPP Office 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 the IPP Office.

6.2 The IPP Office, 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 the IPP Office in terms of this website, or as a result of any unauthorized use or misuse of logon names and user codes, even if the IPP Office 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 logon name and user code assigned to the user, and the IPP Office shall be entitled to assume without further investigation that all use of the user’s logon names and user codes is authorized and validly exercised by the user. The user hereby indemnifies the IPP Office 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 the IPP Office.

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 trade mark law, and are the property of the IPP Office, unless specifically stated otherwise.

7.2 Any unauthorized use of the contents, information or materials on this website is prohibited.

8. LINKS TO AND USE OF OTHER WEBSITES

8.1 The IPP Office’s website may contain links to third party sites not controlled by the IPP Office and such links do not imply any endorsement, agreement on or support for the content of such third party sites and are not responsible or liable for the maintenance of, or activities conducted on, any third party site to which the IPP Office website provides a link. The IPP Office 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.

8.2 Despite the fact that the IPP Office 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 the IPP Office 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.

8.3 The IPP Office is not responsible and cannot be held liable for the privacy practices of third party sites or the manner in which they use cookies. Please visit the privacy policies of these third party sites in order to understand their privacy and information collection practices. These sites are not under the control of the IPP Office control and therefore are not covered by the IPP Office’s Privacy Policy.

9. LINKING TO THIS WEBSITE

9.1 The user is not entitled to provide a link to this website without the express written permission of the IPP Office.

9.2 The user is not permitted to "deep link" to this website or to "frame" any part of this website.

10. ARBITRATION

10.1 If there is a dispute between the user and the IPP Office regarding the interpretation or application of this Website terms and conditions which dispute the user would like to pursue and cannot be resolved between us, 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.

10.2 Such arbitration proceedings must be conducted in Johannesburg in English.

10.3 The arbitration ruling will be final and binding and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

11. APPLICABLE AND GOVERNING LAW

11.1 The website is hosted, controlled and operated from the Republic of South Africa.

11.2 South African law will be applicable and will govern the use or inability to use the website, its content and these terms and conditions.

12. GENERAL

12.1 In the event that 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.

12.2 The IPP Office welcomes the the user’s queries, suggestions or comments regarding our website terms and conditions. Please feel free to contact us on 087 350 3000.

 

© IPP Office May 2016. All rights remain reserved.