- ACCESS AND USE CONDITIONS
1.1 These terms and conditions of use become effective when you access this website and constitute a binding agreement between GWK Limited, registration number 1997/022252/06, or its subsidiaries or affiliates, as the case may be (“us/we/our”) and yourself.
1.2 You must be at least 18 years of age to use GWK’s website and the information contained herein, and you warrant and represent to us that you are at least 18 years of age you agree to the application of South African law to govern all matters between you and GWK Limited and to the exclusive jurisdiction of the courts of South Africa. You further warrant that you have the required legal capacity to enter into and be bound by these terms and conditions.
1.4 The website and all its contents are provided on an “as is” basis. GWK Limited makes no representations, gives no guarantee or warranty of any kind, whether express or implied, as to the accuracy of the contents of the website and does not accept liability for damages of any nature whatsoever arising from or connected to the use by you of the website, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked site.
1.5 GWK Limited does not warrant that the website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.
1.6 GWK Limited accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected or downloaded from the website is free of viruses or other contamination that may interfere with or damage the user’s computer system, software or data.
1.7 GWK Limited may change, suspend or close the website without obligation to notify any person. GWK Limited may also amend data formats without prior notice and GWK Limited may restrict access to all or parts of any application on the website.
1.8 This disclaimer also applies to any message we publish, send or which passes through GWK information systems, including its contents, any attachments and all subsequent messages or attachments. If there is a conflict between this disclaimer and any other, this one will prevail.
2.1 We may amend or vary these conditions from time to time without notification to you.
2.2 By accessing this website you are bound to the version of the terms and conditions published at the time of any visit to this site. Unless otherwise stated, the current version shall supersede and replace all previous versions of these terms and conditions.
2.3 You agree to view the current version each time that this website is visited.
2.4 The current version of these conditions will govern the respective rights and obligations between us each time you access this site.
- INFORMATION ON THIS WEBSITE
3.1 This document was created using a boilers from SEQ.
3.2 All information on this site is only intended to provide you with general information about us, our products and our services (the “online services”). It is intended for general information and guidance only and is not intended to serve as professional advice or formal recommendations of any nature whatsoever
3.3 Any reference to any product or service which has been or may be provided by GWK Limited or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services, including information in respect of the terms and conditions or any other matters, may be made at any time without notice.
- THIRD PARTY INFORMATION
4.1 We may use the services of other third-party organisations to provide information on this website. We have no control over the third-party information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. We will not be directly or indirectly liable for any damages that may arise from your reliance on it.
4.2 A contract under these terms and conditions is for GWK benefit and your benefit, and is not intended to benefit or be enforceable by any third party, nor is it subject to the consent of any third party.
- LINKED THIRD PARTY SITES
5.1 This website may contain certain images and links to other third-party websites (“linked sites”) with information and material produced by other parties. The linked sites are not under our control and we are not responsible for the content of any linked site, including but without limitation to any link contained in a linked site, or any changes or updates to a linked site.
5.2 We are not responsible for webcasting or any other form of transmission from linked sites nor are we responsible if the linked site is not working properly.
5.3 We will provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site, their business or security practices or any association with its operators.
5.4 GWK Limited is not responsible for the content of any other website from which you have accessed this website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof. Content and information provided by third parties other than GWK Limited is published as supplied to it and are not responsible for its accuracy or timeliness.
- HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
6.1 If any third party wants to establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “linking”), to this site, our prior written consent is required.
6.2 Our consent may be withheld or granted, subject to conditions specified by us.
6.3 Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
- COLLECTION FROM BROWSER
GWK Operations will automatically receive and record internet usage information on our server logs from your browser such as the following usage information:
Some of the cookies we use are session cookies and only lasts until you close your browser, others are persistent cookies which are stored on your computer for longer.
- ABOUT SECURITY
9.1 We are committed to making sure that your online experience is safe and secure.
9.2 We use multiple levels of security, and state-of-the-art Internet technology, beginning with your browser and ending with our own security infrastructure to ensure that access to your terminal is private and secure.
We are committed to maintaining the privacy and security of your personal and private information (“user information”) submitted to us via the www.gwk.co.za website (“the/this website”). This privacy and security notice (“this notice”) outlines our practices and commitment to you in this regard.
- FINANCIAL CONTENT
11.1 If and when we offer financial and indices data (“financial content”) on this site, such information is offered free of charge and is for non-commercial use only. You are strictly prohibited from placing or incorporating this financial content into any financial instrument, external programs, website feeds, etc. You are strictly prohibited from modifying, altering or editing the text, data, content or links for any purpose.
11.2 You are not allowed to display the content in a manner that does not permit successful linking, redirection or delivery to our official and applicable website.
11.3 We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information provided through this financial content.
11.4 We do not accept any liability for loss or damage of any nature, including indirect or consequential loss, which may be attributable to the reliance on and use of the financial content. This service is offered free of charge and is for non-commercial use only.
- INTELLECTUAL PROPERTY RIGHTS
12.1 Subject to the express provisions of these terms and conditions:
12.1.1 GWK, together with GWK licensors, own and control all the copyright and other intellectual property rights in GWK website and the material on GWK website; and
12.1.2 all the copyright and other intellectual property rights in GWK website and the material on GWK website are reserved.
12.2 This site contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to us. Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written consent, use our intellectual property or that of third parties for any purposes whatsoever.
- LICENSE TO USE THIS WEBSITE
13.1 Subject to these terms and conditions, you may view pages from GWK website in a web browser; download pages from GWK website for caching in a web browser; print pages from GWK website; stream audio and video files from GWK website; and use GWK website services by means of a web browser.
13.2 Except as expressly permitted by 13.1 or the other provisions of these terms and conditions, you may not download any material from GWK website or save any such material to your computer.
13.3 You may only use GWK website for business purposes, and you may not use GWK website for any other purposes.
13.4 Except as expressly permitted by these terms and conditions, you may not edit or otherwise modify any material on GWK website.
13.5 Unless you own or control the relevant rights in the material, you may not:
13.5.1 republish material from GWK website (including republication on another website);
13.5.2 sell, rent or sub-license material from GWK website;
13.5.3 show any material from GWK website in public;
13.5.4 exploit material from GWK website for a commercial purpose; or
13.5.5 redistribute material from GWK website.
13.6 We reserve the right to restrict access to areas of GWK website, or indeed GWK whole website, at GWK discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on GWK website.
13.7 GWK is not responsible for the user’s equipment in order for the website to work.
- ACCEPTABLE USE
14.1 You may not:
14.1.1 use GWK website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
14.1.2 use GWK website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
14.1.3 use GWK website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
14.1.4 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to GWK website without GWK express written consent;
14.1.5 access or otherwise interact with GWK website using any robot, spider or other automated means [except for the purpose of [search engine indexing]]
14.1.6 violate the directives set out in the robots.txt file for GWK website; or
14.1.7 use data collected from GWK website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
14.2 You must not use data collected from GWK website to contact individuals, companies or other persons or entities.
14.3 You must ensure that all the information you supply to us through GWK website, or in relation to GWK website, is true, accurate, current, complete and non-misleading.
- REGISTRATION OF ACCOUNT AND USER LOG-IN DETAILS
15.1 To be eligible for an account on GWK website under this Section 15, you must be resident or situated in the South Africa.
15.2 You may register for an account with GWK website by [completing and submitting the account registration form on GWK website, and clicking on the verification link in the email that the website will send to you].
15.3 You may not allow any other person to use your account to access the website.
15.4 You may notify us in writing immediately if you become aware of any unauthorised use of your account.
15.5 You may not use any other person’s account to access the website [unless you have that person’s express permission to do so].
15.6 In the event that you may be required to register for an account with the GWK website, we will provide you with, alternatively you will be asked to choose, a user ID and password.
15.7 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
15.8 You must keep your password confidential.
15.9 You must notify us in writing immediately if you become aware of any disclosure of your password.
15.10 You are responsible for any activity on GWK website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
15.11 We may suspend your account, cancel your account, and/or edit your account details, at any time in GWK sole discretion without notice or explanation.
15.12 You may cancel your account on GWK website [using your account control panel on the website].
- GWK CONTENT: LICENSE
16.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to GWK or GWK website for storage or publication on, processing by, or transmission via, GWK website.
16.2 You grant to GWK a worldwide, irrevocable, non-exclusive, royalty-free license (“Licensed Rights”) to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website. You grant to GWK the right to sub-license the Licensed Rights. You grant to GWK the right to bring an action for infringement of the Licensed Rights.
16.3 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
16.4 You may edit your content to the extent permitted using the editing functionality made available on GWK website.
16.5 Without prejudice to GWK other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- YOUR CONTENT: RULES
17.1 You warrant and represent that your content will comply with these terms and conditions.
17.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
17.3 Your content, and the use of your content by GWK in accordance with these terms and conditions, must not:
17.3.1 be libellous or maliciously false;
17.3.2 be obscene or indecent;
17.3.3 infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
17.3.4 infringe any right of confidence, right of privacy or right under data protection legislation;
17.3.5 constitute negligent advice or contain any negligent statement;
17.3.6 constitute an incitement to commit a crime, [instructions for the commission of a crime or the promotion of criminal activity];
17.3.7 be in contempt of any court, or in breach of any court order;
17.3.8 be in breach of racial or religious hatred or discrimination legislation;
17.3.9 be blasphemous;
17.3.10 be in breach of official secrets legislation;
17.3.11 be in breach of any contractual obligation owed to any person;
17.3.12 depict violence [in an explicit, graphic or gratuitous manner];
17.3.13 be pornographic [lewd, suggestive or sexually explicit];
17.3.14 be untrue, false, inaccurate or misleading;
17.3.15 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
17.3.16 constitute spam;
17.3.17 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
17.3.18 cause annoyance, inconvenience or needless anxiety to any person.
- WARRANTIES AND REPRESENTATIONS
18.1 GWK do not warrant or represent:
18.1.1 the completeness or accuracy of the information published on GWK website;
18.1.2 that the material on the website is up to date; or
18.1.3 that the website or any service on the website will remain available.
18.2 GWK reserve the right to discontinue or alter any or all of GWK website services, and to stop publishing GWK website, at any time in GWK sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
18.3 We exclude all representations and warranties relating to the subject matter of these terms and conditions, GWK website and the use of GWK website to the maximum extent permitted by applicable law.
- DISCLAIMER AND LIMITATION OF LIABILITY
19.1 Nothing in these terms and conditions will:
19.1.1 limit or exclude any liability for death or personal injury resulting from negligence;
19.1.2 limit or exclude any liability for fraud or fraudulent misrepresentation;
19.1.3 limit any liabilities in any way that is not permitted under applicable law; or
19.1.4 exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions, govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
19.3 To the extent that GWK website and the information and services on GWK website are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 GWK will not be liable to you in respect of any losses arising out of any event or events beyond GWK reasonable control.
19.5 GWK will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 GWK will not be liable to you in respect of any loss or corruption of any data, database or software.
19.7 GWK will not be liable to you in respect of any special, indirect or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of GWK officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against GWK officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of GWK officers and employees).
- YOUR LIABILITY TO US
You shall be liable to us for any liabilities, losses or expenses incurred by us as a result of any breach by you of these terms and conditions.
- TERMINATION, SUSPENSION AND LIMITATION
21.1 We may set limits or conditions on the right to certain services, features or functions on this site, restrict access to parts of or all of the services on the site and modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
21.2 Without prejudice to GWK other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
21.2.1 send you one or more formal warnings;
21.2.2 temporarily suspend your access to GWK website;
21.2.3 permanently prohibit you from accessing GWK website;
21.2.4 block computers using your IP address from accessing GWK website;
21.2.5 contact any or all of your internet service providers and request that they block your access to GWK website;
21.2.6 commence legal action against you, whether for breach of contract or otherwise; and/or
21.2.7 suspend or delete your account on GWK website.
21.3 Where we suspend or prohibit or block your access to GWK website or a part of GWK website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation [creating and/or using a different account]).
- OUR ADDRESSES
Corporate Information we must disclose by law
Registered Name: Griekwaland-Wes Korporatief (GWK) Limited
Registration Number: 1997/022252/06
Primary Address: De Villiers Street, Douglas, Northern Cape, South Africa
Postal Address: P. O. Box 47, Douglas 8730
Telephone Number: (053) 298 8200
Facsimile Number: (053) 298 2445
For the purposes of this disclaimer, “we” or “us” means the company above and those related to it as specified in the Companies Act, 2008.
- GENERAL PROVISIONS
23.1 A certificate signed by us will constitute sufficient proof of the operation or functionality of the online services or any part thereof and the contents of any information displayed on the site on a given date, and will be regarded as correct unless you prove the contrary.
23.2 The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the products or services offered on this site or pages will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.
23.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
23.4 Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.
23.5 No failure or delay by us to exercise any of our rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against you.
23.6 If any of these terms and conditions is held to be invalid, unlawful or unenforceable, the term or condition will be deleted from the remaining terms and conditions which will continue to be valid to the full extent permitted by law.
23.7 You hereby agree that GWK may assign, transfer, sub-contract or otherwise deal with GWK rights and/or obligations under these terms and conditions.
23.8 You may not without GWK prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.9 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.10 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23.11 GWK is registered in Agriculture-related supporting services; you can find the online version of the register at Companies and Intellectual Property Commission (CIPC), and GWK registration number is [1997/022252/06].
23.12 GWK is subject to Corporate Governance, which is supervised by Companies Act 71 of 2008 and King VI.
23.13 GWK is registered as a Financial Service Provider with Financial Services Board (FSB) in South Africa and is subject to its rules/codes, which can be found at [https://www.fsb.co.za/].
23.14 GWK is registered as Credit Provider with National Credit Regulator (NCR) in South Africa and is subject to the National Credit Act 34 of 2005.
23.15 GWK subscribe to codes of the Consumer Goods and Services Ombud (CGSO) in line with the Consumer Protection Act 68 of 2008, which can be consulted electronically at [http://www.cgso.org.za/].
23.16 GWK VAT number is 9833688717.
24.1 Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
24.2 You accept that we cannot be held liable for any loss, or damage suffered by you as a result of unlawful activities by unscrupulous persons, as we cannot prevent such behaviour.
24.3 You acknowledge that we will use e-mail and notices on this site, as our main communication tool for all communications relating to this site, or these terms and condition.
24.4 This disclaimer applies to any message (i.e. email, SMS, tweet or post)
24.5 An e-mail message will be deemed to be sent:
24.5.1 by you, at the time at which we are capable of accessing such message; or
24.5.2 by us, at the time shown on the message as having been sent, or if not so shown, at the time shown on our computer system as having been sent.
24.6 An e-mail message is deemed to be received:
24.6.1 by you once it becomes capable of being retrieved by you; or
24.6.2 by us, once we have confirmed receipt thereof by you, or responded thereto, whichever is the earlier.
24.7 A message shall be attributed:
24.7.1 to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the message sent to us resulted from an error or malfunction in the communication system; or
24.7.2 to us, if it has been sent by a duly authorised representative and such representative acted within the scope of such authority or by an automated system programmed by us and such system operated without error or malfunction.
24.8 Unless otherwise provided for in these terms a confirmation by us of receipt of a message from you is required to give legal effect to such message.
24.9 Recipient of message from GWK
Messages are intended for the recipient only. If that is not you and you have received the message:
24.9.1 Please notify the sender using the contact details contained in the message. If this is not possible, then use the quickest means possible (like telephone or fax). You must delete the message you received once you have notified the sender.
24.9.2 You must not forward, copy or otherwise transmit or disseminate the message or any of its contents to any person other than the named sender.
24.9.3 You may not print, save or store the message or any of its contents in electronic or physical form.
The message is confidential, unless GWK states, specifically or if this is manifestly clear from the context . The message may be subject to legal privilege and client confidentiality. If you are not certain whether the message is confidential, please check with the sender. Do not disclose it to anyone else. Only the person to whom the message was sent may use it. Do not add the sender’s contact details to a database for the purposes of direct electronic marketing without their consent.
24.11 Personal information
The message may contain personal information. Once you receive (or process) the personal information, you are responsible for protecting it and for processing it lawfully as per POPI Act. Please note that GWK will never request your personal banking details via its website.
24.12 Copyright notice for message content
GWK owns the content of its messages and this disclaimer, unless it is clear that someone else owns it. Copyright and other intellectual property laws protect the content. GWK reserve all rights we do not expressly grant.
24.13 Legal requirements related to message
By communicating with GWK electronically, you consent to receiving messages from GWK electronically and agree that any agreement, notice, disclosure or other message transmitted electronically satisfies any legal requirement, including that it be “in writing”. Unless GWK agrees otherwise, GWK only deemed to have:
24.13.1 received a message once a person has responded to it; and
24.13.2 sent a message once reflected as “sent” on GWK’s message server logs.
24.14 GWK not responsible
While GWK tries to prevent harm, damage, or loss that could relate to messages, GWK is not responsible or liable for any harm, damages, or losses arising from any message, including: from malicious software (malware); if someone else changes a message, or it arrives incomplete or different to how it was sent; for corruption of data, or any “denial of service”; for the non-delivery or incorrect delivery of any message; its effect on electronic devices; its interception; or its transmission in an unencrypted medium. GWK has taken reasonable precautions to check that its messages do not contain malicious software (malware). GWK recommends that you do virus checks to all messages you receive. GWK gives no warranty regarding any message.
24.15 Personal use by senders
The views or opinions expressed in any message are not necessarily GWK’s. They may be those of the individual sender, in which case they are personally responsible (not GWK). If any message contains offensive, derogatory or defamatory statements or materials, it is outside the sender’s scope of employment with GWK and only the sender can be held liable in their personal capacity.
24.16 Interception and monitoring
GWK reserve the right to intercept, monitor, filter, view, block, archive, backup, delete or disclose all messages. Employees do not have any privacy right in the creation, sending, receipt or storage of information on the GWK system. If you do not want your message to be read by us, you must not communicate with us by messages.
24.17 Concluding agreements
We make no offer, warranty or representation in GWK’s messages, unless we state it specifically or if this is manifestly clear from the context. GWK messages are merely an invitation to do business. However, we may rely on and hold you to your offers, warranties, representations or other statements you make in your messages. GWK’s representatives are not authorised to conclude agreements or bind us by message, unless a duly authorised representative confirms it. An automated response from GWK will not contractually bind it.
If you have any IT related questions or concerns, please contact GWK IT Department.
24.19 Resolving disputes
South African law applies to any message. GWK has the sole discretion of resolving any dispute regarding a message by negotiation ; failing which mediation ; failing which arbitration . Arbitration will be conducted under applicable arbitration laws. The arbitration will be held in English in the city of GWK head office. This clause will not stop a party from applying to court for urgent interim relief while the dispute resolution process is being finalised.