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SITE TERMS AND CONDITIONS OF USE

ACCEPTANCE

PLEASE READ THE USER AGREEMENT OF THIS SITE www.b-s-t.co.za ("Site"), AS EXPRESSED BELOW, BEFORE CONTINUING TO MAKE USE OF THIS SITE.

BY CONTINUING TO USE THIS SITE, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES WILL BE BINDING ON THE USER.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Copyright (© 2012) in this site vests in Broadband Solutions Technology (Pty) Ltd, ("BST"), registration number 2003/004271/07, of Room 259, Building 4, CSIR, Meiring Naude Road, Brummeria, South Africa. All rights not expressly granted are reserved. To obtain permission for the commercial use of any content on this Site please contact the Chris Ungerer at +27 12 349 1938 or e-mail enquiries@b-s-t.co.za The directors of BST at 1st Jan 2013 are: S. J. Fouche, D. MacLeod and G. S. Carey. BST retains for itself all intellectual property rights (including the goodwill associated with those rights) related to the Site, whether owned by BST or used by BST under licence. As used here "intellectual property rights" means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Site, all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto, including all moral rights. In particular BST does not dispose of the ownership of or its rights under licence to use any intellectual property on this Site.

SECURITY

Appropriate action shall be taken in terms of chapter 8 of the Electronic Communications and Transactions Act 25 of 2002, against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorized access to any page on this Site.

LINKS AND FRAMING

Links provided on this Site to non-BST sites are provided as-is and BST does not expressly or by implication agree with or have any control over the content on such web sites. If the User follows any of these links the User does so at its own risk and BST cannot accept any responsibility for any loss or damage that the User may incur as a result. The User may not use the Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Site. Without limitation, you may not do any of the following without prior written permission from BST (and neither may you allow a third party to do any of the same):

  1. redistribute any of the content; or
  2. create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or
  3. deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.

WEBSITE DISCLAIMER

BST SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE. Except as set out above, BST provides no warranties with regard to the Site. BST shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any direct, indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of BST, its employees or agents or otherwise) which arise out of or in connection with the Site or its Use (whether in contract, delict or otherwise).

GOVERNING LAW

This Site is a South African based web site. These Terms and Conditions shall be governed and construed in terms of the law of the Republic of South Africa and the jurisdiction of the Cape High Court shall govern any action arising from these Terms and Conditions and/or the Use of this Site.

AMENDMENTS

BST may, in its sole and absolute discretion, amend these terms and conditions, or any part thereof at any time without notice to Users.

DISPUTES

The User and BST ("the Parties") irrevocably agrees that any dispute whatsoever arising from these Terms and Conditions shall be settled according to the following procedure:

  1. Either party may give written notice to the other party/ies to initiate the procedure.
  2. The parties shall first endeavour to settle the dispute by mediation.
  3. The parties may agree on the mediation procedure and on the mediator and failing agreement within 5 days of the notice referred to in clause 1, the mediation shall take place in accordance with the United Nations Commission on International Trade Law ("UNCITRAL") Model Conciliation Rules.
  4. If for any reason, including lack of co-operation by the parties, a dispute is not settled by mediation within thirty (30) days of the notice referred to in clause 1 or such longer period of time as the parties may agree to in writing, the dispute shall be settled by arbitration.
  5. The parties may agree on the arbitration procedure and on the arbitrator and, failing agreement within 5 days of the exhaustion of the period referred to in clause 4, the arbitration shall take place in accordance with the UNCITRAL Arbitration Rules in force at the time of the dispute.
  6. The appointing authority in terms of the UNCITRAL Arbitration Rules shall be the Association of Arbitrators (Southern Africa).
  7. Unless agreed otherwise the mediation and the arbitration shall be administered by the parties.
  8. The number of mediators shall be one (1) and the number of arbitrators shall be one.
  9. Nothing in this clause shall preclude any party from seeking urgent interim relief from any Court of competent jurisdiction.

The venue of the arbitration shall be Cape Town, South Africa.

The arbitrator:

  1. shall have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially;
  2. shall be obliged to provide written reasons for his decision.

The Parties irrevocably agree that the decision in the arbitration proceedings:-

  1. shall be final and binding on the Parties;
  2. shall be carried into effect;
  3. may be made an order of any court of competent jurisdiction.

The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:

  1. the nature of any dispute arising from this agreement; and
  2. the resolution thereof in terms of this clause which shall include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause; and
  3. any settlement agreement in terms of this clause as well as any arbitration award, shall be considered Confidential Information.

This clause shall not preclude either Party form obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator as the case may be from time to time.

The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.