Inframid Websites User Agreement

between

the user of the Websites

(hereinafter referred to as User)

and

Inframid (Pty) Ltd

Registration no. 1994/002386/07
(hereinafter referred to as Inframid)

Whereas Inframid is a property development, project management and business development business, employing it’s Websites as information tools making the professional experience and expertise of its founders, associates and affiliates available and accessible to internet users worldwide. These platforms will publish, market, sell and distribute Inframid’s publications and services online and in association with other publishers and associates.

And whereas Inframid invites experienced people in these fields to form part of the Inframid community and share their knowledge with other people wanting to invest in their own properties and businesses.

And whereas the terms and conditions of this User Agreement apply to all of the Websites.

And whereas the terms and conditions of this User Agreement do not apply to the User’s use of unaffiliated websites to which any of the Websites may link to or direct the User to.

And whereas the access to and the use of the services, products, materials and information offered by means of the use of the Websites are provided to the User, subject to the User’s acceptance of the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By accessing the Websites, the User accepts, without limitation or qualification, all of the terms and conditions in this User Agreement.

Therefore when using, browsing or accessing the Websites, the User accepts all the terms and conditions of this User Agreement including but not limited to, in particular, the limitations on use, liability and warranty set out herein and no changes, additions or deletions by the User to the terms and conditions of this User Agreement will be accepted.

Now therefore Inframid and the User agree to the following Terms and Conditions, and Privacy Policy:

PAYMENT INFORMATION

Secure Online Payments - PayPal Accepted

Use your own PayPal account or pay by credit card through PayPal by following the PayPal links as shown in the following examples:

PayPal - The safer, easier way to pay online.   -   EXAMPLES ONLY   -   PayPal - The safer, easier way to pay online.

For your security your credit card details are never revealed to us, and cannot be stored on our website. PayPal is supported by

It is no longer necessary to be a PayPal member to make a secure online credit card payment using their services. Please contact us with your PayPal questions.

Since PayPal has become the web’s most favourable payment method, we accept PayPal for our products and services. PayPal is an easy-to-use application that allows you to securely send money using your credit card or bank account to any internet user. PayPal uses SSL technology to keep your information safe and secure. It is not required to have a PayPal account to pay with PayPal!

PayPal is the faster, safer way to pay and get paid online. The service allows members to send money without sharing financial information, with the flexibility to pay using their account balances, bank accounts, credit cards or promotional financing. With more than 87 million active accounts in 190 markets and 24 currencies around the world, PayPal enables global ecommerce.

PayPal

TERMS AND CONDITIONS

1. DEFINED TERMS

Inframid means Inframid (Pty) Ltd, Registration number 1994/002386/07.

Inframid Consortium means Inframid, its subsidiaries, divisions, affiliates, online service providers, agents, representatives, suppliers or licensors.

Submission means any creative submission, idea, material or suggestion for topics or content within the Websites, other products of Inframid Consortium or Website Material that is submitted by the User to Inframid Consortium or the Websites.

Third Party Site means a website of any other companies or organizations, including those that Inframid, the Websites or Website Material link to.

Third Party Service means other services, service providers, dealings, websites and/or web pages operated by third parties offering material, information and online services.

Third Party Sites and/or Services collectively refers to Third Party Sites and/or Third Party Services.

User Agreement means this user agreement including all the following references made herein, namely the Term and Conditions and the Privacy Policy all referred to as the provisions of this User Agreement.

Websites means and collectively refers to all of the websites, databases, online services, products, web pages, systems, part of systems, other related services and Website Material owned or operated by Inframid (Pty) Ltd, including but not limited to Inframid.net, Inframid.co.za, Inframid.org, Inframid.biz and any other website that Inframid has owned or operated, does own and operate or may own or operate in the future.

Website Material are the materials applied and displayed on the Websites, including but not limited to information contained thereon, online services content, products content, claims, topics, text, software, photographs, graphics, illustrations, artwork, images, video, music, sound, names, logos, buttons, icons, database content, trademarks and service marks.

2. OWNERSHIP AND COPYRIGHT

Except where indicated otherwise the Website Materials are the property of Inframid or its affiliates or licensors or online service providers or suppliers and are protected by South African and international copyright, trade mark and other laws.

No part of any of the Website Materials may be reprinted, reproduced, utilized in any form or by any electronic, mechanical, or other means including photocopying and recording in any information storage or retrieval system, without written permission from Inframid.

The User shall not store on his computer, print copies of extracts from the Websites and not, other than for his personal and non-commercial use, mirror or cache information provided via the Websites on his own server or other computer or other storage facility of whatsoever nature.

Except where otherwise stated, the User is not authorized to copy, adapt, amend, modify, distribute, download or republish any Website Materials in any manner whatsoever, without the prior written consent of Inframid, its online service providers, suppliers, affiliates or licensors. Any such authorized Website Materials may be displayed solely for the User’s personal, non-commercial use.

Inframid does not grant any license or right in, or assign all or part of its intellectual property rights in the Website Materials or the User interface of the Websites.

Should the User want to make a solicited Submission in view to participate on or make a contribution to the Websites, he shall inform Inframid via the contact link, who will then manage the process of participation in an equitable and responsible manner.

Inframid welcomes the User’s comments about any of the Websites. However, Inframid will not review or consider any unsolicited Submissions. This policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by Inframid Consortium might seem to be similar to the Submissions. Accordingly, the User must not send any unsolicited Submissions to Inframid or its Websites. If, despite this ruling, the User sends Inframid or its Websites any unsolicited Submissions, it shall become Inframid’s property. Any unsolicited Submissions that the User posts or transmits to the Websites is and will be treated as non-confidential and non-proprietary. The User assumes full responsibility for any Submission to Inframid and the User grants Inframid Consortium the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission.

3. USER ACCOUNT

The User agrees that if he wants to become a registered user in terms of specific products and services rendered by Inframid, he shall register and provide all user information as requested in terms of Inframid’s electronic registration process via its subscribe links. This personal information will be limited to first name, surname, email address, telephone number, delivery address, city and country. The User agrees to comply with all registration requirements and acknowledges that Inframid may decline registration in its sole discretion or suspend the User’s account should the User contravene any of the terms and conditions of this User Agreement. In the event of termination of the User’s account for any reason whatsoever, the parties agree to the following:

All postings and submissions provided by the User shall be deleted from Inframid’s Websites;

Monies owed to both parties shall be settled in full to each party by the other;

All references to the User’s submissions will be removed and deleted from the Websites; and

The User will be deregistered as user on the Websites.

4. TREATMENT OF PERSONAL INFORMATION

Inframid and if applicable Inframid Consortium undertake to treat personal information of the User that was provided through the Websites’ subscriber links strictly confidential and in accordance with its Privacy Policy. This personal information is limited to first name, surname, email address, telephone number, delivery address, city and country. Inframid will not require any other personal information from the User.

By way of subscribing to or purchasing through the Websites, the User agrees to accept email messages, short message system (sms) messages or telephonic calls from Inframid that are related to the Website Material, purchases made by the User, User queries or other related matters.

The User is aware that if he voluntarily discloses personal information on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.

5. PARENTAL PERMISSION

Inframid does not allow and is committed to remove any content that is insensitive towards children from its Websites. Yet, due to the nature of the services rendered by Inframid, including discussion forums, blogs and online communities created by various users, the website may contain information, inputs and elements which have been created, uploaded or posted by different third party users being insensitive to children. The Websites are thus not directed to children under the age of 13 and Inframid will not knowingly collect personally identifiable information from children under 13. Inframid strongly recommends that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. Inframid may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content and Inframid may limit access to certain content to users under a specified age. The user agrees to abide by any such restrictions and not to help anyone avoid these restrictions.

Inframid’s policy, however, is that its publications shall be safe to read and have a high educational value for people of any age group.

Inframid expects of all Inframid Consortium members to uphold this standard and policy.

6. SECURITY

The Websites are protected by a general firewall in order to limit viruses, undesirable users and programs.

Inframid will never expect the User to provide any form of personal financial or banking detail to Inframid itself. Inframid will employ the services of accredited and proven payment facilitators, such as PayPal, Monster Pay and the like to handle all payments, meaning that there is no need for Inframid to obtain or keep any such financial or banking detail of the User. The User must not provide personal financial or banking detail to anyone requesting it on behalf of Inframid or Inframid’s payment facilitators, as neither Inframid nor its payment facilitators will request third parties to do so.

No personal details of any User shall be made available to third parties by Inframid, unless prior consent has been obtained from the User. Access to personal User profiles will be monitored according to strict password and login policies, however, Inframid will not be held liable in any manner whatsoever in circumstances where the User has shared or disclosed its password or login details or dealt with such information in a negligent or willful manner which exposed the User’s confidential personal profile.

7. NO WARRANTY

Except as expressly provided otherwise in a written agreement between the User and Inframid Consortium and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User, the Websites are provided "as it stands" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing Inframid makes no warranty that:

the Websites will meet the User’s requirements;

the Websites or the hosting servers of the Websites are free of viruses, free of other harmful components or will be compatible with other software or applications to be used with or applied to;

the Websites will be uninterrupted, timely, secure, error-free;

the results that may be obtained from the use of the Websites will be effective, accurate or reliable;

the quality of the Websites will meet the User’s expectations;

any errors in any software obtained from or used through the Websites or any defects in the Websites will be corrected; and/or that

the information provided will be accurate.

Inframid Consortium expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The User assumes the entire responsibility and cost of all necessary preventative actions, servicing, repair or correction to the User’s system.

8. ACCURACY AND MODIFICATION OF WEBSITES

The Websites could include technical or other mistakes, inaccuracies or typographical errors.

The content of Websites may be out of date and Inframid Consortium gives no undertaking of any manner whatsoever to update such content.

Inframid Consortium may make changes to the Websites including but not limited to the contents, prices and descriptions of any products at any time without notice.

9. USE OF WEBSITE MATERIAL

Website Material can be used by the User by personally utilizing the various platforms of the Websites, including but not limited to email facilities, message boards, user reviews, chat rooms and other interactive services appearing on any of the Websites, whether these are in the public or private domains of the Websites. In order to use the Websites, the User must register on the Websites by providing all the user information as requested in accordance with Inframid’s electronic buying, registration or contact processes.

The User agrees that it will only use the Website Material in respect of the specific purposes for which it is created for. In using the Websites, the User will not:

post any communication or send to any other user or staff of Inframid any material that is abusive, undesirable for children, vulgar, threatening, harassing, stalking, libelous, defamatory, obscene, invades any person’s privacy, violates any intellectual or other legal rights of others or that would otherwise violate any law;

post communication or material that contains stock touts;

post communication known to be false or create a false identity;

post any communications or material of a commercial nature, that solicits funds or that advertises, offers to sell or solicits goods or services for any purpose;

upload, post or otherwise transmit any information, software or other material that contains any viruses or other harmful, disruptive or destructive files or components.

disrupt or interfere with any other users’ enjoyment of such services or materials or any affiliated or linked sites;

use or attempt to use another’s account, password, service or system without authorization from Inframid;

access or attempt to access any Website Material which the User is not supposed to or not authorized to access;

disrupt or interfere with the security of or otherwise cause harm to any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;

conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information;

upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User own or control the rights thereto or have received all necessary authority to do the same;

violate any laws or regulations of the Republic of South Africa or any other applicable region.

Inframid is not responsible for:

Website Material appearing in the Websites, except for communication or material signed by one of its identified representatives;

screening Website Material posted by users for slander, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.

Inframid, however, reserves the right to modify or remove Website Material that, in its sole discretion, is considered infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. Inframid also reserves the right to edit any Website Material for any other reason whatsoever. Whether or not Inframid modifies or removes such postings, the User remains solely responsible for the content of his Website Material postings.

10. CONTENT POSTED BY USERS

The User acknowledges that due to the nature of the services rendered by Inframid, including discussion forums, blogs and online communities created by various users, the Websites may contain information, inputs and elements which have been created, uploaded or posted by different third party users. The User acknowledges and agrees that any of the information or elements created, uploaded or posted by such third party user does not necessarily reflect the opinion, attitude or view of Inframid Consortium and that no such information created by third parties should be regarded as being endorsed or approved by Inframid Consortium. Inframid furthermore reserves the right to delete, remove or cancel any item, information or element created or posted by a third party user or the User, which may be offensive or insulting to Inframid Consortium or other users, or which may be in contravention of this User Agreement or which may have a detrimental effect on the purpose and objective of Inframid’s products and services.

By posting communication and material on the Websites, the User grants or warrant that the owner of such rights has expressly granted Inframid the worldwide, perpetual, nonexclusive right to use the User’s postings, in their original or edited form, in the Websites, television programs, books, articles, commentaries or in any other medium now known or later developed. The User also warrants that he owns or otherwise controls all of the rights to the content that he has posted and that the public posting and use of such content by Inframid will not infringe the rights of any third party. Additionally, the User warrants that any "moral rights" in posted communication and materials have been waived. The User is not entitled to any compensation for any communication and materials that he may post on the Websites.

11. UNLAWFUL CONDUCT

The User must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Websites or any Website Material displayed on the Websites.

The User hereby agrees not to use the Websites and Website Material for any purpose that is unlawful, improper or prohibited by this User Agreement. Improper usage includes, but is not limited to activities:

that are planned to encourage unlawful behavior by others;

causing privacy intrusion of any person or entity;

that will embarrass, defame, harm, abuse, threaten, slander or harass any person or entity;

that are prohibited by the laws of the Republic of South Africa and/or foreign regions in which the User is resided or uses the Websites from; and

actions intended to hide or impersonate the identity of any person or entity.

The User shall furthermore not apply any technological methods (including spiders or web crawlers) to search, explore, collect or gain information from the Websites in any manner whatsoever without the prior written consent of Inframid.

12. INDEMNITY

The User hereby agrees to indemnify and hold Inframid Consortium and its officers, partners and employees harmless from any claim or demand, including but not limited to legal costs, made by any third party due to or arising out of the User’s:

use of the Websites and Website Material;

violation of these Terms and Conditions; or

violation of any law, rule or regulation or the rights of any other person or entity.

13. GENERAL DISCLAIMERS

Although Inframid has taken reasonable measures to ensure the integrity of the Websites and Website Material, the use of it is on the User’s own risk. The Websites and Website Material contain the opinions and ideas of Inframid Consortium and should be used for general information purposes only.

The Websites contain business development, financing guidelines, project management, technical performance, time scheduling, costing information and other statements believed to be reliable and of good value. The Website Material are provided "as it stands" and without warranties of any kind, either expressed or implied. The only exceptions are the guarantees of satisfaction and graduation as and when they are expressed regarding certain products that are advertised in the Websites.

Inframid shall not be liable for any damages of any kind whatsoever, including but not limited to any loss or injury or any direct, indirect, incidental, consequential, special, punitive or consequential damages to the User or any third party arising out of the use of the Websites or Website Material. In this regard, Inframid will not be liable for any damages, whether or not Inframid has been advised of the possibility of such damages, resulting from:

Loss of use, data or profits or any failure to store data, files or other content;

Viruses, Trojans, bombs, time-locks, worms, spam or any harmful content;

The use of any services available through the Websites, or any services that are delayed or interrupted, or the inability to use the online services, products, materials or information;

The statements or actions of any third party on or through the Websites or any dealings with vendors or other third parties; or

Any unauthorized access to or alteration of the User’s transmissions or data, any information that is sent or received or not sent or received, or any website referenced or linked to from the online services feature.

The User hereby waives any and all claims against Inframid arising out of the User’s use of the Websites and Website Material.

The Website Material is generally presented in order to apply internationally and generically across states and as relevant laws vary from region to region, the reader must consider the local contextual environment and take advice from local professionals. The strategies outlined in the Website Material may not be suitable for every region, country, state or individual and are not guaranteed or warranted to produce any particular results.

Inframid does not endorse, warrant or guarantee any authors, speakers, products or services offered on the Websites or those it links to. Inframid is not a party to and does not monitor any transaction between users and third party providers of products or services. Under no circumstances will Inframid be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to the User in connection with his use of any advice, goods or services he receives from any author, speaker or linked site on the Websites or at any Inframid presentation.

Under no circumstances will Inframid be held responsible or liable for any loss or damage that is caused or alleged to have been caused to guest speakers of Inframid in connection with the display of their photo, name or biography posted on the Websites or any marketing material of Inframid.

Common law of various regions may not allow the exclusion of certain implied warranties, in which case those particular exclusions may not apply to the User in which case the Limitation of Liability clause as stated herein applies.

14. EARNINGS AND GROWTH DISCLAIMER

In addressing financial matters in the Website Material, Inframid has taken every effort to ensure accurate representation of the information and its potential to help the User grow his business or property portfolio. However, there is no guarantee that the User will earn any money, profits or growth using such techniques, and Inframid does not purport any "get rich schemes". Nothing on the Websites and Website Material is a promise or guarantee of earnings or growth. The User alone is responsible for his actions and results in life, investment and business. Any prospective statements outlined on the Websites and Website Materials are simply an opinion and thus are not guarantees or promises for actual performance.

The business, financing guidelines, contracting, time scheduling, costing and other examples included or recommended in the Website Material are based on specific experiences and hypothetical past performance and are not actual results or region specific. These are example results and are not intended to represent, guarantee or warrant that anyone will achieve the same or similar performances.

The User’s level of success in attaining similar results differ between individuals and is dependent upon a number of factors including his background, experience, skill, knowledge, ability, dedication, desire, business acumen, motivation and financial situation. As with any business endeavor, building project or financing transaction, there is an inherent risk of loss of performance, time or capital and there is no guarantee that the User will achieve the same as stated in the Website Material or any publications referred to. Because of these factors Inframid cannot guarantee the User’s success, income level, financial growth or ability to earn revenue.

15. NO PROFESSIONAL ADVICE

No guarantees are made that the User will achieve any results from the ideas or models presented on the Websites or Website Material and Inframid offers no professional engineering, project management, architectural, quantity surveying, interior design, legal, medical, psychological, financial or other professional advice. If the User requires such advice or services, a competent and appropriate professional should be consulted.

16. LIMITATION OF LIABILITY

In cases where common law applicable in the region of the User does not allow the limitation or exclusion of liability or incidental or consequential damages, including but not limited to lost data, certain limitations or exclusions above may not apply to the user. In no event shall the total liability to the User by Inframid for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by the User to Inframid, if any, for accessing the Websites or Website Material.

17. THIRD PARTY SITES AND SERVICES

The Websites may also make available Third Party Services. The use of Third Party Services and the use of information collected by the operators of such Third Party Sites and/or Services are governed by the terms and conditions and privacy policies that are applicable to such sites and services (if any).

The provisions of this User Agreement apply only to the Websites and not to Third Party Sites and/or Services. Inframid does not review, monitor maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any Third Party Sites or Services.

Third Party Services are made available only as a convenience and the reference or any link to a Third Party Site or Service does not imply endorsement by Inframid of the operator of such website or service, or any association between Inframid and such operator.

The User’s use of such Third Party Sites and/or Services, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings are solely between the User and such third party or the operator of such site or service and is at the User’s own risk. Prior to purchasing any products or services from Third Party Sites that are described on the Websites, the User is advised to and shall verify pricing, product quality and other information necessary to make an informed purchase.

Inframid shall not have any liability arising from purchases by the User of any third party products or services based upon the information provided on the Websites.

18. SALE OF PRODUCTS

The User agrees to comply with the purchase and sale procedure as specified on the Websites.

Inframid undertakes to apply independent, accredited and proven payment facilitators, such as PayPal, Monster Pay, etc.

Inframid reserves the right to, in its sole discretion and without notice:

offer products of its choice;

introduce special discount offers in relation to any of the products at any time; and

let special discount offers continue and be limited as required and decided by Inframid.

No quality guarantee on the content and design of any products are provided by Inframid.

19. COSTING AND PAYMENT

The User acknowledges and agrees that, when he proceeds to purchase products, he shall be responsible for all costs pertaining to all products listed and available on the Websites, including postage, shipment and delivery fees, taxes and other applicable charges. The User shall furthermore adhere to the specific payment methods as provided for by Inframid in respect of the purchase of products and services on the Websites.

20. RETURN POLICY

This return policy applies only to purchases that were made from Inframid and not to any purchases that were made from Third Party Site or Services.

The User acknowledges and agrees to the following procedure and criteria with regard to the return of products that were purchased by using the Websites:

Regarding electronic products: In order to limit download problems, Inframid will allow three downloads of the same product after purchase. Download problems, damaged, corrupted or incorrect electronic products should be reported to Inframid via the contact links that are provided on the Websites within two business days from the date of successful payment for the product, whereupon Inframid will allow the User access to the product for fresh downloads.

Regarding printed publications and other physical goods: Damaged goods, incorrect goods and incorrect quantities of goods delivered must be reported to Inframid within 10 (ten) calendar days from the date on which the goods were received by the User. Such goods should be returned and delivered to the return address that is indicated on the delivery note or that is obtained from Inframid via the contact link in the Websites. A new product will then be forwarded to the User within a reasonable time. Inframid will reimburse the User, if significant costs have been incurred by returning the goods and are called upon to do so in writing via the contact link in the Websites. Inframid will further forward new products at no additional cost to the User.

21. GENERAL CLAUSES

This User Agreement, including any additional checklists, acceptances or confirmations accepted by the User on the Websites, constitutes the entire agreement between the parties. This is the sole agreement and any alteration, modification, waiver or relaxation of any matter whatsoever, shall be of no force or effect.

Each and every clause and paragraph of this agreement is severable from each and every other clause and paragraph of this agreement and should any clause or paragraph of this agreement, or any part thereof, be void or voidable for any reason, then the rest of this agreement shall remain in full force and effect.

No waiver by Inframid in respect of the User’s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by Inframid to exercise any right hereunder or to insist upon strict compliance with or performance of the User’s obligations under this User Agreement, shall constitute a waiver of any provision of this User Agreement and Inframid may at any time require strict compliance with any provision hereof.

Expressions in the singular also denote the plural, and vice versa.

Words and phrases denoting natural persons refer also to juristic persons, and vice versa.

Words and phrases denoting persons of the male sex refer also to persons of the female sex, and vice versa.

Clause headings appear in this User Agreement for purposes of reference only and shall not influence the proper interpretation of the subject matter.

22. FORCE MAJEURE

"Force Majeure" means an event or events which are beyond the control of either party and which could not have reasonably been foreseen, which prevent the User on the one hand from carrying out its obligations or Inframid on the other hand from delivering the product or service as purchased by the User.

In the event of a party not being able to fulfill its obligation as a result of Force Majeure, he shall fulfill his obligation within seven days from the conclusion of Force Majeure.

23. MODIFICATION TO TERMS AND CONDITIONS

Inframid reserves the right to change the terms and conditions of this User Agreement at any time without notice to the User. The changes will appear on this screen.

The User is responsible for reviewing the terms and conditions each time it uses the website and online services. By using the Websites, the User agrees in advance to accept any changes and the User’s continued use of the Websites constitutes the User’s agreement to the then current terms and conditions of this User Agreement.

24. DOMICILIUM

Inframid chooses as its domicilium citandi et executandi the email, facsimile or postal addresses of Inframid as stated in the Websites or the physical address of Inframid at 5 Ethel Street, Midstream Estates, Ekurhuleni, Gauteng, Republic of South Africa, provided that such domicilium may be changed by changing this clause with effect from the earliest date of change of this clause and notification of Inframid’s subscriber list by email.

The User chooses as his domicilium citandi et executandi the email address set out under the clause herein headed ‘user account’, provided that such domicilium may be changed by electronic written notice from the User to Inframid with effect from the date of change of the User’s subscription information on the Websites.

25. NOTICES

All notices under this Contract will be given in writing and will be deemed to have been given and received if delivered to the domicilium citandi et executandi by any one of the following means, only if they are applicable:

By email, at the time of receipt;

By facsimile, at the time of receipt;

Delivery by hand, at the time of signed acceptance by the party; or

By registered mail, within ten days of the date of proven mailing.

26. DISPUTES

It is the express intention of the parties that any disputes arising out of or in connection with this User Agreement shall be settled amicably between the parties.

In the case of dispute between the User and Inframid, the User should address Inframid in writing and forward it to the domicilium citandi et executandi email address. The administrator shall contact the party involved within 48 (forty-eight) hours from receipt of the alleged dispute in an attempt to resolve the matter.

In the event of a dispute between the User and any Third Party Service provider, Inframid shall not be involved in such dispute, unless Inframid may deem it necessary to protect its rights and interests.

In default of amicable agreement, however, the dispute shall be finally settled under the rules of conciliation and arbitration of the International Chamber of Commerce, whose decision shall be final and binding on the Parties hereto and shall be in lieu of any other remedy. The conciliation and arbitration proceedings shall be held in Pretoria, South Africa in English language.

27. GOVERNING LAW AND JURISDICTION

This User Agreement will be governed by and construed in accordance with the laws in force in the Republic of South Africa.

For the purpose of all or any proceedings hereunder the parties hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction over Inframid, notwithstanding that such proceedings are otherwise beyond its jurisdiction in respect of any dispute arising in connection with the Websites and which cannot be settled on the basis described above. Inframid shall nevertheless have the right at its sole option and discretion to institute proceedings in any other competent court in respect of any claim, but for the foregoing, would exceed the jurisdiction of the Magistrate’s Court.

PRIVACY POLICY

1. USER PERSONAL INFORMATION

Inframid as represented on the Websites and its employees respect the User’s privacy and the confidentiality of his personal information.

Inframid will never rent or sell the User’s personal information without his consent.

Personal information that the User supplies to Inframid via the Websites is only used and processed for the purpose:

for which Inframid requests the information, as stated in the relevant web pages;

to the extent necessary to enable Inframid to meet its obligations to the User;

to communicate with the user; and

to comply with Inframid’s legal obligations.

Inframid will not disclose the User’s personal information to third parties outside Inframid, unless:

Inframid is permitted or required to do so by law;

it is in the public interest to do so;

it is necessary to protect the rights of an entity in the Inframid Consortium; or

the User has expressly authorized Inframid to do so.

Inframid may from time to time use the User’s personal information to compile profiles for statistical purposes. Inframid may use cookies, pixel trackers, server logs, and any Internet technology in order to measure the effectiveness of the Inframid service and any advertising campaigns as well as to target meaningful content and advertisements to its users. However, such profiles or statistical data cannot be linked to any identifiable individual.

Inframid has put controls in place to in its best means prevent unauthorized access to, modification or destruction of the User’s personal information, whether accidental or deliberate. These controls are based on the requirements of the business and conform to commonly accepted industry standards as well as contractual and legal requirements.

Should Inframid or portions of it ever be sold, applicable user information whether personally identifiable or otherwise may be transferred as part of that sale.

2. OTHER POLICIES

The various entities in the Inframid Consortium may have different online privacy policies due to the fact that the nature of their services or products requires a deviation from this privacy policy. If this is the case, the relevant entity’s specific policy will govern the User’s use of its web site, on-line services and products.

3. INFORMATION COLLECTION

If the User browses the Websites anonymously or do not interact with Inframid, it may from time to time collect information such as the User’s email address.

4. USER COMMUNICATION

Inframid may occasionally contact the User to inform him of new services or products offered by an entity in the Inframid Consortium. The User will, however, always be given the opportunity to instruct Inframid to remove his details from the particular Inframid mailing list.

When Inframid sends communication to a User it may allow advertisers or consortium members to include identified messages in that communication but those advertisers and consortium members will never have access to the User’s personal information including his email address.

All communication to the User will come directly from Inframid. The User may unsubscribe from a particular list at any time.

5. MODIFICATION OF PRIVACY POLICY

Inframid reserves the right to amend this online privacy policy at any time by posting the amended policy on the Websites. Unless otherwise stated, the current version will apply each time the User accesses the Websites. Material changes to this privacy policy will be prominently posted in advance on this site.

6. THIRD PARTY AD SERVERS

Inframid may use DoubleClick, Google, and other third-party Ad Servers to serve and display advertisements on the Websites. Inframid does not provide personally identifiable information to Ad Servers. They may use cookies, pixel trackers, or other internet technology to improve the effectiveness and targeting of advertisements to the User within the Websites and any other place where that third-party is serving advertisements. The User may configure his web-browser to disable this. For more information about these third-party Ad Networks and opting out of tracking, see:

http://www.networkadvertising.org/managing/opt_out.asp

http://www.doubleclick.com/privacy/dart_adserving.aspx

7. CONTACT INFORMATION

For any questions about this Privacy Policy or Inframid’s privacy practices, contact Inframid via the contact links on the Websites.

8. COPYRIGHT

Copyright subsists on all materials on the Websites. The User may use the information and print or reproduce materials from the Websites only for his own non-commercial personal use.


Inframid (Pty) Ltd