Disclaimer notice by Siyakhanda International Trade Concepts (Pty) Ltd – (SITC), its owners or partners:
- By using this website, you agree to the exclusions and limitations of liability stated and accept them as reasonable. Do not use this website if you do not agree that they are reasonable.
- If any of the points in this disclaimer notice are found to be unenforceable under applicable law, that will have no bearing on the enforceability of the rest of the disclaimer notice.
- SITC makes no warranty, express or implied or assumes any legal liability for the accuracy, timeliness, completeness or usefulness of any information carried under SITC’s website.
- Any consequential loss or damage suffered as a result of reliance on this information is the sole responsibility of the user.
- The use of any information on this service creates no legal obligation, affiliation or association with SITC or with third parties arising as a consequence of using information provided by this service.
All intellectual property rights in relation to this website and or software products are reserved and owned by SITC. Material on this website, including text and images, is protected by copyright law and is copyright to SITC unless credited otherwise. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use.
Links to Other websites and Products:
Links to other websites are provided for the convenience of users. We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.
Law and Jurisdiction:
This disclaimer notice shall be interpreted and governed by South African law, and any disputes in relation to it are subject to its jurisdiction.
We reserve the right to revise and amend this disclaimer notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.
Links to external or third-party websites outside SITC or the use of trade, firm, or corporation names within SITC are for the convenience of the user. Any reference to any specific product, process or service by provider manufacturer or distributor does not constitute or imply its endorsement or recommendation by SITC or its owners or partners. When users select a link to external/third-party website and they leave the SITC website be aware that you are subject to the privacy and security policies of the owners/sponsors of the outside website.
SITC and its owners or partners are not responsible for transmissions, communications or viruses users may receive from external/third-party websites linked or referred to from SITC.
SITC and its owners or partners cannot authorise the use of copyrighted materials on linked or referred to websites. Users must request such authorisation directly from the owner of the website in question.
SITC and its owners or partners makes no representation or warranty as the financial status or accuracy of any information concerning any organisation listed under SITC’s website.
SITC and its owners or partners do not endorse any organisations sponsoring either the SITC website or any external/third-part websites referred or linked to from SITC and we do not endorse the views such sponsors may express or the products or services they offer.
SITC will not link to any website that exhibits, endorses or promotes hate, bias, or discrimination.
Furthermore, SITC reserves the right to deny or remove any link that contains misleading information or unsubstantiated claims, or conflicts with SITC’s mission or policies.
The property and copyright in all material contained in SITC website vests in SITC, unless expressly stated otherwise.
Unauthorized reproduction of any part of SITC’s website is an infringement of copyright.
From time to time, SITC may host material from outside organisations. In these instances, SITC requests written permission for all external information we host.
The maximum liability of Siyakhanda International Trade Concepts (Pty) Ltd, its partners, directors, employees and agents (hereinafter collectively referred to as Siyakhanda International Trade Concepts (Pty) Ltd) (“SITC”) for all claims arising out of software / services provided in connection with any assignment (including but not limited to any engagement/contract) shall be limited to an amount equal to the total fees charged for all services provided in connection with that assignment. This maximum liability shall be an aggregate liability for all claims from whatever source and howsoever arising whether in contract, delict or otherwise.
Where SITC renders services to the client in terms of a specific letter of engagement/contract, the scope of that assignment shall be determined by that letter of engagement/contract. Where SITC renders services otherwise than in terms of a specific letter of engagement/contract, the service rating to each tax invoice issued by SITC shall be considered a separate assignment.
SITC will not be liable to the client or cessionary or third party claiming through or on behalf of the client for punitive damages whatsoever or for consequential or other loss or damages beyond the maximum liability specified.
Any assignment performed for the client is governed by South African law and any claims will be subject to the exclusive jurisdiction of the Courts of South Africa.
Any claims, howsoever arising, must be commenced formally by service of court summons or process initiating arbitration proceedings within six (6) months after the party bringing the claim becomes aware (or ought reasonably to have become aware) of the facts which give rise to the claim and, in any event regardless of the knowledge of the claimant, by no later than one (1) year after the date of alleged breach of contact, delictual act or omission giving rise to a cause of action. This expressly overrides any statutory provision which would otherwise apply.
Any advice given by SITC shall be on the basis of information supplied by the client. SITC shall not be liable to the client or any other party for any damages suffered as a result of failing to disclose any relevant information to SITC. The advice given by SITC is for the sole use of the client and no other party.
SITC will charge at its own discretion, interest at prime rates on any invoices or portion thereof, not paid within30 days of presentation. Any interest charged whether standard or penalty interest will be without any prejudice to any rights that SITC may have in law or otherwise.
It is hereby deemed that the client has accepted that any software and or services rendered by SITC shall at all times be subject to the standard conditions of Trade / Engagement as set out above.
1.1 The Parties shall each appoint a senior executive to serve as their respective representatives under this Agreement.
1.2 In the event of a dispute arising between the Parties, the representatives of each of the parties shall meet to resolve the dispute.
1.3 The representatives will be authorised and responsible for liaison and communication between the parties during the dispute and for resolving any disagreements regarding the interpretation or implementation of this Agreement.
1.4 Should the representatives referred to in 1.2 fail to reach agreement on any matter referred to them for resolution within a period of 7 (seven) days, the chief executive officers or their duly appointed nominee of each of the parties shall meet in an attempt to resolve the dispute within a further (fourteen) day period.
1.5 Only in the event that neither the representatives nor the chief executive officers are able to resolve the dispute, will the matter be referred to the arbitration as provided for in terms of clause 2 below.
Save as otherwise set out in this Agreement, all disputes arising out of or relating to this Agreement including disputes as to the meaning or interpretation of any provision of this Agreement or as to the carrying into effect of any such provision or as to the quantification or determination of any amount or thing required to be determined or quantified in terms of or pursuant to this Agreement, will be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa Limited (or its successors), as amended from time to time, by an arbitrator or arbitrators appointed by the Foundation.
Termination for Convenience.
Customer may terminate the Contractual Agreement / Proposal for convenience with 30 days’ advanced written notice. On the date of such termination, Customer will pay SITC an early termination fee of 100 % of the remainder of the Contract and full fees for all services, including Customization Services already performed.
Effects of Termination.
1.1 Upon termination of this Agreement or License Term,
1.1.1 Customer will cease all use of the Software and delete, destroy, or return all copies of the Software, including any Documentation, in its possession or control.
1.1.2. Termination shall not relieve the customer of the obligation to pay any fees or other amounts accrued or payable to SITC through the end of the current Term. The customer shall not receive a credit or refund for any fees or payments made prior to termination.
1.1.3. The customer will retrieve its Data or copies of its Data from SITC prior to the effective termination date. Upon termination of this Agreement, the customer acknowledge and agree that SITC will delete the customer’s Data. The customer’s Data, once deleted, is not able to be recovered.
1.2 The following will survive termination or expiration of this Agreement:
1.2.1. Any obligation of Customer to pay fees incurred before termination;
1.2.2. Articles and Sections: Restrictions on Software Rights, IP & Feedback, Warranty Disclaimers, and Limitation of Liability
1.2.3. Any other provision of this Agreement that must survive to fulfil its essential purpose.
Thank you for visiting the SITC website. SITC is an online portal that promotes South African exports. In support of this objective, the SITC website occasionally collects business or personal information from our users. We do not collect this type of information without the voluntary consent of the site visitor. The main purpose of this policy is to inform our visitors that you have rights that all business or personal information provided to SITC is on a voluntary basis, and that information provided will be protected as far as possible.
When you follow a link to another site, you are subject to the privacy policies of the new site.
The following methods may be used but SITC is not limited to these methods which may be adjusted from time to time:
- Standard machine identity details, as is normal and necessary when a user interacts with a website server
- Clickstream data on the nature of a user’s visit to the site, including server address, user’s upper domain category, date and time of the visit, the path taken to the SITC site, pages accessed, route taken through the site, searches performed, and documents downloaded.
- Does not collect any unnecessary information, nor distribute the information externally without the user’s knowledge or consent, nor collect any information without the user’s knowledge or consent.
- Attempts to store information as securely as possible and does not allow access to this information by external parties unless required by law.
Any information collected is used solely by authorised SITC staff for the purposes of:
- Analysing the effectiveness of the website to improve its usefulness and service;
- Processing electronic transactions
- Checking and registering of companies for SITC events and/or services; and/or
- Processing a request or feedback by a user.
Security, Intrusion, and Detection:
Unauthorised attempts to upload or change information, or otherwise cause damage to our website, are strictly prohibited and may result in legal action.