Privacy Agreement

Privacy Policy

Last published on January 4, 2012

 

SAABC has created this privacy statement in order to demonstrate our strong commitment to privacy. SAABC.net  is deeply committed to respecting and protecting your right to privacy and takes your privacy seriously. We have very strict privacy policies and we strive to keep your personal and financial information secure. To that end, we have prepared this privacy policy to disclose and describe our information gathering and dissemination practices for this website.

Most of all, we value your privacy . We do not sell, rent, loan, or give your email address or other personal information to anybody and will never do so.

Collection of your Personal Information

You can visit most pages on our site without giving us any information about yourself. But sometimes we do need information to provide services that you request, and this privacy policy explains data collection and use in those situations. Please read the complete privacy policy below in conjunction with our Terms and Conditions.

This privacy policy covers our treatment of personally identifiable information that we collect when you are on our site, and when you use our services.

We pledge to hold all information you provide to us in absolute privacy.

We will NEVER sell or rent your name or personal information to any third party without your express permission.

We NEVER sell or rent our mailing list.

Only authorized employees may access your information.

All employees are required to adhere to our strict privacy policies and any employee who violates the privacy policy is subject to termination and other disciplinary measures, up to being criminally prosecuted for their violation.

Use of Your Personal Information

If you decide to become a subscriber or sponsor, you may be required to provide some additional information in order to fully utilize our platform. From time to time, subscribers may receive notification of new services, events, promotions, opportunities as well as changes to policies or price adjustments. You will also receive our newsletter. We will not send you any other emails which are not related to our activities, except for infrequent communications to resolve issues that may arise with your own SAABC profile or account. 

Our site uses cookies to save your username if you become a subscriber and decide to use the “Remember Me” option. This means you don’t have to re-enter these items each time you visit our site. You can always logout which will delete this cookie from your computer. 

We may track and store geolocation information related to your IP address. This information may be used to provide you with the most relevant material, as well as allow for more effective communications.

Additionally, we use session variables to aid in the development of various features on the site. These session variables disappear after 30 minutes or when the user exits a browser. Thus, this information is not stored for any reason other than as indicated. 

The user’s contact information is also used to send a newsletter if you are a subscriber. Special offers or promotions are sometimes sent to subscribers as well on behalf of third parties. But these third parties do not have access to your information since we alone send out the emails. However, all recipients of the newsletter may opt-out of receiving future newsletters or offers when so desired, and are given opportunity to opt-out of these emails at any time – at the bottom of each newsletter.

We may also use personal information in a manner that does not identify you specifically nor allow you to be contacted but does identify certain criteria about our users in general. For example, we may inform third parties about the number of registered users, number of unique visitors, and the pages most frequently browsed.

Aside from these uses of user information – and we have no knowledge of this information except at an anonymous level – we do not sell, nor plan to sell any user information to anyone.

Protection of Children’s Personal Information

SAABC.net  is a general audience site and does not knowingly collect any personal information from children. While our website may be viewed by children, we do not wish to receive data from children. SAABC.net  encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, the SAABC.net  web site by visitors under 18 years of age without the consent of their parent or guardian.

Links to Third Party Sites

This website contains links to other web sites that are not controlled by SAABC (“Third Party Sites”). Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. SAABC’s  Privacy Policy applies solely to information collected by this website.

Changes to this Privacy Policy

SAABC will occasionally update this privacy policy. When we do, we will also revise the “last updated” date at the top of the privacy policy. For material changes to this statement, SAABC will notify our users by placing prominent notice on the site.

Enforcement of this Privacy Policy and Contact Information

SAABC welcomes your comments regarding our privacy policy.

IF FOR ANY REASON YOU BELIEVE THAT YOUR PRIVACY HAS BEEN BREACHED THROUGH THE USE OF OUR SITE, YOU MAY CONTACT US IMMEDIATELY AT: SA.Tribe@saabc.net, AND WE WILL DO OUR BEST TO PROMPTLY DETERMINE AND CORRECT THE PROBLEM.

Subscribe to  SAABC Today … it’s FREE!

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User Agreement

Last published on January 4, 2012

 

NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.

[1]  INTRODUCTION.

  1. Purpose.

The mission of SAABC is to connect business professionals with a South African affiliation working within the global business community to enable them to be more productive and successful. To achieve our Mission, we make services available through our website, to help you, and thousands of other South African professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups

  1. Scope and Intent.

You agree that by subscribing to SAABC, or by using the our website,  you are entering into a legally binding agreement with SAABC, 6815 Biscayne Boulevard, Suite #103-270, Miami, FL 33138, USA.

If you are using SAABC on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. By becoming a Subscriber or Sponsor (collectively defined as a “User”) you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Once you have completed our Sign-Up form a User account (“Account”) will be created and your information will be stored under the “My Profile” tab found on our website.  You may edit your Profile at any time.  By creating an Account, you will be entitled to use our services (“Services). Our Services include but are not limited to job postings, service postings, event postings, products and promotions as well as participation in specialized Forums.  Please note that the SAABC User Agreement and Privacy Policy   are also collectively referred to as SAABC’s “Terms of Service.”      

[2]  YOUR OBLIGATIONS.

  1. Applicable laws and this Agreement

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

    1. Website Etiquette;
    2. Complaints Regarding Content Posted on the SAABC Website; and
    3. SAABC’s Privacy Policy.

 

  1. License and warranty for your submissions to SAABC.

You own the information you provide SAABC under this Agreement, and may request its deletion at any time.  Additionally, you grant SAABC a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to SAABC, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to SAABC, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your SAABC profile information accurate and updated.

  1. Service Eligibility.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the SAABC community, or not otherwise prohibited from being a SAABC User, (3) are not a competitor of SAABC or are not using the our Sevices for reasons that are in competition with SAABC; (4) will only maintain one SAABC profile at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of SAABC, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

  1. Sign-In Credentials.

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your Account; (3) refrain from using other Users’ Accounts; (4) refrain from selling, trading, or otherwise transferring your SAABC Account to another party; and (5) refrain from charging anyone for access to any portion of SAABC, or any information therein. Further, you are responsible for anything that happens through your Account until you close down your Account or prove that your Account security was compromised due to no fault of your own. To close your account, please email your request to us at: SA.Tribe@saabc.net

  1.            E.    Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through SAABC.

  1. Payment.

If you purchase any Services that we offer for a fee, either on a one-time or on an on-going basis, you agree to SAABC storing your payment card information. You also agree to pay the applicable fees for the Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

  1. Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

  1. Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, notice shall consist of an email from SAABC to an email address associated with your subscription, even if we have other contact information. You also agree that SAABC may communicate with you through your SAABC subscription or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your SAABC subscription or Services associated with SAABC. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

  1. User-to-User Communication and Sharing

SAABC offers various forums and blogs where you can post your observations and comments on designated topics. SAABC also enables sharing of information by allowing Users to post updates, including links to news articles and other information to their other forum members. Ideas you post and information you share may be seen and used by other Forum Members, and SAABC cannot guarantee that other Users will not use the ideas and information that you share on SAABC. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any SAABC forum or elsewhere on SAABC. SAABC IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY OF THE SAABC COMMUNITY FORUMS SUCH AS THE SAABC BLOG OR FORUMS.

  1. Privacy.

You should carefully read our full Privacy Policy before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to SAABC, or forums  you might choose to join,  are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

  1. Export Control.

Your use of SAABC Services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or Service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including Services or software.

.

[3]  YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of SAABC), and view information and use the Services that we provide on SAABC webpages and in accordance with this Agreement. Any other use of SAABC contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from SAABC commercially unless expressly authorized by SAABC) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SAABC and all related items.

[4] OUR RIGHTS AND OBLIGATIONS.

  1. Services Availability.

For as long as SAABC continues to offer the Services, SAABC shall provide and seek to update, improve and expand the Services. As a result, we allow you to access SAABC as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue SAABC, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. SAABC further reserves the right to withhold, remove and or discard any content available as part of your Account, with or without notice if deemed by SAABC to be contrary to this Agreement. For avoidance of doubt, SAABC has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

  1. Third Parties.

SAABC may include links to third party web sites (“Third Party Sites”) on www.SAABC.net and elsewhere. SAABC also enables Platform Developers to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by SAABC.

You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.

SAABC is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. SAABC also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.

For additional information regarding Platform Developers and Platform Applications, please refer to SAABC’s Privacy Policy.

  1. Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose your Account and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of SAABC, our Users or the public.

  1. Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Since some Forums are by invitation only, SAABC may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. SAABC reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if SAABC determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

[5]  DISCLAIMER.

DO NOT RELY ON SAABC, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SAABC AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SAABC OR ANYTHING RELATED TO SAABC, YOU MAY CLOSE YOUR SAABC ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SAABC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH SAABC TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

SAABC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SAABC DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

SAABC DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SAABC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SAABC DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SAABC SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

[6]  LIMITATION OF LIABILITY.

Neither SAABC nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“SAABC Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from SAABC. This limitation of liability shall:

  1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  2. Not apply to any damage that SAABC may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
  3. Not apply if you have entered into a separate agreement to purchase additional Services, such Forum membership with a separate Limitation of Liability provision that supersedes this section in relation to those Services.

 

[7]            TERMINATION.

  1. Mutual rights of termination.

You may terminate this Agreement, for any reson or no reason at all, at any time, with notice to SAABC. This notice will be effective upon SAABC processing your notice. SAABC may terminate the Agreement for any reason or no at all reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only SAABC or the party paying for the services may terminate your access to any of our Services. Termination of your SAABC Account includes disabling your access to SAABC and may also bar you from any future use of SAABC.

  1. Misuse of the Services.

SAABC may restrict, suspend or terminate the Account of any User who abuses or misuses the Services. Misuse of the Services includes, but is not limited to; abusing the SAABC messaging services; creating multiple or false profiles; using the Services commercially without SAABC’s authorization, infringing any intellectual property rights, or any other behavior that SAABC, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, SAABC has adopted a policy of terminating Accounts of Users who, in SAABC’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

  1. Effect of Termination.

Upon the termination of your SAABC account, you lose access to the Services. In addition, SAABC may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.A-B, and D (“Our Rights and Obligations”) hereof.

[8]             FLORIDA  LAW AND ARBITRATION.

  1. Choice of Law.

Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with SAABC arising out of or relating to the Agreement (“Disputes”) shall be governed by Florida law regardless of your country of origin or where you access SAABC, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

  1. Agreement to Arbitrate and Pay Attorneys’ Fees.

Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Miami, Florida, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.

  1. Exception from Arbitration Agreement

Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

[9]            GENERAL TERMS.

  1. Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

  1. Notices

In addition to Section 2.H. (“Notices and Service Messages”), we may notify you via postings on www.SAABC.net. You may contact us via email at:

SA.Tribe@SAABC.net

Or by mail at:

SAABC (South African Assoc. of Business Communities)
6815 Biscayne Boulevard, Miami Beach, FL 33141

  1. Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SAABC Services, third-party content or third party software.

  1. Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.SAABC.net  or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).

  1. No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any SAABC Affiliate shall be deemed legally binding on any SAABC Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of SAABC.

  1. No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

  1. Beneficiaries.

Entities other than SAABC that SAABC owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

  1. Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, SAABC for any third party that assumes our rights and obligations under this Agreement.

SAABC USER WEBSITE  ETIQUETTE

As a condition to access SAABC, you agree to this User Agreement and to strictly observe the following website etiquette:

  1. Do undertake the following:
    1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
    2. Provide accurate information to us and update it as necessary;
    3. Review and comply with our Privacy Policy;
    4. Review and comply with notices sent by SAABC concerning the Services; and
    5. Use the Services in a professional manner.

 

  1. Don’t undertake the following:
    1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to SAABC;
    2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on SAABC (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by SAABC;
    3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
    4. Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;
    5. Create a user profile for anyone other than a natural person;
    6. Utilize information, content or any data you view on and/or obtain from SAABC to provide any service that is competitive, in SAABC’s sole discretion, with SAABC;
    7. Imply or state, directly or indirectly, that you are affiliated with or endorsed by SAABC unless you have entered into a written agreement with SAABC;
    8. Adapt, modify or create derivative works based on SAABC or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under SAABC’s developer program;
    9. Rent, lease, loan, trade, sell/re-sell access to SAABC or any information therein, or the equivalent, in whole or part;
    10. Deep-link to the Site for any purpose, (i.e. including a link to a SAABC web page other than SAABC’s home page) unless expressly authorized in writing by SAABC;
    11. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
    12. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through SAABC-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
    13. Access, via automated or manual means or processes, SAABC for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
    14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of SAABC’s website;
    15. Attempt to or actually access SAABC by any means other than through the interfaces provided by SAABC;
    16. Attempt to or actually override any security component included in or underlying SAABC;
    17. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or SAABC personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
    18. Remove any copyright, trademark or other proprietary rights notices contained in or on SAABC, including those of both SAABC and any of its licensors;
    19. Remove, cover or otherwise obscure any form of advertisement included on SAABC;
    20. Harass, abuse or harm another person, including sending unwelcomed communications to others using SAABC;
    21. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from SAABC except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
    22. Share information of non-Users without their express consent;
    23. Interfere with or disrupt SAABC, including but not limited to any servers or networks connected to SAABC;
    24. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;
    25. Use or attempt to use another’s account without authorization from the Company, or create a false identity on SAABC;
    26. Infringe or use SAABC’s brand, logos and/or trademarks, including, without limitation, using the word “SAABC”  or “South African Association of Business Communities” in any business name, email, or URL or including SAABC’s trademarks and logos except as expressly permitted by SAABC;
    27. Upload, post, email, transmit or otherwise make available or initiate any content that:
      1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
      2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
      3. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by SAABC);
      4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
      6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using SAABC invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using SAABC to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or forum aliases;
      7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of SAABC or any User of SAABC;
      8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
    28. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

COMPLAINTS REGARDING CONTENT POSTED ON THE SAABC WEBSITE.

We built SAABC to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, all Users are asked to promptly report any concern regarding  content posted by our Users to the following email address:  SA.Tribe@saabc.net.

Furthermore, SAABC is not the author or publisher of any postings made by Subscribers. Our platform is a passive service for storage and dissemination of services, jobs, events, promotions, amongst others that our Subscribers choose to post and distribute via our platform.  SAABC does not screen such postings before they are posted, and no prior approval (unless specifically stated0 is required for posting.  SAABC disclaims all copyright and ownership in such postings and all responsibility for them.

 

PROVISIONS APPLICABLE TO USERS REGISTERING FROM THE UNITED KINGDOM.

The following provisions apply and in the event of a conflict prevail over the above stated clauses if you are using the Services as a consumer resident in the United Kingdom:

  1. Disclaimer

DO NOT RELY ON SAABC, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR SAABC AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

SAABC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SAABC TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

SAABC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SAABC DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

SAABC DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SAABC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SAABC DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SAABC SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

  1. Liability

SAABC does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.

  1. Decompilation.

In case you download certain software provided by SAABC, you are only entitled to decompile the Software to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from SAABC or elsewhere.

  1. Right to Cancel.

You hereby acknowledge that we shall immediately commence the provision of the Services upon creation of your User Account. In such circumstances, and because you consent to the commencement of the Services at this time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. However, you may terminate this Agreement at any time in accordance with Section 7.

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