1. INTRODUCTION AND GENERAL RULES OF USE
1.1       This website is owned and operated by HIA Digital Network (Proprietary) Limited (hereinafter referred to as “HIA”, “we”, “us” or “our”), a private company registered in the Republic of South Africa under company registration number 2017/202646/07.

1.2       Please read the terms and conditions contained herein carefully. Any user should refrain from using, or continuing to use, this website unless he/she fully understands these terms and conditions and considers themselves bound to the provisions contained herein.

1.3       Your use of and access to this website is subject to all the terms and conditions as set out hereunder.

1.4       These terms and conditions are enforceable and binding upon the user, as read under the applicable provisions of the Electronic Communications and Transactions Act No. 25 of 2002.

1.5      These terms and conditions of use may be altered from time to time without any prior notice to the user. All users have the responsibility of checking them from time to time, as the users use of this website is subject to the terms and conditions applicable on the date of use. The current terms and conditions are applicable as at July 2018.

2. INTELLECTUAL PROPERTY RIGHTS

2.1       The entire content of this website (including all information, logos and other graphics) is protected by the Copyright Act No. 98 of 1978, the Trademarks Act No. 194 of 1993, as well as all applicable national and international copyright and trademark legislation. HIA is the lawful owner of the copyright in and to the content of the website and of the trademarks contained herein.

2.2       You are only permitted to view, print or store electronically a copy of any information on our website solely for your personal, lawful, non-commercial use.

2.3       Any unauthorised use, reproduction, modification and/or distribution of any of the material contained in this website are strictly prohibited and constitute an unlawful infringement of HIA’s rights, including but not limited to its intellectual property rights.

2.4       You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website without the explicit written consent from HIA.

2.5       All rights not expressly specified in these terms and conditions are strictly reserved.

2.6       The user shall have no rights to, and may not tamper or alter, HIA’s intellectual property rights or trademarks in any way whatsoever.

3. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

3.1       All reasonable steps are taken to ensure that all published information on our website is accurate and up to date. We do not, however, warrant that the content or information displayed is always accurate, correct, complete and/or current.

3.2       It shall be the user’s sole responsibility to determine the accuracy of any of the content contained herein.

3.3      All reasonable steps are taken to ensure that all published information on the website is accurate and up to date. HIA does not, however, warrant that the content or information displayed is always accurate, correct, complete and/or current.

3.4       It shall be the user’s sole responsibility to determine the accuracy of any of the content contained herein.

4. LINKS TO OTHER WEBSITES

4.1       Any links on the HIA website may take you outside of the HIA network and HIA accepts no responsibility for the content, accuracy or completeness of any third-party websites.

4.2       Any links will be provided for bona fide purposes and HIA cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply that HIA accepts or endorses any of the content displayed in such websites.

4.3       HIA makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials. As such, HIA accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or appropriateness of any information, material or other content contained in the website, nor warrants nor endorses any advertising of third parties carried on the website nor though the provision of links to that carried on other websites.

5. ADVERTISING AND SPONSORSHIP

5.1       Advertising and other promotional material of third parties may appear on our website from time to time. We do not necessarily endorse such third party/ies or any of such third party/ies products and/or the services which are offered.

5.2       Any advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on our website complies with all relevant laws and applicable regulations.

5.3      We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk.

5.4       We undertake to comply with the direct marketing provisions of the Consumer Protection Act No 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing, as provided for under the provisions of the CPA.

6. WARRANTIES AND DISCLAIMERS

6.1       HIA does not warrant that any technical aspects of the website or any HIA material will be free from error or that this website, HIA material or the server that makes it available are free of viruses or other harmful components.

6.2       Your use of this website is therefore exclusively at your sole risk.

6.3       Accordingly, we make no representations or warranties of any kind, whether express or implied.

7. LIABILITY AND INDEMNITY

7.1       We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever cause arising from the access or use of this website, or any HIA website.

7.2       You hereby indemnify HIA and its partners, affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on an attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the website, or from your breach of these terms and conditions, or from any such acts through your use of the website.

8. PROHIBITED ACTIVITY

8.1       You are prohibited from doing any act that HIA in its sole and reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website, including but not limited to:

8.1.1         Any act that would constitute a breach of these terms and conditions or any applicable law or regulation in force at the time in question;

8.1.2         Using this website to defame HIA, its employees or other individuals or acting in such a way that brings into disrepute the good reputation of HIA;

8.1.3         Uploading any material that may contain viruses that may cause damage to the property of HIA, or the property of any other third party.

9. PRIVACY POLICY

9.1       The terms referred to in this privacy policy shall have similar meanings as contained in the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (‘POPI’).

9.2       Any personal information or material sent to the HIA website shall be subject to this privacy policy. HIA will always deal with personal information in accordance with the requirements of PAIA and POPI.

9.3       Personal information which is submitted electronically by the user may be stored and used by HIA for only legitimate, lawful purposes and with your consent. Through your use of this website, you will be treated as having given HIA the permission to process and/or collect and/or store and/or use your personal information. If you are not in agreement with your personal information being processed and/or collected and/or stored and/or used, then do not access and/or make use of this website.

9.4       Personal information may be collected upon entering this website and upon registration on this website (if applicable) and upon the entering of any competitions, whether entered online or otherwise. All competitions will contain separate terms and conditions, which will be published on this website from time to time. It shall be the responsibility of the user to ensure that they read and fully understand the separate terms and conditions of any competition.

9.5      The personal information we process and/or collect and/or store and/or use enables us to carry out actions for the conclusion of and/or performance of any of HIA’s service offerings, to verify and update client and supplier details, to constantly improve our services to the public, to contact you regarding products or services which may be of interest to you, to personalise your website experience, to assist in detecting and preventing any unlawful or fraudulent activity and for marketing purposes to ensure that our products and services remain relevant. We may disclose personal information to our business partners who are involved in the delivery of products or services, and other third parties for the same purposes set out hereinabove. We ensure that our business partners and third parties handle personal information in line with this policy.

9.6       It is your responsibility to update the personal information provided by you to HIA, in the event that same has changed or needs to be updated. HIA cannot be held responsible for any obsolete and inaccurate personal information which you have provided. In the event that your personal information requires updating, please contact HIA on oatesviv@outlook.com.

9.7       Your privacy and the security and confidentiality of information you provide shall be of the utmost importance to us. Unless obliged to do so in terms of the law, we will not release, rent or sell personal information to any third parties, without your consent. We have implemented the necessary measures to prevent the unauthorised access and use of your personal information. We will continue to review and update our security processes in order to maintain the security of your personal information.

9.8       We treat all your information provided to us as strictly confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place, including those provisions contained in the CPA.

9.9       HIA will only use your personal information for the purposes set out herein.

9.10    If you no longer wish for HIA to process your personal information for the purposes identified above, you are entitled to withdraw your consent by reasonable notice. If you wish to withdraw your consent, please inform HIA on oatesviv@outlook.com and we will abide by the necessary measures as set out in POPI.

9.11    Any personal information collected by HIA will not be retained for longer than is necessary for the purpose for which it was collected. In the premises that your personal information is no longer being used for any of the purposes set out herein, HIA will take reasonable measures to secure the deletion/disposal or de-identification thereof. Section 51 of the Electronic Communications and Transactions Act No 25 of 2005 requires that personal information and the purpose for which it was collected must be kept by HIA for a period of 1 (one) year or for as long as the information is being used. HIA is also required to keep a record of any third party to whom the information was disclosed for a period of 1 (one) year or for as long as the information is used.

9.12    In the event that we wish to use your personal information for any other purpose other than the purposes provided for herein above, we will approach you in order to gain this consent. If your consent is not obtained, we will not use your information for any other purpose that defined herein.

9.13    HIA is obliged, upon request, to inform you if HIA holds personal information about you. HIA will, within reason, allow you access to the personal information it holds about you. If you wish to find out if HIA processes your personal information, please contact HIA on oatesviv@outlook.com. Please note that any such access may be subject to a legally permissible fee in terms of POPI.

10. NEWSLETTER SUBSCRIPTIONS

10.1    By submitting your personal details on any HIA newsletter subscription form you accept that you are giving permission to HIA to add your details to the HIA contact database. You are thereby giving HIA permission to contact you from time to time with relevant HIA content, which may contain marketing and promotional material.

10.2    By completing the subscription process you consent to the fact that you have opted in to the HIA database.

10.3    HIA will at all times deal with the database in accordance with the requirements of the POPI and PAIA. HIA confirms that your details will not be traded or exchanged at any time.

10.4    HIA will only use your details for communication from HIA and its partners and affiliates only, and HIA will take reasonable measures to keep your information secure and protected from unauthorised access, loss, misuse or wrongful alteration. In the unlikely event that the security of your information is compromised, HIA will notify you of such.

10.5    You may opt out of the HIA database at any time. All emails / correspondence sent from HIA will include an opt-out link in the footer of the mail in compliance with POPI requirements.

11. SYSTEM MALFUNCTION

HIA cannot guarantee continuous access to the website and / or to the services which it provides.

12. APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you may, to the extent permitted by law and in the sole discretion of HIA, referred to arbitration at any venue or town in South Africa, and to be determined by applying the rules of the Arbitration Foundation of South Africa.