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Terms and Conditions of Use

1. Access to certain pages of and information contained on this Web site may be restricted to Subscribers.
   
   Use of this Web site is strictly at the sole risk of the User.
   
   
2. Any and all illegal, unlawful or fraudulent conduct, including Click Fraud, directed towards this Web site or any of the services offered through it is strictly prohibited.

5. The Web site owner expressly reserves the right in its sole discretion to effect any amendment or alteration to the content and information, including pricing and rates, set out in this Web site.
   
   
6. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

7. Please submit any query in respect of these Terms & Conditions or the use of this Web site to us in any of the following ways:
   
   Web site owner: Bardo Consulting Services CC
   Registered Number: 2000/033508/23
   VAT Number: 4750236442
   Members: Robert Stoneham Andrew Bardo
   Tel. + 27 21 556 9612
   Fax. + 27 (0) 86 530 4653
   E-mail: rsa@bardo.co.za
   Web site: www.bardo.co.za
   
   Registered Address and Domicilium Citandi et Executandi
   25 Riverine Close
   Parklands
   7411
   South Africa
   
   Postal Address
   PO Box 37075
   Chempet
   7441, Cape Town
   South Africa

8. Users should regard nothing contained in this Web site as an offer but rather as an invitation to do business.

9. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE Web site owner MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE Web site OR THE INFORMATION CONTAINED IN IT.
   
   Subject to Chapter 7 of the ECT Act, the Web site owner, its officers, employees, suppliers, Internet Service Providers, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this Web site.
   
   Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the Web site owner disclaims all responsibility or liability for any damages, including but not limited to, direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use (including but not limited to non-receipt of services) this Web site in any manner.
   
   
10. The Web site owner has no control over third party content and features which can be accessed through the use of this Web site and does not examine or edit such content and features or act as an agent for third parties accessible through this Web site. As such and to the fullest possible extent permissible under law the Web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party Web sites, contents and features.

13. USERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEYS FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE USERS USE OF THIS Web site, THIRD PARTY Web siteS OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.

14. The Web site owner expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this Web site without notice. Accordingly, any information, including journalistic articles, in this Web site is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision or taking any action, which might affect your personal finances or business, you should consult a qualified professional advisor.

15. This Web site does not accept online payments. Should you wish to subscribe to a service please fill in the relevant online form whereafter you will be contacted by a representative of the Web site owner in order to verify the subscription and finalise invoicing and payment arrangements. No contract is entered into between a user and the Web site owner merely through the submission of an online form or until such time as verification has been undertaken and payment arrangements have been agreed upon.
    
    Under section 42(1)(h) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction for the sale of newspapers, periodicals, magazines and books.
    
    Under sections 43(1) and (2) of the ECT Act the Web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the Web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.
    
    Where a transaction has been so cancelled then:
    
    
    1. The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
       
    2. The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.
    
    Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
    
    Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).
    
    
16. The Web site owner is registered for VAT and prices reflected on this Web site are inclusive of VAT.

22. The Web site owner offers a comprehensive range of information subscription services to individuals, groups and organisations, including e-mail subscriptions to various services.
    
    The provision of such service is contingent upon full payment or such services being received by the Web site owner. The subscriber agrees and undertakes to pay the stated subscription fees in full immediately upon receipt of the relevant invoice from the Web site owner.
    
    The free one-month trial subscription offered by the Web site has been made available as a once-off opportunity to allow a user, group or organisation the opportunity to assess the desirability of the services offered. Under no circumstances may a user, group or business abuse the trial in any way, including but not limited to:
    
    
    1. A user using a variety of e-mail addresses in order to take advantage of the trial period more than once;
       
    2. A business using different e-mail addresses owned by that business in order to take advantage of the trial period more than once.
    
    When making application to become a subscriber, users agree that:
    
    
    1. they will be irrevocably bound by the terms and conditions applicable to the use of this Web site
       they will provide full and accurate information
       it is the user's responsibility to check and update information pertaining to their user account
       registration is for a single user and a subscriber's username and password cannot be shared with any other person
       
    2. a single username and password cannot be used to allow multiple access to other users over a network.
    
    All quotations provided by Bardo Consulting Services CC – whether manually created or created by the automatic quotation system – are provided subject to the correct information being provided by the User to Bardo Consulting Services CC. If Bardo Consulting Services CC discovers, after the quotation was accepted by the User (and thus an agreement was created), that false information was provided by the User, the User hereby agrees that Bardo Consulting Services CC will be entitled to unilaterally amend the agreement to correctly reflect the cost of the subscription and it will also be entitled to recover all and any monies that would have been due to Bardo Consulting Services CC had the User provided the correct information in the first instance.
    
    Every effort is made by Bardo Consulting Services cc to provide accurate pricing via the automated quotation system. However, should the automated system provide an incorrect quotation, Bardo Consulting Services cc reserves the right to cancel the quotation and provide the user with a corrected version.
    
    Subscribers and users further undertake not to:
    
    
    1. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications
       modify, access or make available any data stored on a computer device which has been accessed through the Web site owner's network
       make available or upload files that contain software or any other material not owned or licensed to the subscriber
       
    2. make use of the Web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers.
    
    The Web site owner expressly reserves it rights in respect of any abuse of the free or paid-for subscription services offered through this Web site and will pursue prosecution of and compensation from any party which receives any service to which he, she or it is not entitled or attempts to do so.
    
    
23. The granting of a subscription, whether free or paid-for, is entirely within the discretion of the Web site owner and may, without limiting such discretion, be refused where the Web site owner reasonably suspects abuse or where the provisions of these Terms and Conditions of Use are breached.

31. Data messages, including e-mail messages, sent by users to the Web site owner shall be deemed to be received only when acknowledged or responded to.
    
    A data messages sent by the Web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    
    The Web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
    
    
32. Users should be aware that filtering technology employed by ISPs, employers and others may result in the non-delivery of a service subscribed to. Bardo Consulting Services cc takes reasonable efforts to ensure that subscription services are not stopped by filtering technology and will make reasonable attempts to remedy non-delivery where it is notified thereof. If you have not received a subscription service please notify us.

35. In order to provide a relevant and secure service, and where required to do so under law, the Web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this Web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

36. Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.
    
    The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the Web site owner.
    
    
37. Any unsolicited information or material sent to the Web site owner will be deemed to not be confidential, unless otherwise agreed to in writing by the Web site owner.

39. This Web site offers a service through which users may submit links to their Web sites, employment opportunities and events. Further functionality in this regard may be added from time to time.
    
    The Web site owner reserves the right, in its sole and absolute discretion, to approve or refuse any submission and submissions will only be posted online once approved.
    
    
40. The Web site owner further reserves the right, in its sole and absolute discretion, to remove any submissions on such grounds as it may deem fit.

42. If the Web site owner receives a valid notice of objection relating to any content that is posted on this Web site then the Web site owner, subject to the provisions of this clause, will remove the content as contained on the Web site.
    
    A valid notice of objection must be emailed or faxed to the Web site owner and include:
    
    
    1. full names and address,
       written or electronic signature,
       identification of the right that has been infringed,
       identification of the material or activity that infringes this right,
       the remedial action needed,
       the telephonic and electronic contact details,
       a statement that the complainant is acting in good faith, and
       
    2. a statement that the information is true and correct.
    
    If the notice of objection does comply with clause 17 then the Web site owner will remove the content and inform the complainant and, if necessary, the third party that posted that material immediately.
    
    
43. The Web site owner expressly disclaims any liability which may arise as a result of the removal of content pursuant to the receipt of a valid notice of objection.

46. While we take all reasonable security precautions and subject to the provisions of Chapter 7 of the ECT Act, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.
    
    The following acts in connection with this Web site are expressly prohibited:
    
    
    1. Gaining or attempting to gain unauthorised access to any web page or part of this Web site;
       Delivering or attempting to deliver any unauthorised or malicious code or content to this Web site; and/or
       
    2. Any amendment to or attempt to amend any of the content or any other part of this Web site by unauthorised persons.
    
    
47. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Web site or attempts to gain unauthorized access to any page on or part of this Web site.

49. Copyright in all information, logos, images, source codes and other original material contained in this Web site, which is not attributed to a third party, is held by or licensed to the Web site owner. The Web site owner asserts and reserves all its rights, including moral rights, in this regard. No right, title or interest in any proprietary material or information contained in this Web site is granted to users other than set out above.
    
    The Web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to view, copy, download to a local drive, print and display all content and information on any machine of which the user is the primary user provided that such use:
    
    
    1. Is for information purposes only;
       Is for non-commercial purposes or within a non-commercial Web site;
       
    2. Any reproduction must acknowledge this Web site as the source of the information in a proper copyright notice.
    
    Users are required to inform the Web site owner of any non-commercial use by e-mailing rsa@bardo.co.za
    
    Users wishing to utilise content for their own commercial purposes may doing so only with the prior written permission of the Web site owner. Requests for commercial use may be submitted by e-mailing rsa@bardo.co.za The granting or refusing of permission is completely within the discretion of the Web site owner, and may be conditional.
    
    
50. Users are requested to note that intellectual property rights in certain material and/or information contained on this Web site may vest in a third party other than the Web site owner and that the user is under a legal duty to respect such rights.

54. Bardo Consulting Services cc respects your privacy and is committed to the voluntary privacy protection principles contained in Chapter 8 of the Electronic Communications and Transactions Act.
    
    The User's attention is drawn to the fact that information transmitted via the Internet, including e-mail, is susceptible to monitoring and interception. The User is therefore discouraged from transmitting to the Web site or Web site owner any information that may be confidential, proprietary, or sensitive. The User shall bear all risk of transmitting such information in this manner and under no circumstances will the Web site owner be liable for any loss, harm, or damage suffered by the User as a result thereof.
    
    The Web site owner reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should the Web site owner deem it necessary.
    
    Any unsolicited information or material sent to the Web site or Web site owner will be deemed not to be confidential, unless otherwise agreed in writing by the Web site owner.
    
    Where personal information (such as your name, address, telephone number, e-mail address and credit card information) is submitted to the site by the user, for example through sending an e-mail or filling in required fields, the following principles are observed in the handling of that information:
    
    
    1. This Web site collects, processes and stores only such personal information regarding users as is necessary to provide the services offered. The specific purpose for which information is collected is apparent from the context in which it is requested.
       This Web site will not use the personal information submitted for any other purpose other than the efficient provision of services, including this Web site and services offered through it by third parties, without obtaining the prior written approval of the user or unless required to do so by law. The names and e-mail addresses of subscribers and persons taking advantage of the trial offer are retained for verification purposes.
       This Web site will keep records of all personal information collected and the specific purpose for which it was collected for a period of at least one year from the date on which it was last used.
       Subject to 58(2). above, this Web site will not disclose any personal information regarding a user to any third party unless the prior written agreement of the user is obtained or the Web site is required or permitted to do so by law.
       If information is released with the user's consent this Web site will retain a record of the information released, the third party to which it was released, the reason for the release and the date of release, for a period of one year.
       
    2. This Web site will destroy or delete any personal information under its control, which has become obsolete.
    
    Information collected about users through their use of this Web site and newsletter service is the property of the Web site owner. The Web site owner will retain all ownership of and copyright in any database of users' personal information submitted to or collected by this Web site or any service offered through it.
    
    The Web site owner will not utilise personal and other information submitted by users through the use of this Web site in order to provide further information about the Web site and related services unless users have expressly given prior permission.
    
    In the event of the sale of the Web site owner or this Web site or associated services and sites, the Web site owner will stipulate that the sale be subject to the condition that the purchaser observes the provisions of this privacy policy in the handling of personal information.
    
    No credit card information is retained or stored by the Web site owner.
    
    Note that, as permitted by the ECT Act, this Web site may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
    
    In order to provide the best possible and most relevant service, this Web site utilises cookies. A cookie is a small file that is placed on the user's hard drive in order to keep a record of a user's interaction with this Web site and facilitate user convenience.
    
    
    1. Cookies from this Web site allow the Web site owner to tailor advertising and other services to your displayed preferences. The Web site may use third party cookies from an adserver for this purpose.
       Cookies by themselves will not be used to personally identify users but will be used to compile anonymous statistics relating to use of services offered or to provide us with feedback on the performance of this Web site.
       
    2. The following classes of information will be collected in respect of users who have enabled cookies:
       
       
       1. The browser used;
          IP address;
          Date and time of activities while visiting the Web site;
          URLs of internal pages visited; and,
          
       2. Referrers.
    
    If a user does not wish cookies to be employed to customize his or her interaction with this Web site it is possible to alter the manner in which their browser handles cookies. Please note that, if this is done, certain services on this Web site may not be available.
    
    Users may obtain a record of the personal information relating to them held by the Web site owner by e-mailing rsa@bardo.co.za
    
    Where a user believes that personal data concerning them held by the Web site owner is outdated or incorrect they may request that such personal data be corrected by e-mailingrsa@bardo.co.za Any request for such a correction must specify both the incorrect data and the proposed correction and must give full reasons for the request.
    
    You may request that Bardo Consulting Services cc cease sending you any information or request that your personal information be removed from our database at any time by e-mailing rsa@bardo.co.za
    
    We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.
    
    While reasonable measures are taken to ensure the security and integrity of information submitted to or collected by this site, this Web site can not under any circumstances be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by the Web site owner, an employee of the Web site owner or any third party.
    
    
55. We regard the safety and privacy of children using this Web site extremely seriously but it remains the ultimate responsibility of the parents and other care-givers of children to ensure that they are not exposed to inappropriate content or behaviour.

72. This Web site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Web site complies with all applicable laws and regulations.
    
    
73. The Web site owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

74. Automated transactions and searches are subject to these terms and conditions.
    
    The use of malicious search technology is prohibited.
    
    The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
    
    
75. Search technology which does not unduly retard the operation of this Web site is acceptable but the Web site owner reserves the right to prohibit any specific entity from employing search technology on the Web site.

78. Persons, business and Web sites are free to link to this Web site. Please notify us of any link created by e-mailing details of the link and the page to which it points to rsa@bardo.co.za
    
    Permission to link to this Web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Web site at any time and for any reason.
    
    Use of the sites or pages linked to is accordingly exclusively at the risk of the user.
    
    The express permission in writing of the Web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted by e-mailing rsa@bardo.co.za
    
    While the use of web crawlers and search software is permitted on this site, the Web site owner reserves the right to restrict the use of web crawlers in whole or in part as it sees fit. You may not save the whole or any part of the source code of the Web site nor may a person use any technology or application that extracts the source code of the Web site and saves this information.
    
    
79. The user of electronic agents to harvest personal information from the Web site owner is strictly prohibited.

84. The Web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this Web site and/or to terminate the access rights of any user where, for example and without limitation:
    
    
    1. The Web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;
       The Web site owner regards the action or inaction of a user to constitute abuse of the services offered through this Web site.
       
    2. Events beyond the reasonable control of the Web site owner, including technical failures, prevent the continuing provision of the Web site.

85. Subject to the dispute resolution provisions below, the user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
    
    This Web site is owned, hosted and maintained within the Republic of South Africa.
    
    When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Cape Town, South Africa.
    
    
86. Users of this Web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

89. By accessing this Web site you acknowledge and agree that in the event of any dispute or purported dispute arising out of use or inability to use this Web site, or claim in respect of any service or product offered through the BARDO Web site, or on any matter provided for in, or arising out of this agreement, then that dispute shall be submitted to The Arbitration Forum and decided by mediation or arbitration, in accordance with The Arbitration Forum’s Mediation and Arbitration rules.
    
    
90. Any dispute will be resolved in Cape Town, South Africa, in English, in accordance with the law of South Africa.

91. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.
    
    
92. We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.

93. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.
    
    Any failure by the Web site owner to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
    
    In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.
    
    These Terms of Use contain the record of the entire agreement between the user and the Web site owner.
    
    
94. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.