User Disclaimer

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR RIGHTS AND OBLIGATIONS. 

YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU ARE UNCERTAIN ABOUT ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, PLEASE SEEK ADVICE FROM A PROFESSIONAL PERSON.

The use of this portal, associated websites and links is subject to the terms and conditions contained herein.

Applicability

By accessing or downloading the content from the portal, an agreement incorporating these terms and conditions between you and the National Empowerment Fund, its divisions and strategic alliances, will come into force at such time (‘the Agreement”).

The National Empowerment Fund may from time to time in its sole discretion modify this agreement and the continued use of this portal shall constitute acceptance of such modifications.

Definitions of users/parties 

National Empowerment Fund (NEF) - shall mean the National Empowerment Fund a public entity incorporated in South Africa, its business divisions and strategic alliances and having its business address at West Block, 187 Rivonia Road, Morningside, 2057 .

and the

User - means any person surfing,  visiting, accessing or downloading information from this portal.

Our goal is to-

• provide business tools in an endeavour to enhance entrepreneurship and its initiatives.

Liability and responsibility

Although it has applied its best efforts to ensure the accuracy, completeness and usefulness of the tools, the NEF:

• does not warrant or assume any liability or responsibility for the accuracy, completeness or usefulness of the tools. If errors are brought to our attention, we will try to correct them within reasonable parameters and time. Nothing provided herein should be used as a substitute for the advice of professional counsel.
• will not be liable for any damages or costs of any type arising out of the use of the portal.
• will not be liable to any other person using this portal, or any cessionary or third party claiming through or on behalf of any of these entities or persons, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs or expenses directly or indirectly incurred as a result of any of these entities or persons using this portal.

Use of content

The content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the content is either owned by the NEF or has been licensed to the NEF by the rightful owner (s).

• All copies of content remain the property either of the NEF or the rightful owner(s) from which content has been licensed. Every effort to obtain permission for and to acknowledge the use of copyright material has been made.  Should any infringements of copyright be brought to our attention, the NEF will endeavour to immediately rectify this situation.
• You may use the content for private and own business purposes.
• You may not infringe the intellectual property rights and instructions regarding use of the content.
• You may not or attempt to copy distribute, modify, reformat, display, license, transmit, sell perform, publish, transfer, reverse engineer or recompile  or otherwise make available, any or all of the content(except as set out in this agreement).
• Any attempt to use the content in an unauthorised way will be a breach of this agreement and we may suspend your use of the content and institute any applicable legal remedies.

Warranties and confidentiality

The NEF agrees that any confidential information furnished by the user shall not be duplicated, reproduced or disseminated or disclosed to any party whatsoever, except with the specific prior written authorisation of the user.  

The NEF will in its best effort make sure that:

• information uploaded on the portal is kept in a secure environment.
• all its service providers ascribe to a professional code of conduct as stipulated in its engagement agreements.

Indemnity

The user agrees to indemnify which indemnity includes any claim by a third party, the NEF, its business divisions and strategic alliances against all losses, costs, proceedings, damages, or liabilities whatsoever incurred as a result of references, use of the  content, .

Delivery of content

The user acknowledges that:

• access, performance and response times are subject to the user's internet service provider's performance and other operational factors beyond  the NEF's control, including, without limitation, congestion and network coverage.
• the NEF is not responsible for any failure to deliver content to the user if the computer is not switched on, configured correctly, or the network is not performing or delivering, or there is no network coverage.
• due to technical, commercial, public interest or operational reasons the NEF may withdraw or modify its content and offerings.

The NEF will in such events endeavour to inform its users accordingly, however it may not always be possible to  give users advance notice.

Privacy act

If the user is an individual or entity, he or she acknowledges that he or she is aware that:

• the NEF is collecting personal information about him or her;
• the information is being collected to enable the NEF, its divisions and strategic alliances to perform its obligations under this agreement and to market other product and services offered or sold by the NEF, its divisions and strategic alliances.
• the NEF will within reasonable limits store such information in a secure environment.
• the user has the right to access and correct such information at all times.

Password and security

The user is liable to protect his/her password at all times and cannot hold the NEF liable in the case of a lost password, or a password used by any third party due to the negligence of the user .

No assignment

The user shall not assign all or any right or obligations under this agreement to a third party without the prior written consent of the NEF.

South African Law

This portal and related websites and any agreement constituted between the parties using this portal and the NEF, its devisions and strategic alliances will be interpreted, governed and applied in all respects according to the law of the Republic of South Africa.

Nothing in this agreement affects the user's statutory rights as a consumer.

By continuing to use this portal the user indicates that he or she will be bound by the terms and conditions of this agreement.