Any person accessing this website (user) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, he/she may not access, display, use or download and/or otherwise copy or distribute content obtained at this website.

1. Use and copyright

1.1. Use of this website and any services, content or applications contained therein or offered thereon is at the sole risk of the user.

1.2. Users may view, copy, download to a local drive, print and distribute the content of this website, or any part thereof for non-commercial, informational or reference purposes only.

1.2.1. Users may not cede, sublicense 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.

1.3 Users who wish to use content from this site for commercial purposes may only do so by obtaining prior written permission from the Webmaster at telephone number +27 12 841 1054 or email info@geoscience.org.za.

1.3.1. Any reproduction and/or copy of the content or portion of content of this website for commercial purposes must include the following copyright notice in its entirety.

“© 2011 Council for Geoscience, Republic of South Africa. All rights reserved.”

1.4 All moral rights and any other rights of the Council for Geoscience or other legal entity in respect of which content is contained on this site not expressly granted are reserved.

2. Disclaimers and indemnities

2.1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

2.2. It is the sole responsibility of the user to satisfy him/herself prior to accessing this website that the website will meet his/her individual requirements and be compatible with the user’s hardware and/or software.

2.3. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE COUNCIL FOR GEOSCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE PRODUCTS, SERVICES OR INFORMATION CONTAINED IN IT.

2.4. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Council for Geoscience or any legal entity in respect of which information, ideas and opinions are expressed on this website.

2.4.1. Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

2.5. The use of the content of this website is at the user’s own risk.

2.5.1. The user assumes full responsibility and risk of loss resulting from the use of the content of this site.

2.5.2. THE COUNCIL FOR GEOSCIENCE OR ANY OF THE LEGAL ENTITIES IN RESPECT OF WHICH INFORMATION IS CONTAINED ON THIS SITE, OR EMPLOYEES OF THE COUNCIL FOR GEOSCIENCE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, DELICT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO THE USE OF THIS DOCUMENT OR INFORMATION.

2.5.3. SUBJECT TO SECTIONS 43(5) AND 43(6) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT (NO. 25 OF 2002) AND TO THE FULLEST EXTENT POSSIBLE UNDER LAW, THE COUNCIL FOR GEOSCIENCE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE, OR REASONABLE RELIANCE UPON THIS WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THIS WEBSITE.

2.6. Users agree to indemnify and hold harmless the Council for Geoscience, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of or inability to use this website, third party websites or any of the services offered through such sites in any way including, but not limited to, the provision of content.

2.7. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

3. Receipt and sending of data messages

3.1. Data messages, including e-mail messages, sent by users to the website owner will be deemed to have been received only when acknowledged or responded to in writing.

3.2. Data messages sent by the website owner to users will be regarded as having been 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.

3.3. If a user does not receive a response within a reasonable period of time, the user should follow up with the Council for Geoscience and the Department of Mineral Resources and Energy, as appropriate. The Council for Geoscience will not be liable for any failure to respond.

4. Security

4.1. The Council for Geoscience has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction.

4.2. All reasonable steps will be taken to secure users’ information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of the Council for Geoscience or public bodies that may receive such information from the Council for Geoscience.

4.3. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website.

4.3.1. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person and, if the Council for Geoscience or any public body should suffer any damage or loss, civil damages will be claimed.

5. Monitoring and interception of data messages

5.1. In order to provide a relevant and secure service and, where required to do so under law, the Council for Geoscience may monitor and/or intercept electronic communications, such as e-mail, which are sent to and from this website.

5.2. TO THE FULL EXTENT NECESSARY UNDER LAW, THE USER HEREBY ACKNOWLEDGES THAT HE/SHE IS AWARE OF SUCH POTENTIAL MONITORING AND/OR INTERCEPTION AND CONSENTS THERETO.

6. Confidentiality of data messages

6.1. The Council for Geoscience prefers not to receive confidential or proprietary information from users through this website.

6.2. Please note that any information or material sent to the Council for Geoscience will be deemed NOT to be confidential.

6.3. By sending the Council for Geoscience any information or material, users grant the Council for Geoscience an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that material or information, and also agree that the Council for Geoscience is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.

6.3.1. The Council for Geoscience will not release a user’s name or otherwise publicise the fact that materials or other information has been submitted to it unless:

6.3.1.2. The user has first been notified that the material or other information submitted to a particular part of this site will be published or otherwise used in a manner that reflects the user’s name; or

7. Links to third party or external sites

7.2. Linked websites or pages are not subject to the control of the Council for Geoscience.

8.1. All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, programme, publication, product, process, or idea described on this website may be subject to other rights, including other intellectual property rights, which are the property of or licensed to the Council for Geoscience, or a legal entity and, as such, are protected from infringement by South African legislation and international treaties and conventions.

8.2. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved. By accessing data on this website the user is not licensed or authorised in respect of such data.

8.3. Third party websites are welcome to link to the information that is hosted in these pages. Please notify us when establishing a link by sending an e-mail to info@geoscience.org.za.

8.4. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of the Council for Geoscience.

9.1. Automated transactions and searches are subject to the present terms and conditions.

9.2. The use of malicious search technology is prohibited.

9.3. The use of search technology in an unlawful manner or for the collection or harvesting of data for commercial gain is prohibited.

9.4. Search technology which does not unduly retard the operation of this website is acceptable but the website owner reserves the right to prohibit any specific entity from employing search technology on the website.

10. Applicable law

10.1. 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.

10.2. This website is owned, hosted and maintained within the Republic of South Africa.

10.3. When using this site and agreeing to the present terms and conditions, such use and agreement will be deemed to have taken place in Pretoria, South Africa.

11.1. 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 affect the application or enforceability of the remainder of this agreement.

11.2. These terms and conditions of use contain the record of the entire agreement between the user and the website owner.

11.3. Failure to enforce any provision of these terms and conditions will not be deemed a waiver of such provision nor of the right to enforce such provision.

12. Amendments to content and information

12.2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration effected.

13. Updates to and maintenance of these terms and conditions of use

13.1. The Council for Geoscience reserves the right to change, modify, add to or remove portions or the entirety of these terms and conditions of use from time to time.

13.2. Changes to these terms and conditions of use will take effect upon their posting to this website.

13.3. Users have the obligation to periodically check these terms and conditions of use at this website for changes or updates.

13.4. Users’ continued use of this website following the posting of changes or updates will be considered notice of their acceptance to abide by and be bound by these terms and conditions of use, including changes or updates made to the terms and conditions.

14. eCommerce

14.1. From time to time, the Council for Geoscience offers products and services for sale on this site. Users may only use this site to browse the content of such products and services, make legitimate purchases and may not use this site for any other procurement purposes, including, without being limited to, making any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. “Deep-linking”, “embedding” or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the material contained on this site may violate applicable copyright, trademark, intellectual property law or other laws.

14.2. All prices are subject to change without notice and subject to exchange rate fluctuations. All recorded transactions are subject to the principle of errors and omissions excepted.

14.3. Delivery lead time depends on stock availability. Should the Council for Geoscience have stock available, orders will be dispatched the same day, subject to operational circumstances and provided payment reflects in the Council for Geoscience’s bank account. Out-of-stock products will be dispatched to the purchaser upon replenishment. The Council for Geoscience reserves the right to cancel an order should the product no longer be available for whatsoever reason.

14.4. Purchases via this website result in legal obligations and users’ right to a refund of monies paid in any way agreed by the Council for Geoscience are limited by the present terms and conditions. Users must not make any purchase through this site unless they understand and agree to all terms and conditions. Once payment is made for a purchase, the user will be deemed to have read and understood the terms and conditions for such purchase.

14.5. The price of shipping on checkout applies to deliveries within the Republic of South Africa. The Council for Geoscience reserves the right to charge appropriate shipping fees depending on the destination. Users must ensure that they have provided the correct shipping address from the outset as title and risk will pass to them once the order has left Council for Geoscience premises. Occasionally packages are returned to the Council for Geoscience as undeliverable. Should this occur every attempt will be made to contact the user(s) to make arrangements for re-shipment.

14.6. Order processing will not begin until a confirmed order has been received and full payment reflects in the bank account of the Council for Geoscience. The Council for Geoscience warrants all products to be free of defects at the time of shipping. Prior to returning faulty products users agree to contact us first, so that we can provide them with the necessary details to effect the return. In the unlikely event that a product should become faulty during the warranty period, the product may be returned in order to effect repair or replacement. The Council for Geoscience will, at its sole discretion determine whether the repair or replacement can be honoured under the terms of the warranty, with its decision being final and no correspondence in this regard will be entered into.

14.7. In accordance with the Consumer Protection Act (no. 68 of 2008), consumers have the right to cancel a transaction made as a result of the advertised products on this website without reason or penalty. The notice of their wish to cancel must be made in writing, and within 5 (five) working days of the transaction having been concluded. Once the notice to cancel has been received, the Council for Geoscience will refund the price of the purchase, less any associated costs (postage. fee levies or similar), to the consumer(s) within 15 (fifteen) working days of the receipt of that notice of cancellation. Unwanted goods may be returned for a refund within 5 (five) days of receipt of the goods. All returned goods must be returned in their original packaging, along with all the original contents. All unwanted goods are subject to a 25% restocking fee. Delivery fees will not be refunded and the cost of returning the goods will be for the consumers’ account.

14.8. Payment can be made by electronic / internet banking transfer (EFT), direct bank deposit or credit card. The Council for Geoscience endeavours to offer the public competitive prices on current products in terms of the total order price including the price of the goods plus any applicable taxes, shipping charges (on the day of shipping) and other statutory levies, as necessary. Should the shipping charges increase between the time a user has confirmed the order and the day the goods are to be shipped, the user will be required to make payment for the difference prior to the goods being shipped.

14.9. Once a user has added enough items to the shopping cart, he/she should proceed to “Checkout” where the order is confirmed. For electronic / internet banking transfer (EFT) and direct bank deposits, the he/she will receive an e-mail confirmation of the order providing the bank account details of the Council for Geoscience. The order will only be shipped once the funds reflect in the bank account of the Council for Geoscience, as detailed below. The order number, as indicated in the emailed confirmation, is used as a reference for the transaction.

BANKING DETAILS:

Bank: Nedbank Limited

Account name: Council for Geoscience

Branch and code: Silverton, Pretoria – 164445

Account no.: 1644 294 486

Account type: Current

15. Website owner details

15.1. The full name and legal status of the website owner is:

The Council for Geoscience, a statutory entity established by Act of Parliament of the Government of the Republic of South Africa Number 100 of 1993 and as represented by its Chief Executive Officer, and a portfolio organisation of the Department of Mineral Resources and Energy of the Republic of South Africa, as represented by the Minister of Mineral Resources and Energy.

15.2. The website address of the present website is: http://www.geoscience.org.za.

15.3. Postal address: Private Bag X112, PRETORIA, Gauteng, Republic of South Africa, 0001

15.5. Telephone contact number: +27 12 841 1911

15.6. e-mail contact: webmaster@geoscience.org.za

Date of last review: 31 May 2011