Legal - PAIA, Website terms and conditions of use, Email disclaimer

Website Terms of Use


Website Terms of Use of Indawo Cape (Pty) Ltd

(Registration Number: 1967/003120/07)

Terms for website use.

  1. Terms of Use for this Website.

THE RELATIONSHIP BETWEEN YOURSELF (“the User”) AND INDAWO (“the Provider”) WITH RESPECT TO THE DOMAIN WWW.INDAWO.BIZ AND THE BLOG, AND SOCIAL MEDIA (COLLECTIVELY KNOWN AS “THE WEBSITE”) IS REGULATED BY THESE TERMS OF USE AND THE PRIVACY POLICY (“the Terms”). THE TERMS BECOME A BINDING CONTRACT, AND COME INTO EFFECT AS SOON AS THE USER HAS ACCESS TO THE WEBSITE. IF THE USER SO REFUSES TO ACCEPT THE WEBSITE TERMS OF USE THE ONLY OPTION FOR SUCH A USER IS TO DESIST FROM UTILISING THIS WEBSITE, WHICH INCLUDES A PROHIBITION OF THE FOLLOWING, INCLUDING BUT NOT LIMITED TO, THE DISPLAY, USE, DOWNLOADS, INCLUDING COPYING AND DISTRIBUTING ANY CONTENT OF THE WEBSITE. 2. REVISED VERSIONS OF THE TERMS The Provider may amend, alter, add or omit any provisions of the Terms without the consent of the User. The Terms are consequently operational as soon as the same have been uploaded or posted on the Website. 3. Details of Services 3.1 The User agrees that the Website will solely be used for the following purposes: 3.1.1 for the User to surf or browse for more information pertained to the Services that the Provider offers, which includes but is not limited to, painting, waterproofing, construction, structural repairs and spalling, asbestos handling, roofing, flooring, redecoration and rope access (“the Services”). 3.1.2 for the User to submit contact details for Career opportunities at the Provider Company, Indawo Cape (Pty) Ltd. 3.1.3 for the User to submit his or her contact details for enquiries related to the Services the Provider so offers, as well as the obtainment of a quotation from the Provider related to such Services. 4. Copyright and Intellectual Property 4.1 The Website and its contents are subject to Copyright ©. This. Includes, however not limited to software, graphics, images, video, and sounds, music the arrangements thereof, designs, enhancements and original designs associated therewith. 4.2 The User is expressly prohibited from copying the Website and the aforegoing contents (as mentioned in clause 4.1) thereof including any composite parts. The User expressly agrees that it will not, modify, recreate, publish, transmit, sell and exploit such contents for commercial gain or otherwise. No further distribution, copying, retransmission, publication or exploitation of a commercial nature of downloaded material is permitted, unless expressly excluded in Copyright Law. In the event such lawful copying takes place references to trademark legends, copyright notices and author attribution shall not be excluded. The Provider and all its associated trademarks, slogans, products and services on the site are the sole property of the Provider, its licensors and suppliers whether such trademarks are registered or unregistered. The User hereby agrees that it will refrain from copying the aforementioned without the express written permission from the relevant owner of the said trademark or the Provider. The User hereby agrees that it will refrain from copying any other intellectual property belonging to other owners; this includes their associated company names, trademarks and other intellectual property. 4.3 The Provider may make changes to the Website the contents thereof, the Terms or the Services provided by it, with or without notice to the User. All associated rights in the Website, the contents thereof are reserved and retained by the Provider as owner thereof. The User agrees that it is not granted any license or any other rights in Intellectual Property Law, which includes, yet not limited to, the law of Trademarks, Patents, or Copyright. 5. Disclaimer and Limitation of Liability  THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE WILL BE AT ITS OWN RISK. This Website is owned and controlled by the Provider, all images and content of this site are provided on an “AS IS” basis and EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS THE CASE MAY BE, INCLUDING ANY IMPLIED WARRANTIES FOR ANY PARTICULAR PURPOSE, ANY SPECIFIED FORM OR QUALITY OR FURTHER WARRANTIES OF MERCHANTABILITY, except those warranties which are implied by and incapable of restriction modification or exclusion under the laws applicable to this agreement. THE USER FURTHERMORE EXPRESSLY AGREES TO THE FOLLOWING aspects: 5.1 Usage and Storage Practices THE USER AGREES THAT THE PROVIDER IS TO BE HELD HARMLESS AND TO BE INDEMNIFIED FROM THE RESPONSIBILITY OF THE DELETION OF, OR FAILURES TO EITHER STORE OR TRANSMIT ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE PROVIDER. THE PROVIDER RESERVES THE RIGHT TO CREATE LIMITS ON THE STORAGE AND USE OF THE WEBSITE IN ITS SOLE DISCRETION AT ANY TIME SUMMARILY WITH OR WITHOUT NOTICE; 5.2 Indemnification In Respect Of Contents of the Website THE USER FURTHER AGREES THAT THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS ARE TO BE HELD HARMLESS AND EXEMPT FROM ANY LIABILITY, AND SO APPLIES TO DAMAGES OR INJURIES HOWEVER SO ARISING, WHETHER IN CONTRACT, IN DELICT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE CAUSED BY ANY FAILURE OF THE WEBSITE, whether caused by unauthorised access, loss of communications, theft, inaccuracy of data provided to the User, including any viruses, spyware or any other disabling and or damaging features (“Third Party Content”) that impact the functionality or availability and use of the Website, causing destruction or damage to the entire content of the Website, parts thereof or the functionality thereof. THE PROVIDER TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, AND THE PROVIDER IS UNDER NO OBLIGATION TO MONITOR SUCH CONTENT. THE USER FURTHER AGREES THAT SERVICES THAT ARE PROVIDED TO THE USER ARE ON AN AS IS AND AS AVAILABLE BASIS. THE USER FURTHER AGREE TO HOLD THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS AND/OR THIRD PARTY CONTENT PROVIDERS HARMLESS FOR THE FOR THE AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR RELIABILITY OF THE SERVICES OR INFORMATION ON THE WEBSITE OR ANY OTHER CLIENT SOFTWARE. THE PROVIDER ALSO RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SERVICES OR WEBSITE USE WITH OR WITHOUT NOTICE AT ANY TIME AND WITHOUT ANY LIABILITY TO THE USER. 5.3 Impossibility of Performance Neither party shall be liable in circumstances caused that is beyond their reasonable control, including without limitations riots, acts of God, war, embargoes, acts of the military, civil authorities, fires, floods or accidents, network failures, software failures, internet and telecommunications failures, power outages and/or failures in third party service providers that adversely impact the use of the services and the Website provided by the Provider and the functionality of the site. The party affected thereby will notify the other party in writing 14 days after the occurrence of above. The agreement will thereafter be suspended till the party so affected is no longer prevented from performing its obligations, if any. 6. User Conduct 6.1 The User agrees that it is solely responsible for obtaining all computer hardware and software, telephone line and other equipment needed to access the contents and services of the Website; 6.2 The User hereby agrees that it will not utilise any data mining robots, packet sniffing methods or any other means of the acquisition or harvesting of data and information; 6.3 The User agrees that it will refrain from using meta tags or any other hypertext tagging methods referring to the Provider, the Website or any of its associated trademarks or services, unless the express written consent of the Provider is obtained. 6.4 The User hereby agrees that it will not manipulate the Website in any manner, this includes, however is not limited to, navigational technologies such as website framing methods, unless written consent is obtained from the Provider; 6.5 The User hereby agrees that all activities it performs on the Website, will be in accordance with and will not contravene any laws and associated regulations (whether intellectual property law, private law, electronic communications and transactions law or otherwise) within the republic of South Africa, and includes international laws, rules and regulations. The Provider reserves the right to summarily terminate the Users access to the Website, and all other services offered by the Provider. The Provider further reserves the right, but no obligation, to enquire or refrain from enquiring as to whether the User’s use of the Website services has violated any laws, rules or regulations in the republic of South Africa or internationally. 7. Cookies Cookies are small pieces of information that are sent via the website server which is stored on the User’s computer/system hard drive so that it may be read back from the computer/system to allow the browser on such a computer and system to “remember” some information from the website, to facilitate a faster browsing time for repeat users. It is stressed that IN THE EVENT THE USER WISHES NOT TO USE THE COOKIE FEATURE, THE USER IS ADVISED TO CHECK WITH ITS BROWSER TO DEACTIVATE THIS FEATURE. 8 General Provisions  8.1 Should any provisions in the Terms be declared null and void by a competent authority, such a declaration or ruling shall not affect the validity of the provisions surviving such a declaration or ruling. 8.2 The laws of the republic of South Africa apply to these terms and conditions. 8.3 All notices and legal services must be served on the Provider at its physical address, and not via fax or email. 9. Privacy.  9.1 The Provider endeavours uphold the Users privacy, which is of utmost importance and priority. All User personal information will be treated as confidential. Please view our privacy policy (hyperlink). The Provider as stated above, with respect to the Services it provides will receive various types of information from the User who obtains access to the Website, which includes personal information as stated in the in the Promotion of Access to Information (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (“Personal Information”. 9.2 During the course of the provider’s interactions with the User, Provider may collect, store and use (“Process”) Personal Information electronically. Such Processing includes: 9.2.1 Personal Details of the User, which includes the Users Name, address, telephone numbers, email addresses, the users for the purposes that are related to the Services of the Provider (see clause 3 above); 9.2.2 The Users uploaded curriculum vitae for the purposes of career opportunities (see clause 3 above) at the Provider Company; 9.3.3 If the user is a Juristic person or other similar entity all the relevant details of such an entity, such as its registered address, Company registration numbers, contact details such as telephone numbers, and email addresses; 9.3.4 THE USER EXPRESSLY CONTENTS TO THE PROCESSING OF PERSONAL INFORMATION AS STATED IN THE PRIVACY POLICY. THE USER DECLARES THAT IT HAS READ, AND THAT IT KNOWS AND UNDERSTANDS THE CONTENTS OF SUCH A PRIVACY POLICY, AND THAT SUCH A POLICY FORMS PART AND PARCEL OF THE TERMS. 9.3 The provider voluntarily subscribes to section 51 of ECTA, and the principles of protection of personal information, as described in the Protection of Personal information Act 4 of 2013; 9.4 In the event the User feels that the Provider is not adhering to clause 9.3 then the user should communicate this fact by electronic mail to . The Provider will evaluate the Users representations, and if in the opinion of the Provider, using its sole discretion, a corrective action is necessary, it will take such remedial actions as it sees fit. The Provider will communicate its findings to the User in such cases within a reasonable period. ONCE AGAIN, CONSULT THE PRIVACY POLICY TO SEE WHAT THE PROVIDER DOES WITH YOUR INFORMATION AS USER. IT MUST BE STRESSED THAT THE PROVIDER WILL NOT PROCESS INFORMATION BEYOND THE INTENDED PURPOSE. 9.5 DESPITE SUCH AN UNDERTAKING ANY INTERNET BASED COMMUNICATIONS MAY BE INTERCEPTED. WITHOUT ENCRYPTION USAGE INTERNET, BASED COMMUNICATIONS ARE SUSCEPTIBLE TO INTERCEPTION AND FORGING. THE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER SUCH DAMAGES ARE GENERAL, SPECIAL, DIRECT OR INDIRECT, WHETHER IN DELICT, CONTRACT OR OTHERWISE, AS A RESULT OF THE TRANSMISSION OF CONFIDENTIAL OR DISCLOSED INFORMATION THAT THE USER MAKES TO THE PROVIDER THROUGH THE INTERNET, OR ANY SUCH COMMUNICATIONS THE USER EXPRESSLY OR IMPLICITLY MAKE, OR ANY SUCH ERRORS OR CHANGES THAT ARE MADE TO ANY TRANSMITTED INFORMATION DUE TO INTERNET BASED COMMUNICATIONS. 10. Further Representations and Warranties.  User warrants and represents that all the information provided by it when utilising the services of the Provider, is true, current and correct. 11. Links to Other Sites  The Provider does not take any responsibility for any links to any other third party websites. The Provider does not warrant the reliability of such third party websites which may be placed on the site from time to time, and BY CLICKING ON SUCH LINKS TO THIRD PARTY WEBSITES, USER ACKNOWLEDGES THAT IT DOES SO AT ITS OWN RISK. THE PROVIDER IS IN NO WAY AFFILIATED, OR RESPONSIBLE FOR WHAT THE CONTENTS OF SUCH SITES ARE, NOR DOES THE PROVIDER ENDORSE SUCH THIRD PARTY LINKS, this is merely done for the sake of convenience. User further agrees that it is prohibited from using the Providers logo associated, any associated proprietary information and it associated trademarks whether registered or not, without permission in writing from the Provider. ANY BUSINESS OR DEALINGS THAT TAKE PLACE ON SUCH THIRD PARTY SITES ARE BETWEEN THE USER AND THAT THIRD PARTY. THE MERE FACT THAT THE PROVIDER IS A CONDUIT OF ANY BUSINESS OR DEALINGS, WHETHER THEY STEMMED FROM THE SITE, ANY BUSINESS DEALINGS, SERVICES AND ASSOCIATED WARRANTIES OR GUARANTEES THE USER RECEIVED FROM SUCH A THIRD PARTY SHALL IN NO WAY MEAN THAT THE PROVIDER SHALL BE HELD LIABLE, AND USER AGREES TO HOLD THE PROVIDER HARMLESS AND EXEMPT IN SUCH DEALINGS. 12. Entire Agreement  This Agreement constitutes the entire agreement between the User and the Provider and governs the User’s utilisation of the Website, superseding any prior agreements between the User and the Provider. The User may also be subject to additional terms and conditions that may apply when the User uses or purchases certain other services that the Provider offers including affiliate services, third-party content or third party software. 13. Waiver  Any failure by the Provider to enforce these terms or any rights associated therewith, or other such rights shall not constitute a waiver of such terms or rights. 14. General 14.1 Applicable law This Agreement is governed by South African law. 14.2 Severability If any provision in the Terms are declared unenforceable or null and void by any court or similar authority or competent jurisdiction, the same shall not affect the remaining terms and condition of these standard terms and conditions, which shall remain valid and binding on the parties. 15. Compulsory Information In Terms of the Electronic Communications and Transactions Act 25 of 2002.  Company name: Indawo Cape (Pty) Ltd (Reg no: 1967/003120/07) Physical address: Unit 2, Transnet Park, Robert Sobukwe Road (Modderdam Road) N/S, 7530 Postal address: Po Box 5350, Tygervalley, 7536 Website address: E-mail address: Telephone number: +27 21 941 5000(South Africa)

Section 51 Promotion of Access to Information Manual

Section 51 Promotion of Access to Information Manual:

Indawo Cape (Pty)Ltd

(Registration Number: 1967/003120/07)

(hereinafter referred to as “the Responsible Party”)

Terms of use.

In terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (hereinafter referred to as “the Act”), a private body such as the Responsible Party must compile a manual to give effect to the core purposes of the Act. Such purposes are designed to give effect to the constitutional right of access to any information held by the State and any information that is held by another person (the Responsible Party) and that is required for the exercise or protection of any rights; and to provide for matters connected therewith. 1. Information required in terms of section 51(1)(a) of the Act a. Directors: Geoffrey Jäck (Managing) Peter Jäck (Chairman) b. Physical Address of the Responsible Party: Unit 2, Transnet Park, Robert Sobukwe Road (Modderdam Road) N/S, Bellville 7530. c. Postal Address of the Responsible Party: PO Box 5350, Tygervalley, 7536. d. Telephone Number of the Responsible Party: +27 21 941 5000 (South Africa). e. Fax Number of the Responsible Party: +27 21 946 3366( South Africa). f. Email Address of the Responsible Party: . 2. Description of the location of the Section 10 Guide, as required by section 51(1) (b). The South African Human Rights Commission, in accordance with section 10 of the Act, has compiled a guide. The purpose of such a guide is to provide information to a person requesting access to information (the Requesting Party), who wishes to exercise a right (that is related to information held by the Responsible Party) in terms of the Act. This guide is available in the 11 (eleven) official South African languages. This guide is available for inspection at the offices of the South African Human Rights Commission, located at, 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown, or alternatively on its website . 3. Latest Notice In Terms of Section 52(2) (if any): No notice(s) has/have been published with respect to the records that are already automatically available. 4. Records Available in terms of Other Legislation a. Basic Conditions of Employment Act 75 of 1997. b. Companies Act 71 of 2008. c. Compensation for Occupational Injuries and Diseases Act 130 of 1993. d. Employment Equity Act 55 of 1998. e. Income Tax Act 58 of 1962. f. Labour Relations Act 66 of 1995. g. Skills Development Act 9 of 1999. h. Unemployment Insurance Act 63 of 2001. i. Value Added Tax Act 89 of 1991. 5. Personnel records and Documentation a. Disciplinary code. b. Disciplinary records. c. Employment contracts. d. Employment equity plans. e. Medical aid records. f. Salary records. g. SETA records. h. Training manuals. i. Training records. 6. Records In terms of The Companies Act 71 of 2008 a. Documents of Incorporation. b. Memorandum of Incorporation (Articles of Association in terms of the 1973 Act). c. Minutes from the board of directors meetings. d. Records pertained to the appointment of directors, auditor, company secretary, prescribed officers, or any other officer. e. The register of shareholders and other statutory registers. 7. Financial Records a. Annual financial statements. b. Accounting records. c. Asset register. d. Banking records: i. Bank statements. ii. Paid cheques. iii. Electronic banking records. e. Invoices. f. Rental agreements. g. Tax returns. 8. Income Tax Records a. Documents that are issued to Employees for income tax purposes. b. PAYE Records. c. VAT. 9. Regional Services Levies 10. Skills Development Levies 11. UIF 12. Workmen’s Compensation 13. Details On How To Submit A Request For Access To Information Form C – the Requesting Party must submit the form and the request fee (see 15 below) to the head of the Responsible Party. Such a form is to be submitted to: the Chairman Peter Jäck: Email: Telephone: +27 21 941 5000 (South Africa) Fax: +27 21 946 3366( South Africa). Postal Address: PO Box 5350, Tygervalley, 7536. The Requesting Party must provide adequate and precise particulars in Form C to enable the Responsible Party to locate the requested records as well as full details of the Requesting Party. The Requesting Party is further directed to provide what means of access is required and to provide the Responsible Party full particulars of what the Requesting Party requires. The Requesting Party is further required to specify and identify the right that the Requesting Party wishes to exercise and/or protect and/or motivate with sufficient and precise detail as to why such exercise and protection is required. The Requesting Party will receive a written (unless otherwise agreed upon) reply to its chosen address and/or medium of communication as stated in Form C. If the Requesting Party is submitting the request on behalf of another person, then documentary proof as to what capacity they so act, which is with sufficient detail for the Responsible Party to consider such a request. 14. Outcome of decision and reasons The Requesting Party will be notified within 30 (thirty) calendar days of the Responsible Party’s decision as to whether such requested information will be provided to the Requesting Party or of its refusal to do so. Reasons for such refusals will be provided to the Requesting Party. 15. Prescribed Fees: If the Requesting Party is requesting his/her own Personal Records then no fees are payable. However all fees are regulated by the Act. A flat rate of R 50.00 (fifty rand) is due and payable should the information requested not be an employee’s own Personal Records (if such a request has been accepted by the Responsible Party). You will be notified of any additional costs of the retrieval of such records (this may include access fees or retrieval fees).  



(Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000)

[Regulation 10]

A. Particulars of private body

The Head:


B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be given below. (b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person:

C. Particulars of person on whose behalf request is made

This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname: Identity number:

D. Particulars of record

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The Requesting Partymust sign all the additional folios.

1 Description of record or relevant part of the record: 2 Reference number, if available: 3 Any further particulars of record:

E. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. (b) You will be notified of the amount required to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:

F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability: Form in which record is required: Form in which record is required
Mark the appropriate box with an X. NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. (c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:

 copy of record*

   inspection of record
2. If record consists of visual images this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
   view the images    copy of the images”    transcription of the  images*
3. If record consists of recorded words or information which can be reproduced in sound:
   listen to the soundtrack

 audio cassette

   transcription of soundtrack*  written or printed document
4. If record is held on computer or in an electronic or machine-readable form:
   printed copy of record*    printed copy of information  derived from the record    copy in computer readable form*  (stiffy or compact disc)
‘If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable.  YES  NO

G Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form. The Requesting Party must sign all the additional folios.

1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

H. Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record? Signed at…………………………. This………… day of …………………………….20





Email Disclaimer

Terms of email use.

The onus is on the recipient of this electronic mail or data message (e-mail) to read this disclaimer. All information contained in this e-mail is intended solely for use by the person or entity to which it is addressed and is strictly confidential. Distribution or use of this e-mail by any third party is prohibited. Indawo Cape (Pty) Ltd (Indawo), Reg no. 1967/003120/07, is not responsible or liable for viruses or similar malware, as well as adequate or complete transmission of data or information contained in this e-mail, nor shall it be liable for any costs (including legal expenses) or damages of any nature that are special, consequential or incidental stemming from a recipient’s use of this e-mail. Any e-mails sent by Indawo, unrelated to its official business activities, shall not be construed as being provided, or endorsed, by it. No contractual nexus shall be created unless this is confirmed by the directors of Indawo. Should you receive this e-mail in error, please notify the sender immediately



Contact Details


Cape Town
Unit 2, Transnet Park, Robert Sobukwe Road, Bellville, 7530
Tel: +27 (21) 941 5000