TERMS & CONDITIONS

SOUTH AFRICAN BOERBOEL BREEDERS’ SOCIETY
WEBSITE TERMS OF USE OF USE

1 INTERPRETATION AND PRELIMINARY

The headings of the clauses in the Terms of Use are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the provisions of the Terms of Use nor any clause hereof. In these Terms of Use, unless a contrary intention clearly appears:

Words implying:
1. any one gender include the other gender;
2. the singular include the plural and vice versa; and
3. natural persons include created entities (incorporated or non-incorporated) and vice versa.
References to notices, statements and other communications by or from SABBS include notices by or from any official SABBS agent.
Any provision of these Terms of Use imposing a restraint, prohibition or restriction on the User shall be so construed that the User is not only bound to comply therewith but is also obliged to ensure that the same restraint, prohibition or restriction is observed by all representatives of the User accessing and/or using the Website under, by arrangement with, or at the invitation of the User (without limiting the generality of this provision) its associates, directors, members, officers, employees, agents and customers of the User.
When any number of days is prescribed in these Terms of Use, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on the Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day;
Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

2 DEFINITIONS

The following terms shall have the meanings assigned to them hereunder, unless the context indicates otherwise, and cognate expressions shall bear corresponding meanings:

South African Boerboel Breeders’ Society shall mean the breeders’ society registered in terms of the Animal Improvement Act, No. 62 of 1998, Registration Number 62/98/B-68.
Constitution means the Constitution of SABBS and its Bylaws, as amended, published on the Website.
Act means the Animal Improvement Act, Act No. 62 of 1998, as amended, and includes any regulations and ordinances promulgated there under.
SABBS is the acronym for the South African Boerboel Breeders’ Society and may be used interchangeably with the full version.
Day shall mean any day of the week, excluding Sundays and public holidays;
Content shall mean content currently or anticipated to be displayed on the SABBS Website, and shall include, but shall not be limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sounds and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs provided by SABBS, its affiliates and/or subsidiaries, or any other third Party;
Owner(s) shall mean SABBS, its affiliates and/or subsidiaries, or any third party owners of proprietary works, its agents, representatives of any form, associates, affiliates, subsidiaries, board members, officials, agents, and employees;
Supplier shall mean any person, company, natural or juristic person contracted by SABBS for the supply of products or services, its agents, representatives of any form, associates, affiliates, subsidiaries, shareholders, directors, agents, and employees;
Terms of Use means the contents of this document and amendments and updates hereto, and includes the Privacy Policy;
Privacy Policy means the policy statement relating to the collection, transmission, management, sharing, storage, and use of Personal or anonymous User Information, including the use of cookies.
User means any User of the SABBS Website;
Website means the SABBS website located at the domain name sabbs.org;
Parties shall mean SABBS and the User, and Party shall mean any one of them as the context may indicated.

3 IMPLIED CONSENT

These Terms of Use govern the User’s use of The SABBS Website.
By accessing and using the Website, the User agrees to be bound by the Terms of Use set out below.
If the User does not wish to be bound by these Terms of Use, the User may not access, display, use, download, and/or otherwise copy or distribute the Website, or any content thereof.

4 AMENDMENT OF THE TERMS OF USE

SABBS reserves the right to, at its sole discretion, change, modify, add to or remove portions or the whole of the Terms of Use from time to time.
Changes to the Terms of Use will become effective upon such changes being posted to the Website.
The onus rests with the User to periodically check the Terms of Use on the Website for any changes or updates therein contained.
The User’s continued use of the Website following the posting of any changes or updates by SABBS shall be considered notice of the User’s acceptance to abide by and be bound by the Terms of Use, including any changes or updates thereto.

5 ECTA REQUIREMENTS

In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), Act No 25 of 2005, SABBS makes the following information available to the User:

The Supplier is the South African Boerboel Breeders’ Society (SABBS), registered as a breeders society in terms of the Animal Improvement Act, No. 62 of 1998, Registration Number 62/98/B-68, and with:
1. Its registered address and domicilium citandi et executandi at 118 Henry Street, Westdene, Bloemfontein, 9301, South Africa;
2. Contact number +27 (0) 51 4100950;
3. Its office bearers, officials, representatives, agents being duly elected, co-opted, and/or appointed in terms of its Constitution, Bylaws, and/or any document and/or decision taken or produced in terms thereof.
4. Its main business being the provision of products and services as defined in its Constitution, Bylaws, the Act, including any regulations and/or ordinances promulgated there under; and
5. website address sabbs.org and email address.

6 USERNAME & PASSWORD

The User may be required to set up an online profile as prerequisite for certain online transactions, which will include a username (email address) and password.
It is the User’s responsibility to keep this information confidential and not to disclose this information to any third party.
It is the User’s responsibility to ensure that the information on his online profile remains current.
The User is requested to immediately inform SABBS in the event that he/she believes that his/her information has been compromised.

7 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Content currently or anticipated to be displayed on the SABBS Website is provided by SABBS, its affiliates and/or agents, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
All such proprietary works, and the compilation of the proprietary works, belong to SABBS, its affiliates or agents, or any third party owners of such rights (“the Owners”), and the Content is protected by South African and international copyright laws.
SABBS reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice to the User.
All rights in and to the Content is reserved and retained by the Owners.
Except as specified in these Terms of Use, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

8 LIMITED LICENSE TO GENERAL USERS

SABBS grants to the User, subject to the further terms of these Terms of Use, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
The SABBS Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of SABBS or the Owners.
The aforementioned license does not allow the User to collect products or service listings, descriptions or other information displayed here, and does not allow any derivative use of the Website or the Content for the benefit of any other third party of whatsoever nature.
The User may not frame nor use framing technologies to enclose the SABBS Website or the Content nor any part thereof without the express written consent of SABBS.
Excepting the provisions of the Constitution, SABBS and the Owners do not offer products or services to minors. Persons under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website, or Content of the Website.
SABBS and its supplier, the Owners, their affiliates or agents reserve the right to refuse service, terminate accounts, or remove or edit Content at their sole discretion.
Any unauthorised use of The SABBS Website will terminate this license.

9 LIMITATION OF LIABILITY & DISCLAIMERS

Subject to section 43(5) and 43(6) of ECTA, if applicable, and to the extent permitted by law, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors and SABBS, its suppliers, agents and the Owners shall not be held liable for any damage, or loss or liability of whatsoever nature incurred by whoever as a result of any act or omission.
SABBS, its suppliers, agents and the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content on the Website, or any third-party content accessible via an Internet link on the Website.
Neither SABBS nor any of its suppliers or agents, nor the Owners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use, or reliance on the Content or the Website or any functionality thereof, or of any linked website, even if SABBS is expressly advised thereof.
Ideas and opinions expressed on the Website should not be considered as professional advice.

10 PRIVACY, ACCESS TO AND USE OF INFORMATION

SABBS receives various types of information (“the Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in s 1 of ECTA (hereinafter referred to “Personal Information”).
SABBS may electronically collect, store and use Personal Information, including Users’ names, contact details, surfing patterns, email addresses, IP addresses etc.
SABBS voluntarily subscribes to section 51 of ECTA and endeavours to treat Personal Information received by SABBS accordingly. Whenever the User is of the opinion that SABBS has failed to comply with section 51 of ECTA, the User shall inform SABBS thereof by sending an email to . SABBS will review the User’s representations made by email and, if within its sole and absolute discretion, take corrective action and in any event within 20 (twenty) days respond to the User informing him/her about corrective actions taken, if any.
Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. SABBS, its suppliers, agents and the Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed information that the User makes to SABBS, its suppliers, agents and/or the Owners through the Internet, or that the User expressly or implicitly authorises SABBS, its suppliers, agents and/or the Owners to make, or for any errors or any changes made to any transmitted information.

11 GOVERNING LAW, SEVERABILITY, WHOLE AGREEMENT & NON-WAIVER

This Website is controlled, operated and administered by SABBS from its offices as set out below within the Republic of South Africa.
SABBS makes no representation that the Content is available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Magistrates Court in the event of any dispute.
If any of the provisions of these Terms of Use are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
These Terms of Use constitute the entire agreement between SABBS and the User and no variation, cancellation, novation or deletion of any provision of these Terms of Use shall be binding unless reduced to writing and signed by the an authorised representative of SABBS.
No indulgence shown by SABBS to the User may be construed as a waiver of any kind.
This document shall not be interpreted against the Party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.

12 CONTACT DETAILS

In the event that the User needs to contact SABBS for purposes related to these Terms of Use, Complaints, or Disputes, the following contact details may be used:
1. Telephone: +27 (0) 51 4100950
2. Email: admin@sabbs.co.za