Terms & Conditions
WEBSITE USAGE
Parties
“You” and “your” refer to any person accessing this website. “The BIBC” refers to The Building Industry Bargaining Council (Cape of Good Hope).
Introduction and acceptance
These terms and conditions regulate your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions, or any part thereof, you must not use this website.
License to use the website
Unless otherwise stated, The BIBC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal or business use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent, or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution by the BIBC
Acceptable use
You must not use this website:
- in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without The BIBC's express written consent;
- to transmit or send unsolicited commercial communications;
- for any purposes related to marketing without The BIBC’s express prior written consent.
Restricted access
The BIBC reserves the right to restrict access to certain areas of or the entire website at The BIBC’s sole discretion.
If The BIBC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The BIBC may disable your user ID and password at The BIBC’s sole discretion without notice or explanation.
No warranties
While the BIBC has made every attempt to ensure the accuracy and reliability of the information provided on this website, the information is provided "as is" without warranty of any kind and the BIBC is not responsible for any “errors or omissions”. The information is supplied for awareness only and nothing on this website constitutes or is meant to constitute, advice of any kind.
Should the information on this Website be in contradiction of any Law or Collective Agreement, that law or collective agreement takes precedence over the information contained on this Website. The BIBC will not accept responsibility for any loss incurred due to the user making use of information from this website. Should you be in doubt about anything contained on this website, please contact your nearest BIBC office. The.
Without prejudice to the generality of the foregoing, The BIBC:
- does not warrant that this website will be constantly available, or available at all;
- does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website;
- does not warrant that the information on this website is complete, true, accurate, or non-misleading;
- makes no representations or warranties in relation to this website or the information and materials provided on this website
Limitation of liability
The BIBC will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct, indirect, special, or consequential loss; or
- for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit The BIBC’s liability in respect of any:
- death or personal injury caused by The BIBC’s negligence;
- fraud or fraudulent misrepresentation on the part of The BIBC or
- matters in which it would be illegal or unlawful for The BIBC to exclude or limit, or to attempt or purport to exclude or limit, its
Other parties
You accept that, as a limited liability entity, The BIBC has an interest in limiting the personal liability of its Council members, officers, and employees. You agree that you will not bring any claim personally against The BIBC Council members, officers, or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect The BIBC Council members, officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as The Building Industry Bargaining Council (Cape of Good Hope).
Unenforceable provisions
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
Indemnity
You hereby indemnify The BIBC and undertake to keep The BIBC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by The BIBC to a third party in settlement of a claim or dispute on the advice of The BIBC legal advisers) incurred or suffered by The BIBC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to The BIBC other rights under these terms and conditions, if you breach these terms and conditions in any way, The BIBC may take such action as The BIBC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
The BIBC may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.
Assignment
The BIBC may transfer, sub-contract, or otherwise deal with The BIBC's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and The BIBC in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.
