Terms of Use


TERMS AND CONDITIONS OF USE AND ACCESS TO THE

FAIR-TRADE INDEPENDENT TOBACCO ASSOCIATION NPC WEBSITES:

www.f-ita.co.za and www.stopexpensivecigarettes.co.za

THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR USE AND/OR

ACCESSING OF THE WEBSITES AND CONTAIN EXCLUSIONS AND LIMITATIONS OF

THE LIABILITY OF FAIR-TRADE INDEPENDENT TOBACCO ASSOCIATION NPC

(“FITA”) AND IMPOSES LEGAL OBLIGATIONS ON YOU. BY USING AND/OR

ACCESSING THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITES YOU

INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. IF YOU

DO NOT AGREE, PLEASE REFRAIN FROM ACCESSING AND/OR USING THE

WEBSITES OR ANY CONTENT, DATA OR INFORMATION DISPLAYED OR MADE

AVAILABLE ON THEM. PLEASE READ THESE TERMS CAREFULLY.

1. GENERAL

1.1 When accessing and/or using the Websites located at www.f-ita.co.za and

www.stopexpensivecigarettes.co.za (the “Websites”) you are entering into a legally

binding contract with FITA upon these terms and conditions (“T&Cs”). FITA is a non

profit company incorporated in the Republic of South Africa under registration

number 2012/215893/08 and whose registered office is at 493 Cameron Street,

Brooklyn, Pretoria, 0181 (hereinafter referred to as “FITA” or “we” or “us” or “our”).

1.2 These T&Cs apply to the entire content of the Websites and to any correspondence

between us and you. Using and/or accessing the content displayed on the

Websites indicates that you accept these T&Cs and agree to be bound by them

regardless of whether or not you choose to register as a user or a provider of

content on the Websites. If you do not accept these T&Cs, please refrain from

using and/or accessing the Websites.

1.3 On the Websites we provide online information resources and, in some cases, you

will be able to submit content (comments on articles posted and/or submissions) for

publication on the Websites.

2. LICENCE

2.1 We hereby authorise you to view, copy, download to a local drive, print and

distribute the content of the Websites, or any part thereof, provided that:

2.1.1 such content is used for information and/or non-commercial purposes only; and

2.1.2 any reproduction of the content available on or through the Websites, or any part

thereof, must include the following copyright notice: © FITA 2012. ALL RIGHTS

RESERVED.

2.2 You may only use and/or access content available on or through the Websites for

commercial purposes once you have obtained our express written consent.

2.3 You may only access and/or use the Websites for legal purposes.

2.4 Use of content from the Websites in electronic clipping services or personalised

news services shall only be allowed if such electronic clipping service or

personalised news service:

2.4.1 does not copy or provide the whole article, as it appears on the Websites, but only

provide a short summary of the contents of the information or article;

2.4.2 acknowledges us as the source of the content;

2.4.3 provides a correct and working hyperlink to the source of the content or article on

the Websites;

2.4.4 acknowledges writers, journalists, photographers and third party agencies as they

are acknowledged on the Websites; and

2.4.5 includes the date upon which the content was sourced from the Websites in the

summary of the content.

2.5 The caching of the Websites shall only be allowed if:

2.5.1 the purpose of the caching is to make the onward transmission of the content from

the Websites more efficient;

2.5.2 the cached content is not modified in any manner whatsoever;

2.5.3 the cached content is updated at least every 12 (twelve) hours; and

2.5.4 the cached content is removed or updated when so required by us.

2.6 If you use content from the Websites in breach of the provisions detailed herein:

2.6.1 we reserve the right to claim damages from you; and

2.6.2 we will not be liable, in any manner whatsoever, for any damage, loss or liability that

resulted from the use of such content by you or any third party.

2.7 Hyperlinks to the Websites from any other source shall be directed at the home

page of the Websites. We will not be liable, in any manner whatsoever, for any

damage, loss or liability that resulted from the use of content from the Websites, if

such content was accessed through a hyperlink not directed at the home page of

the Websites. Should you wish to link to content beyond the home page of the

Websites, you will do so at your own risk and you agree to indemnify us against any

loss, liability or damage that may result from content on the Websites, if such

content was accessed through a hyperlink not directed at the home page of the

Websites. The exclusion of our liability for deep linking is based on the fact that

deep links bypass these T&Cs.

2.8 You may quote small and reasonable amounts of content available from the

Websites only if such quote is placed in inverted commas, the author is

acknowledged and a hyperlink to the quoted content is provided as a footnote to

such quote.

2.9 Apart from bona-fide search engine operators and use of the search facility

provided on the Websites by you, you may not use or attempt to use any

technology or applications (including web crawlers or web spiders) to search or

copy content from the Websites for any purposes, without our prior written consent.

2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us

at any time without giving reasons therefore.

3. AVAILABILITY

3.1 While we endeavour to ensure that the Websites are available at all times, we shall

not be liable if for any reason the Websites are unavailable at any time or for any

period.

3.2 Access to the Websites may be suspended temporarily and without notice in the

case of system failure, maintenance or repair or for reasons beyond our control.

4. CONSUMER PROTECTION ACT NO 68 OF 2008

4.1 If these T&Cs (or any contract governed by these T&Cs) or the content providedand/or made available on the Websites are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the”Consumer Protection Act”), it is not intended that any provision of these T&Cscontravene any provision of the Consumer Protection Act. Therefore all provisionsof these T&Cs must be treated as being qualified, to the extent necessary, toensure that the provisions of the Consumer Protection Act are complied with.

4.2 No provision of these T&Cs (or any contract governed by these T&Cs):

4.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

4.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

4.2.3 limits or excludes any warranties or obligations which are implied into these T&Cs (or any contract governed by these T&Cs) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the

extent applicable), to the extent that the law does not allow them to be limited or

excluded.

5. CONDUCT & CONTENT

5.1 Any material (content) you transmit or post to the Websites shall NOT be

considered confidential and proprietary. We shall have no obligations with respect

to such material. We shall be free to copy, disclose, distribute, incorporate and

otherwise use such material and all data, images, sounds, text and other things

embodied therein for any and all commercial or non-commercial purposes.

5.2 You are prohibited from posting or transmitting to or from the Websites any material:

5.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive,

pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,

scandalous, inflammatory, blasphemous, in breach of confidence, in breach of

privacy or which may cause annoyance or inconvenience; or

5.2.2 for which you have not obtained all necessary licences and/or approvals; or

5.2.3 which constitutes or encourages conduct that would be considered a criminal

offence, give rise to civil liability, or otherwise be contrary to the law of or infringe

the rights of any third party, in any country in the world; or

5.2.4 which is technically harmful (including, without limitation, computer viruses, logic

bombs, Trojan horses, worms, harmful components, corrupted data or other

malicious software or harmful data).

5.3 You may not misuse the Websites (including, without limitation, by hacking).

5.4 We shall fully co-operate with any law enforcement authorities or court order

requesting or directing us to disclose the identity or locate anyone posting any

material in breach of clause 5.2 or clause 5.3.

5.5 Content is provided by users and we do not control, and are not responsible for

content, messages between users, including without limitation e-mails outside our

e-mail system or other means of electronic communication, whether through the

Websites or any another third party Websites. We do not pre-screen or approve any

content, but we reserve the right, in our sole and absolute discretion, to refuse,

delete or move any content that is or may be available on our Websites.

5.6 We do not endorse any content or any opinion, statement, recommendation, or

advice expressed therein, and we expressly disclaim any and all liability in

connection with user content. We do not permit copyright infringing activities and

infringement of intellectual property rights on the Websites, and we may, at our sole

discretion, remove any infringing content if properly notified that such content

infringes on another’s intellectual property rights.

5.7 Should you feel that any content you view on the Websites does not comply with

the standards set out in clause 5.2, or that such content infringes your rights and/or

the rights of any third party, please contact us as soon as reasonably practicable

using the contact details provided on the Websites.

6. LINKS TO AND FROM OTHER WEBSITES

6.1 Links to third party websites on the Websites are provided solely for your

convenience. If you use these links, you leave the Websites. We have not reviewed

all of these third party Websites and do not control and are not responsible for these

websites or their content or availability. We therefore do not endorse or make any

representations about them, or any material found there, or any results that may be

obtained from using them. If you decide to access any of the third party websites

linked to the Websites, you do so entirely at your own risk.

6.2 The Websites and content available on or through the Websites may contain links to other third party websites, which are completely unrelated to us or our Websites. If you link to third party websites, you may be subject to those third party websites’

terms and conditions and other policies.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All content, trade marks and data on the Websites, including, but not limited to,

software, databases, text, graphics, icons, hyperlinks, personal information, and

designs are the property of or licensed to us, and as such, are protected from

infringement by domestic and international legislation and treaties. Subject to the

rights afforded to you herein, all other rights to all intellectual property rights on the

Websites are expressly reserved.

7.2 “FITA” and “Fair-Trade Independent Tobacco Association” are proprietary to FITA and you agree not to use the name as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law.

8. COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS

AND TRANSACTIONS ACT, 2002 (“ECT Act”)

Access to the services and content available from the Websites is classified as

“electronic transactions” in terms of the ECT Act and therefor Users have the rights

detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following

information:

8.1 The full name and legal status of the Websites’ owner:

FAIR-TRADE INDEPENDENT TOBACCO ASSOCIATION NPC

8.2 Street address:

8.3 Postal address:

8.4 Physical address for receipt of legal service:

Fair-Trade Independent Tobacco Association NPC

8.5 Main business:

To promote fair trade and competition in tobacco industry. to further the interests of

the overall tobacco industry in South Africa. To assist and protect the rights of FITA

members.

8.6 The Websites addresses of the Websites are:

www.f-ita.co.za

www.stopexpensivecigarettes.co.za

8.7 Codes of conduct to which the Websites subscribe:

FITA is aligned to all applicable South African legislation and the practices as

enshrined in the Constitution of the Republic of South Africa.

8.8 The Manual published in terms of section 51 of the Promotion of Access to

Information Act 2 of 2000 of the owner of the Websites may be obtained by

contacting the Chairperson: info@f-ita.co.za

8.9 Management/Board: The identities and contact details of the FITA management are:

 

8.10 You may lodge complaints concerning the Websites with us, the Advertising

Standards Authority or the Consumer Affairs Committee.

9. DISCLAIMER

9.1 Whilst we endeavour to ensure that the information on the Websites is correct, we

do not warrant the accuracy and completeness of the material on the Websites. We

may make changes to the material on the Websites at any time without notice. The

material on the Websites may be out of date, and in this regard, we make no

commitment to update such material.

9.2 The material on the Websites is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Websites on the basis that we exclude all representations, warranties, conditions and other terms which, but for the legal notice set out in this clause, might have effect in relation to the Websites.

9.3 We will take all reasonable steps to secure the content of the Websites and the

information provided by and collected from users from unauthorised access and/or

disclosure. However, we do not make any warranties or representations that content shall be 100% safe and secure.

9.4 We are under no legal duty to encrypt any content or communications from and to the Websites and are also under no legal duty to provide digital authentication ofany page on the Websites.

10.  DATA PROTECTION AND SECURITY

In the event that we collect personal information from you and you may submit

personal information to us, we will handle the collection, processing and storage of

your personal information in accordance with our Privacy Policy. By disclosing or

submitting your personal information to us, you consent to us collecting, processing

and storing your personal information for the purposes described in our Privacy

Policy.

11.  LINKING AND FRAMING

11.1  Hyperlinks to the Websites from any other source shall be directed at the home

page of the Websites. We will not be liable, in any manner whatsoever, for any

damage, loss or liability that resulted from the use of content from the Websites, if

such content was accessed through a hyperlink not directed at the home page of

the Websites. Should you wish to link to content beyond the home page of the

Websites, you will do so at your own risk and you agree to indemnify us against any

loss, liability or damage that may result from content on the Websites, if such

content was accessed through a hyperlink not directed at the home page of the

Websites. The exclusion of our liability for deep linking is based on the fact that

deep links bypass these T&Cs.

11.2 You may quote small and reasonable amounts of content available from the

Websites only if such quote is placed in inverted commas, the author is

acknowledged and a hyperlink to the quoted content is provided as a footnote to

such quote.

12.  LIABILITY

12.1  Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, and to the

extent allowed by law, we shall not be liable for any damage, loss or liability of

whatsoever nature arising from the use or inability to use the Websites or the

services or content provided from and through the Websites. Furthermore, we make

no representations or warranties, implied or otherwise, that, amongst others, the

content and technology available from the Websites are free from errors or

omissions or that the service will be 100% uninterrupted and error free.

12.2  The Websites are supplied on an “as is” basis and have not been compiled or

supplied to meet the user’s individual requirements. It is your sole responsibility to

satisfy yourself prior to entering into this agreement with us that the content

available on or through the Websites will meet your individual requirements and be

compatible with your hardware and/or software.

12.3  Information, ideas and opinions expressed on the Websites should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Websites.

12.4  Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Websites.

12.5  Submissions of content (contribution to blogs, comments on articles posted) and postings of any kind posted to the Websites or e-mail sent to the Websites are not

editorially controlled and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory content).

13.  INTERCEPTION OF COMMUNICATIONS

13.1  Subject to the provisions of the Regulation of Interception of Communications (RICA) Act 70 of 2002, you agree to our right to intercept, block, filter, read, delete, disclose and use all communications send or posted by you to the Websites or to our staff and employees.

13.2  Subject to the provisions of the ECT Act, you agree and acknowledge that the

consent provided by you herein satisfies the “writing” requirement.

14.  SEVERABILITY

14.1  These T&Cs together with the Privacy Policy constitute the entire agreement

between you and us in respect of your access to and use of the Websites. Any

failure by us to exercise or enforce any right or provision of these T&Cs shall in no

way constitute a waiver of such right or provision.

14.2  In the event that any term or condition of the use of the Websites is not fully

enforceable or valid for any reason, such term(s) or condition(s) shall be severable

from the remaining terms and conditions. The remaining terms and conditions shall

not be affected by such unenforceability or invalidity and shall remain enforceable

and applicable.

15.  APPLICABLE AND GOVERNING LAW

The Websites are hosted, controlled and operated from the Republic of South

Africa, and thus South African Law governs the use or inability to use the Websites

and these T&Cs.

Downloads:

Adobe Reader

  • Click here to DOWNLOAD a copy of FITA’s Terms of Use.