1. COPYRIGHT

1. Copyright 2010 © Kagiso Trust, 27 Scott Street, Waverly, Johannesburg, South Africa.  All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The Managing Director at +27 (11) 566 1900
2. Users may download, view and print content from this site for private and non-commercial purposes only.
3. All moral rights of Kagiso Trust and its employees/agents are reserved.
4. Kagiso Trust cannot screen or edit all the content available from the Kagiso Trust site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Kagiso Trust of any content that may be offensive or illegal.

2. INTELLECTUAL PROPERTY RIGHTS

1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Kagiso Trust and as such are protected from infringement by local and international legislation and treaties.
2. Unless otherwise noted on the Site, all other trademarks, service marks, and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. ELECTRONIC COMMUNICATIONS

1. When a user visits Kagiso Trust or sends e-mails to Kagiso Trust, that user consents to receiving communications from Kagiso Trust electronically and agrees that all agreements, notices, disclosures and other communications sent by Kagiso Trust satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.

4. FRAMING

1. No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

5. DISCLAIMER

1. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Kagiso Trust nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Kagiso Trust makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause.
2. This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Kagiso Trust that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Kagiso Trust and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
4. All items purchased from Kagiso Trust are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Kagiso Trust to such agents upon delivery of any item to such carrier.
5. Neither Kagiso Trust nor any of its 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 this web site.

6. GOVERNING LAW

1. This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

7. PRIVACY

1. Kagiso Trust shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
2. Please refer to our Privacy Policy for further details.

8. SECURITY

1. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Kagiso Trust suffers any damage or loss.
2. The user agrees and warrants that its log-in name and password shall:
3. be used for personal use only; and
4. not be disclosed to any third party.
5. The user allows Kagiso Trust to take all reasonable steps to ensure the integrity and security of the Kagiso Trust site and back-office applications.
6. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte.

9. CHANGES TO AGREEMENT

1. Kagiso Trust may, in its sole discretion, change this agreement or any part thereof at any time without notice.

10. DISPUTES

1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Kagiso Trust, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.

11. DOMICILIUM

1. Kagiso Trust chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 27 Scott Street, Waverly, Johannesburg , South Africa