A service of SADICO Projects Registration Number: 2019/281408/08. These terms and condition are binding and enforceable to all persons that apply to be a Participant of this campaign and access the 4IR JOURNEY web site or any part thereof in terms of section 11(3) of the electronic communications and transactions (ECT) act 25 of 2002. If you do not agree to these terms and conditions you must leave the 4IR Journey campaign web site now, as further use will automatically bind you to these terms and conditions. A copy of the ECT Act may be downloaded from http://www.polity.org.za under the heading "Legislation and Policy".
Definitions and interpretation
a. "4IR JOURNEY " means 4IR Journey campaign owned by SADICO PROJECTS NPC– (SADICO) (Company Reg No. 2019/281408/08) a non-profit company that owns 4IR Journey as a voluntary service developed and deployed by SADICO PROJECTS.
b. "4IR JOURNEY web site" means the 4IR JOURNEY site located at www.4irjourney.com and includes any part or element thereof, including the websites owned by SADICO.
c."4IR Journey Service" means the Platform provided by SADICO in order to enable individuals to learn, experience and implement the 4th industrial revolution as a way of economic life and adapt to the new technologies brough by the 4th Industrial Revolution.
d. 4IR Journey and its owner, SADICO, do not take any legal responsibility on the accuracy of this information that will be passed as it is from the third parties, and as a result of interacting with third parties; this includes information may be deemed accurate at the time of passing this information by SADICO. Should there be any changes and these changes are communicated to the SADICO team then the changes will be passed.
e. Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
1. General
4IR Journey was established by SADICO PROJECTS with the purpose of empowering its Participant with a platform to learn about the 4th Industrial Revolution.
2. Allowed Use & License.
2.1 SADICO PROJECTS licenses the User to view and use the content of any of the 4IR JOURNEY web site, provided that such content is used for personal or organizational use related only to the commercial aspirations of the SADICO PROJECTS Campaign of 4IR Journey.
2.2 Content from the 4IR JOURNEY web sites shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of 4IR JOURNEY and outside the reasonable limits of the aims and objectives of the 4IR Journey Campaign.
2.3 Users may only access and use the 4IR JOURNEY web site for legal purposes.
2.4
The caching of the 4IR JOURNEY web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the 4IR JOURNEY web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by 4IR JOURNEY.
2.5
If any User uses content from the SADICO PROJECTS Website and its 4IR Journey digital platforms and web sites in breach of the provisions detailed herein
2.5.1 SADICO PROJECTS reserves the right to claim damages from the User;
2.5.2 SADICO PROJECTS reserves the right to institute criminal proceedings against the User; and
2.5.3 SADICO PROJECTS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the SADICO PROJECTS and 4IR JOURNEY web sites from any other source shall be directed at the home page of the SADICO PROJECTS web site. SADICO PROJECTS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SADICO PROJECTS and 4IR JOURNEY web sites, if such content was accessed through a hyperlink not directed at the home page of the 4IR JOURNEY web site. Persons that wish to link to content beyond the home page of the 4IR JOURNEY web site shall do so at their own risk and indemnify 4IR JOURNEY against any loss, liability or damage that may result from the use of content from the 4IR JOURNEY web site, if such content was accessed through a hyperlink not directed at the home page of the 4IR JOURNEY web site. 4IR JOURNEY non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the SADICO PROJECTS and 4IR JOURNEY web sites only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the SADICO PROJECTS and 4IR JOURNEY web sites, in any manner whatsoever, without the prior written consent of 4IR JOURNEY.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the SADICO PROJECTS and 4IR JOURNEY web sites by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SADICO PROJECTS and 4IR JOURNEY web sites for any purposes, without the prior written consent of 4IR JOURNEY.
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 4IR JOURNEY at any time without giving reasons therefore.
3. 4IR Journey Campaign
3.1 Upon acceptance, each Participant will be allocated a username that will be used to identify the user. This username will be used in the identification of the Participant. The Participants will get the following benefits from 4IR Journey.
3.2 Communications with the 4IR Journey participants that are participating will mainly be via email and messaging to the mobile number, with a possible Roadshow that may or may not take place.
4. Intellectual Property Rights & Domain Name Use.
4.1 All intellectual property in the 4IR JOURNEY service provision, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks are the property of or licensed to SADICO PROJECTS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the SADICO PROJECTS and 4IR JOURNEY web sites are expressly reserved.
4.2 SADICO PROJECTS services are intellectual property of SADICO PROJECTS and Users agree not to use the trademarks as an element of a domain name or subdomain name, notwithstanding the fact that such domain name use, or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to SADICO PROJECTS at the cost of the User.
5. Software & Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines, and access accounts required to access the Internet and the SADICO PROJECTS and 4IR JOURNEY web site and/or download content from this web site.
6. Disclosures Required by Section 43 of the ECT Act.
Access to the services, content, software, and content downloads available from the 4IR JOURNEY web site is classified as "electronic transactions" in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and 4IR JOURNEY has the duty to disclose the following information:
6.1 The full name and legal status of the web site owner: SADICO PROJECTS;
6.2 Postal address: 23A Delamore Road, Hillcrest, 3610;
6.3 Physical address for receipt of legal service: 23A Delamore Road, Hillcrest, 3610;
6.4 Main business: The main business of SADICO PROJECTS is detailed at http://www.4irjourney .co.za ;
6.5 The web site address of the SADICO PROJECTS is: http:// www.4irjourney .co.za;
6.6 The official e-mail address of the 4IR JOURNEY web site is: registrations@4irjourney.co.za;
6.7 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owners of the 4IR JOURNEY web site may be viewed on the 4IR JOURNEY site;
6.8 Management: The management profile of SADICO PROJECTS is available by emailing subscriptions@4irjourney.co.za ;
6.9 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
6.9.1 access to the SADICO PROJECTS web sites;
6.9.2 the inability to access the SADICO PROJECTS web sites;
6.9.3 the services and content available from the SADICO PROJECTS web sites; or
6.9.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final, and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
6.10 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do apply to this web site; and
6.11 Users may lodge complaints concerning the SADICO PROJECTS web sites with SADICO PROJECTS at (fax) 0866160840, subscriptions@4irjourney.co.za
7. Changes & Amendments.
SADICO PROJECTS expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
7.1 change these terms and conditions;
7.2 change the content and/or services available from the SADICO PROJECTS web sites;
7.3 discontinue any aspect of the SADICO PROJECTS web sites or service(s) available from the SADICO PROJECTS web sites; and/or
7.4 change the software and hardware required to access and use the SADICO PROJECTS web sites.
8. Privacy
8.1 SADICO PROJECTS shall take all reasonable steps to protect the personal information of Users and 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
8.2 SADICO PROJECTS may electronically collect, store, and use the following personal information of Users:
8.2.1 name and surname;
8.2.2 contact numbers;
8.2.3 non-personal browsing habits and click patterns;
8.2.4 e-mail address; and
8.2.5 IP address.
8.3 SADICO collects, stores and uses the above-mentioned information for the following purposes:
8.3.1 communicate requested information to the User; and
8.3.2 to compile non-personal statistical information about browsing habits, click-patterns, and access to the SADICO PROJECTS web sites.
8.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
8.5 SADICO PROJECTS may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
8.5.1 SADICO PROJECTS shall not disclose personal information from Users unless the User consents thereto;
8.5.2 SADICO PROJECTS shall disclose information without the User’s consent only through due legal process; and
8.5.3 SADICO PROJECTS may compile, use, and share any information that does not relate to any specific individual.
8.6 SADICO PROJECTS owns and retains all rights to non-personal statistical information collected and compiled by SADICO PROJECTS.
9. Hyperlinks to Third Party Sites
9.1 SADICO PROJECTS may provide hyperlinks to web sites not controlled by SADICO PROJECTS (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
9.2 SADICO PROJECTS does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
10. Security
10.1 SADICO PROJECTS shall take all reasonable steps to secure the content of the SADICO PROJECTS web sites and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SADICO PROJECTS does not make any warranties or representations that content shall be 100% safe and secure;
10.2 SADICO PROJECTS is under no legal duty to encrypt any content or communications from and to the SADICO PROJECTS web site and is also under no legal duty to provide digital authentication of any page on the SADICO PROJECTS web site;
10.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SADICO PROJECTS web site or the server and computer network that support the SADICO PROJECTS web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SADICO PROJECTS web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SADICO PROJECTS harmless against any and all liability, damages, and losses SADICO PROJECTS and its partners / affiliates may suffer as a result of such damaging code;
10.4 Users may not develop, distribute, or use any device to breach or overcome the security measures of the Product and SADICO PROJECTS reserves the right to claim damages any and all persons concerned with a security failure or breach; and
10.5 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SADICO PROJECTS and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za
11. Disclaimer & Limitation of Liability
11.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, SADICO (including its directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
11.1.1 access to the SADICO PROJECTS web sites;
11.1.2 access to web sites linked to the SADICO PROJECTS web sites;
11.1.3 inability to access the SADICO PROJECTS web sites;
11.1.4 inability to access web sites linked to the SADICO PROJECTS web sites;
11.1.5 content available on the SADICO PROJECTS web sites;
11.1.6 services available from the SADICO PROJECTS web sites;
11.1.7 downloads and use of content from the SADICO PROJECTS web sites;
11.1.8 any other reason not directly related to SADICO PROJECTS gross negligence.
11.2 The SADICO PROJECTS web sites and services are supplied on an "as is" basis and has not been compiled to meet all the User's individual requirements. Therefore, SADICO PROJECTS and its SADICO PROJECTS are not liable for the accuracy of the information received from the Service provider. The Participant hereby agrees not to hold SADICO PROJECTS liable for any inaccuracies as a result of using the information for any reason.
11.3 Information, ideas, and opinions expressed on the SADICO PROJECTS web site should not be regarded as professional advice or the official opinion of SADICO PROJECTS and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SADICO PROJECTS web site through SADICO PROJECTS.
11.4 SADICO PROJECTS does not make any warranties or representation that content and services available from the SADICO PROJECTS web site will in all cases be true, correct, or free from any errors. SADICO PROJECTS shall take all reasonable steps to ensure the quality and accuracy of content available from the SADICO PROJECTS web site.
11.5 SADICO PROJECTS does not make any warranties or representations that the SADICO PROJECTS web site shall be available at all times. Users acknowledge that the SADICO PROJECTS services may be unavailable due to updates or other causes beyond the reasonable control of SADICO PROJECTS , including, but not limited to virus infection, unauthorised access, power failure or other "acts of God".
12. Removal & Correction of Content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SADICO PROJECTS web site to SADICO PROJECTS undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. Interception of Communications
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SADICO PROJECTS ’ right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the SADICO PROJECTS web site, its staff and employees; and
13.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
14. Entire Agreement & Severability
14.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between SADICO PROJECTS and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SADICO PROJECTS from the User.
14.2 Any failure by SADICO PROJECTS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
15. Agreement in Terms of Section 21 of the ECT Act
The User and SADICO PROJECTS agree that:
15.1 the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the SADICO PROJECTS web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
15.2 data messages (as defined in the ECT Act) addressed by the User to SADICO PROJECTS shall only be deemed to have been received if and when responded to;
15.3 data messages (as defined in the ECT Act) addressed to the User by SADICO PROJECTS shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4  data messages (as defined in the ECT Act) addressed by the User to SADICO PROJECTS shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SADICO PROJECTS ; and
15.6 the User agrees and warrants that data messages that are sent to SADICO PROJECTS from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
16. Applicable & Governing Law
Subject to clause 5.13, the SADICO PROJECTS web site is hosted, controlled, and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the SADICO PROJECTS web site, its content, services and these terms and conditions.
17. Legal Costs
SADICO PROJECTS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions