1. TERMS AND CONDITIONS
1.1. This website (the “MIDP-SA Website”), is administered and maintained by Humanitarian Development Alliance SA (HUDA-SA).
1.2. By viewing, retrieving or using any of the information and/or material and/or functions and/or The MIDP-SA Cloud Application, found on or associated with the MIDP-SA Website (the “Online Services”), you acknowledge that you have read and agree to be bound by, and comply with, the following terms and conditions (the “Agreement”).
1.3. If you do not agree to this Agreement, you may not access or otherwise use the MIDP-SA Website or the Online Services.
1.4. MIDP-SA administrators expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria, information on the MIDP-SA Website without prior notice and may, in its sole discretion, change the terms and conditions of using the MIDP-SA Website at any time without prior notice.
1.5. Updates and/or amendments, in terms of this Agreement, do not require prior written notice. It is your responsibility to continually review this Agreement.
1.6. Your continued use of the MIDP-SA Website constitutes your acceptance of any modification, changes or revisions to this Agreement.
1.7. Updates and/or amendments shall take effect as of the date of its posting.
1.8. This Agreement cannot be amended without the administrators of MIDP-SA’s consent thereto.
2.1. You may not interfere with the proper functioning of the MIDP-SA Website and may not attempt to circumvent, hack or tamper with the security features of the MIDP-SA Website or knowingly or negligently access or use the MIDP-SA Website in a manner that abuses or disrupts the network, security system or Online Services of the MIDP-SA Website.
2.2. In terms of Section 86 of the Electronic Communications and Transactions Act, Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of the MIDP-SA Website or to otherwise interfere with the proper functioning thereof.
2.3. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to the MIDP-SA Website or attempts to gain unauthorised access to any page on the MIDP-SA Website shall be held criminally liable, and in the event that MIDP-SA should suffer any damage or loss, civil damages will be claimed.
2.4. You may not attempt to gain access to any Online Services through unauthorised means.
2.5. You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the MIDP-SA Website.
2.6. Any information or data found on the MIDP-SA Website shall not be construed as an offer to do business and shall merely be an invitation, by you, to do business which requires the acceptance of such offer by MIDP-SA.
2.7. It is your responsibility to ensure that:
2.7.1. The device you use to access the MIDP-SA Website meets all the technical specifications necessary to be compatible with, and allow property use of, the MIDP-SA Website.
2.7.2. Adequate safeguards and virus checks are implemented on the device you use to access the MIDP-SA Website to sufficiently protect the safety and reliability of data input and output relating to the MIDP-SA Website.
2.8. MIDP-SA may, at its discretion, restrict you from access to various information or Online Services of the MIDP-SA Website.
2.9. If you select, or are provided with security mechanisms relating to the MIDP-SA security program, such as a user ID and/or password and/or personal identification numbers (“User Identification Information”), to be used in conjunction with any Online Service and/or The MIDP-SA Cloud Application, you shall treat such information as confidential and shall not disclose it to any third party. MIDP-SA reserves the right to disable your User Identification Information if, in MIDP-SA’s opinion, you have failed to comply with this Agreement.
2.10. You shall not, while using the MIDP-SA Website:
2.10.1. Transmit or post any material that is deemed abusive, harassing, obscene, slanderous or unlawful.
2.10.2. Transmit or post any unauthorised advertisement, junk mail or spam.
2.10.3. Transmit or post any material that may infringe the intellectual property rights or other rights of MIDP-SA or any third party.
2.10.4. Transmit or post any material that is harmful to computer code or contains software viruses.
2.10.5. Harvest, collect or gather data pertaining to other users or User Identification Information.
3. COPYRIGHT AND INTELLECTUAL PROPERTY
3.1. All content on the MIDP-SA Website, including but not limited to the text, software, photographs and graphics, are protected by copyright owned by MIDP-SA or its licensors.
3.2. You acknowledge that MIDP-SA or its licensors retain all proprietary right, title and interest in and to, or received in connection with, the MIDP-SA Website and shall include all modifications, enhancements, derivative works, configurations, translations and upgrades thereto.
3.3. Subject to the rights afforded to you herein, all other rights to all intellectual property on the MIDP-SA Website are expressly reserved. Nothing in this Agreement shall give you any rights in respect of any intellectual property owned by MIDP-SA or its licensors.
3.4. You may not use or in any way exploit MIDP-SA’s name, trademarks, logos or other proprietary marks or any content of the MIDP-SA Website, in whole or in part, except as provided in this Agreement.
3.5. You may not download any information from the MIDP-SA Website for commercial use or unlawful purposes.
3.6. You acknowledge that you do not acquire any ownership rights by downloading from the MIDP-SA Website.
4. ELECTRONIC COMMUNICATIONS
4.1. When you visit the MIDP-SA Website and during that visit complete a web form to request information or when you send an e-mail to MIDP-SA, and do not explicitly request a non-electronic communication medium, you consent to receiving communications from MIDP-SA electronically and agree that all agreements, notices, disclosures and other communications sent by MIDP-SA satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
4.2. Any electronic communication or material you transmit to MIDP-SA, including but not limited to any questions, comments, suggestions or the like, will be treated as non-confidential unless the contrary is expressly agreed in writing.
4.3. Any electronic communication by MIDP-SA, intended solely for the use of an intended recipient, shall be regarded as confidential.
4.4. The views expressed in any electronic communications transmitted by MIDP-SA are those of the individual sender, unless the context clearly provides otherwise.
4.5. No data message shall be deemed to have been received by MIDP-SA until the complete data message enters the MIDP-SA electronic mail server and is capable of being retrieved and processed by the addressee.
5.1. While MIDP-SA endeavours to ensure that the information and/or Online Services are accurate, secret and complete,
MIDP-SA DOES NOT:
5.1.1. Warrant or guarantee the accuracy, reliability or completeness of the information published on the MIDP-SA Website.
5.1.2. Warrant or guarantee that the MIDP-SA Website shall operate timely, continuously, without interruptions or be error-free.
5.1.3. Warrant or guarantee that the Information and/or Online Services are free of infection, virus or other code that has contamination or destructive properties.
5.2. MIDP-SA shall not disclose any User Identification Information to third parties without obtaining your prior consent. However, MIDP-SA shall not be prohibited from making such information available within its group of organisations or to its marketing agents for marketing purposes.
6. The MIDP-SA Cloud Application
6.1. MIDP-SA provides a secure online portal known as MIDP-SA, which enables you to access and manage your account with MIDP-SA. You may only have 1 (one) MIDP-SA account which shall be linked to 1 (one) MIDP-SA Cloud Application.
6.2. Your use of the MIDP-SA service is subject to your creation, and MIDP-SA’s approval, of the account.
6.3. All information provided by you or on your behalf must be current, complete and accurate; and you are responsible for keeping such information updated.
6.4. The turnaround time for applications and registration to MIDP-SA is not guaranteed.
6.5. The MIDP-SA Cloud Application is accessed using your personal User Identification Information provided by MIDP-SA or selected by you. It is your responsibility to ensure that you maintain the confidentiality of your User Identification Information.
6.6. You agree to immediately notify MIDP-SA of any unauthorised use of your User Identification Information. Unauthorised use may be reported to MIDP-SA directly.
6.7. MIDP-SA reserves the right to restrict or limit your access to the MIDP-SA Website as well as the right to review your account to confirm compliance with this Agreement, and to terminate or suspend your access due to misuse.
6.8. MIDP-SA shall be entitled to monitor your use of the Online Services and may view, access or modify your MIDP-SA account for the purpose of providing (i) the Online Services, (ii) as directed or instructed by you, and/or (iii) for compliance with MIDP-SA policies, applicable law, regulation, or governmental request.
6.9. MIDP-SA only collects personal information when you provide such information voluntarily. The collected personal information is stored in databases to which access is strictly controlled and is made available only to staff who need to have access to such information in the course of their duties.
6.10. No personal information about a user will be disclosed to third parties without the user’s permission or due process.
6.11. By using this MIDP-SA Website Site, you consent to the following:
6.11.1. MIDP-SA may use your personal information to communicate with the user from time to time.
6.11.2. MIDP-SA may use your information for non-personal statistical purposes.
6.11.3. MIDP-SA processing your own personal and other study-related information through your MIDP-SA account.
6.12. You are solely responsible for
the configuration of your MIDP-SA account,
the operation, performance and security of your computer system, device, network and other computing resources used to connect to the MIDP-SA Website,
ensuring you exit or log off from the MIDP-SA Website, the Online Services as well as your MIDP-SA account at the end of each session and
maintaining the confidentiality of your User Identification Information.
6.13. MIDP-SA reserves the right to suspend or terminate this Agreement if you share any User Identification Information among any other unauthorised person. You will notify MIDP-SA immediately of any unauthorised use of The MIDP-SA Cloud Application or any other breach of security.
6.14. MIDP-SA will not be liable for any loss that you may incur as a result of a third party using your User Identification Information or MIDP-SA account, and you may be held liable for any costs and/or losses incurred by MIDP-SA and/or another party due to such third party use of your User Identification Information or MIDP-SA account.
7.1. MIDP-SA shall not be liable to you or to any other person for any indirect, consequential or incidental loss or other damages, whether direct or indirect, arising out of or relating to:
loss of data,
loss of income,
loss of opportunity,
costs of recovery or any other damages, however caused.
7.2. The material found on the MIDP-SA Website is intended for general information purposes only and is not intended to serve as educational or other advice.
7.3. To the maximum extent possible under the applicable law, MIDP-SA disclaims liability for any claim, loss, injury or damage arising out of or in connection with the use of the information and/or Online Services and/or The MIDP-SA Cloud Application available from or through the MIDP-SA Website.
7.4. There may be security, transmission or other risks associated with the use of the Online Services and you expressly agree to assume any and all such risks.
7.5. Commentary and/or other material posted on the MIDP-SA Website by third parties are not the opinions or actions of MIDP-SA and should be construed as such.
7.6. Where the MIDP-SA Website provides hyperlinks to external third party websites, such hyperlink does express or imply MIDP-SA’s endorsement of the material on such website or any association with its operators. MIDP-SA disclaims any responsibility for the materials contained in such linked websites.
7.7. Information, ideas and opinions expressed on this MIDP-SA Website should not be regarded as professional advice or the official opinion of MIDP-SA unless the contrary is expressly indicated.
7.8. MIDP-SA does not screen the content found on the MIDP-SA Website and does not accept any liability for illegal, defamatory or obscene content.
8.1. This Agreement shall commence when the user starts using the MIDP-SA Website, Online Service and/or The MIDP-SA Cloud Application and continues indefinitely until terminated by MIDP-SA.
8.2. The rights granted to you under this Agreement shall terminate immediately upon your breach of any of the provisions of the Agreement.
8.3. Upon termination of the Agreement for any reason, you will immediately discontinue all access and use of the MIDP-SA Website, Online Service and The MIDP-SA Cloud Application. MIDP-SA has no obligation to maintain your User Identification Information and/or your MIDP-SA account following termination and, in any event, will destroy or delete your User Identification Information and/or MIDP-SA account within 30 (thirty) days of termination.
9.1. The provisions of this Agreement shall be individually severable. Should any provisions be found by a court, of competent jurisdiction, to be invalid or unenforceable for any reason the remaining provisions shall remain binding and of full force and effect.
9.2. Any failure by MIDP-SA to exercise or enforce any right or provision of the Agreement shall in no way constitute a waiver of such right or provision.
10. GOVERNING LAWS
10.1. The MIDP-SA Website is hosted, controlled and operated from the Republic of South Africa, therefore the provisions of this Agreement shall be solely and exclusively governed by, and interpreted in accordance with, the law of the Republic of South Africa.
10.2. For the purpose of jurisdiction, you acknowledge and agree that this Agreement is concluded at HUDA-SA’s head office in Durban, Kwazulu Natal.
10.3. 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, the Republic of South African law will apply and the appropriate courts of the Republic of South Africa will have jurisdiction.
12.1. You may not assign your rights or delegate your duties under this Agreement either in whole or in part without MIDP-SA’s prior written consent. Any attempted assignment without such consent shall be void.
13. GENERAL TERMS
13.1. Captions and headings are used herein for convenience only, are not a part of this Agreement, and shall not be used in interpreting or construing this Agreement.
13.2. No party will be responsible for any delay, interruption or other failure to perform under this Agreement due to vis major events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Vis major events may include: natural disasters; wars; terrorist activities, activities of local exchange carriers, telephone carriers, wireless carriers and Internet service providers; labour disputes; and acts of government.
14. DOMICILIUM AND INFORMATION DISCLOSURE
14.1. MIDP-SA is administered by HUDA-SA who 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, 116 Witch-Hazel Avenue, Highveld Technopark, Centurion 0157.
14.2. The following information is disclosed in terms of Section 43 of the Electronic Communications And Transactions Act, Act 25 of 2002:
Name: Humanitarian Development Alliance SA (HUDA-SA)
Registration number: A Project of Charity and Welfare Foundation PBO 930 018 638 | NPO 048-441
Business address: Unit 6, 1st Floor, Kulsums Centre, 37 Barns Road, Sydenham, Durban, 4001, Kwazulu Natal.
Telephone: +27 31 271 3049
MIDP-SA Website address: www.midp.co.za
MIDP-SA Cloud Application address: https://cloud.midp.co.za
E-mail address: email@example.com