Terms & Conditions

These terms and conditions of use apply to the Bytes Technology GroupTM (Proprietary) Limited (“Bytes”) web site located at www.btgroup.co.za and at www.bytes.co.za, as well as to all sites of Bytes subsidiaries around the world linked to www.btgroup.co.za or www.bytes.co.za by Bytes (collectively, the “Site” or “Bytes Site”).

By accessing and/or using this Site, you (“You” or “User”) agree to these terms and conditions, as may be amended from time to time. As long as You comply with these terms and conditions, Bytes grants You a personal, non-exclusive, non-transferable, limited right to use this Site.

Copyright
Copyright 2007-2010 reserved to Bytes. All rights not expressly granted are reserved. Unauthorised copying, use and distribution of this Site and its contents are prohibited.
Users may download, view and print the content of this Site for personal and non-commercial purposes only.
Bytes cannot screen or edit all the content available from the Bytes Site and does not accept any liability for any illegal, defamatory or obscene content. Users are encouraged to inform Bytes of any content that may be offensive or illegal.

Intellectual property rights
All the content, intellectual property (including but not limited to trade marks) and data on this Site, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or legally licensed to or legally accessed by Bytes and as such are protected from infringement by local and international legislation, treaties and agreements.

Hyperlinks
No person, business or website may link to any page on this Site without the prior written permission of Bytes.
Hyperlinks provided on this Site to non-Bytes Sites are provided as is and Bytes does not agree with, edit, endorse, or support the content on such web pages.

Disclaimer
Neither Bytes nor any of its employees, directors or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided through this Site. Bytes’ makes no representations or warranties, implied or otherwise, that the content and the technology available from this Site are free from errors or omissions or that the service will be uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Bytes.

This 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 him-, her-, or itself prior to entering into an agreement with Bytes that the services and/or products available from and through this Site will meet the User’s individual requirements.

Information provided on the Site is intended for general information purposes and as such the correctness of such information is not warranted. The User should request specific confirmation of the accuracy of any information it wishes to rely upon.

Privacy
This Site may electronically collect, store and use certain personal information from Users for the purpose of communicating requested information to those Users, registration and/or authentication of those Users, to compile certain non-personal statistical information and to gain a better understanding of those Users, Bytes’ customers and other stakeholders. Bytes shall use reasonable commercial endeavours to ensure the security and integrity of all data gathered from Users, stored and used on the Site in accordance with current legal requirements. Such information shall not be disclosed to any third party unless agreed upon between the User and Bytes or through due legal process. Users agree that Bytes may from time to time communicate with Users. In the event that a User agrees to Bytes sending him marketing and other material and information as offered by Bytes on the Site, Bytes shall only send such material and information as requested by the User and shall, upon being advised by the User that it does not wish to receive such material or information, act on such instruction and promptly cease to send such material or information.

Security
Any person that delivers or attempts to deliver any malicious or damaging code to this Site or attempts to gain unauthorised access to any page on this Site may be prosecuted and damages may be claimed in the event that Bytes suffers any damage or loss.

Amendments
Bytes may, in its sole discretion, change, modify, add or remove these terms and conditions or any part thereof at any time without prior notice.

It is the User’s responsibility to check these terms and conditions periodically for changes.

Governing law and place of agreement
This Site is hosted, controlled and operated from the Republic of South Africa and therefore South African law shall govern the use of this Site and/or any agreement flowing therefrom, without regard to its conflicts of law principles.

The agreement constituted by the User’s acceptance of these terms and conditions of use shall be deemed to be concluded in Johannesburg, South Africa at the time that the User first enters the Site.

Information in terms of Section 43(1) of the Electronic Communications and Transactions Act
In the event that the User is an individual and Bytes offers him goods or services for sale, hire or exchange by way of electronic transactions from, by or through the Site, Bytes makes the following information available to the User, in terms of Section 43(1) of the Electronic Communications and Transactions Act, no. 25 of 2002 as amended (“the Act”) –

Full name: Bytes Technology Group (Proprietary) Limited and its world-wide subsidiaries. Legal status: registered private company.

Physical address: Bytes House, The Avenues North, 6 Mellis Road, Rivonia, South Africa. Telephone number: +27 11 236 9500

Web-site address: www.btgroup.co.za or www.bytes.co.za. E-mail address: carol.mendace@bytes.co.za.

Membership of any self-regulatory or accreditation bodies to which Bytes belongs or subscribes and the contact details of that body: none.

Code of conduct to which Bytes subscribes and how that code may be accessed electronically by the User: corporate codes of conduct of Bytes and its holding company, Allied Electronics Corporation Limited are available on the annual reports and/or website of each.

Registration number: 1911/003874/07 Names of directors: Dr WP Venter (Chairman)*, RE Venter*, RJ Abraham (Chief Executive Officer), NR Murphy (British), PR Riskowitz, AMR Smith (British)*- *non executive. Place of registration: Republic of South Africa.

Physical address where Bytes will receive legal service of documents: Bytes House, The Avenues North, 6 Mellis Road, Rivonia, South Africa.

Description of the main characteristics of the goods or services offered by Bytes to enable the User to make an informed decision on the proposed electronic transaction: Bytes provides a broad range of information technology and telecommunications products and services within and outside of South Africa.

Full price of the goods or services, including transport costs, taxes and any other fees or costs: as advised to the User by Bytes on the Site or otherwise.

Manner of Payment: as advised to the User by Bytes on the Site or otherwise.

Any terms of agreement, including any guarantees, that will apply to the transaction and how these terms may be accessed, stored and reproduced electronically by the User: as advised to the User by Bytes on the Site or otherwise.

The time within which the goods will be dispatched or delivered or within which the services will be rendered: as advised to the User by Bytes on the Site or otherwise.

The manner and period within which the User can access and maintain a full record of the transaction: as advised to the User by Bytes on the Site or otherwise.

The return, exchange and refund policy of Bytes: as advised to the User by Bytes on the Site or otherwise.

The alternative dispute resolution code to which Bytes subscribes and how the wording of that code may be accessed electronically by the User: in terms of a separate written agreement with the User, failing which the dispute resolution mechanism in clause 10 of these terms and conditions shall apply.

The security procedures and privacy policy of Bytes in respect of payment, payment information and personal information: Bytes manual in terms of the Promotion of Access to Information Act, 2 of 2000, is downloadable from the Site under the “about Bytes” section. Please also refer to clauses 5 and 6 of these terms and conditions.

Where appropriate, the minimum duration of the agreement in case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently: as advised to the User by Bytes on the Site or otherwise.

The rights of the User in terms of Section 44 of the Act where applicable: “44. Cooling-off period –

A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply – of goods within seven days after the date of the receipt of the goods; or

of services within seven days after the date of the conclusion of the agreement.

The only charge that may be levied on the consumer is the direct cost of returning the goods.

If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.

This section must not be construed as prejudicing the rights of a consumer provided for in any other law.”
The User should kindly visit the Bytes group subsidiary company web sites for details, where he transacts electronically with that group subsidiary company. Visit Bytes’ global contacts list for contact details of Bytes companies world-wide.

Disputes
All disputes in terms of the use of this Site or any agreement flowing therefrom, or relating to the inability to use this Site, will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be held in Johannesburg, South Africa and conducted in the English language.

General
These terms and conditions of use constitute the sole agreement between Bytes and the User and shall cancel, supersede and prevail over all prior web Site terms and conditions of use, web site disclaimers and/or copyright notices between the User and Bytes.

No relaxation or failure by Bytes to exercise or enforce any provision under these terms and conditions shall be or deemed to be a waiver of such provision or any other provision.

If any provision in these terms and conditions is unenforceable or invalid for any reason, such provision shall be severable from the remaining provisions, which shall continue to be enforceable and valid.

In these terms and conditions, references to the masculine shall include the feminine and neuter genders and vice versa, references to the singular shall include the plural and vice versa, and references to a natural person shall include an incorporated or unincorporated body and vice versa, unless the contrary appears from the context.

© Bytes Technology GroupTM (Proprietary) Limited 2007-2010 – all rights reserved