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TERMS AND CONDITONS
In terms of Section 11 of the Electronic Communications and Transactions (ECT)
Act 25 of 2002 and the common law of contract, these terms and conditions are
valid, binding and enforceable against all persons that access the Grindrod Bank
website or use the service through the Grindrod Bank website or any part
thereof. If you do not agree to be bound by these terms and conditions, you must
leave the Grindrod Bank website(s) immediately as further use will automatically
bind you to these terms and conditions.
DEFINITIONS AND INTERPRETATION
1. “Grindrod” means Grindrod Bank Limited, registration number 1994/007994/06
of 5 Arundel Close, Kingsmead Office Park, Durban, 4001;
2. “Website” means the Grindrod Bank website available at
www.grindrodbank.co.za, including the content and service(s) available on
and through the website and any page, part or element thereof;
3. “User” means any person who enters or uses the Website;
4. References herein to the singular includes the plural and vice versa; and
5. Hyperlinks herein to legal documents should be deemed part of these terms
and conditions in terms of section 11(3) of the ECT Act. The fact that some
or all of the hyperlinks may, from time to time, be non-operational, shall
not affect the validity and interpretation of these terms and conditions.
1. ALLOWED USE AND LICENSE
1. Grindrod licenses the User to view, download, and print the content of the
Website provided that such use is for private, personal, educational,
and/or non-commercial purposes only.
2. Content from the Website may not be used or exploited by Users for any
commercial and non-private purposes without the prior written consent of
Grindrod.
3. Users may only access, browse and use the Website for legitimate personal
or commercial purposes and may not use the Website for:
1. Harmful purposes;
2. Illegal purposes;
3. Disclosing, sharing or publishing material that may be offensive,
defamatory, regulated, copyrighted, incorrect, untrue, prohibited,
infringing or damaging to any person; and/or
4. The creation, storage and sending of unsolicited commercial
communications.
4. The caching of the Grindrod website shall only be allowed if:
1. The purpose of the caching is to make the onward transmission of the
content from the Website more efficient;
2. The cached content is not modified in any manner whatsoever;
3. The cached content is updated at least every 12 (twelve) hours; and
4. The cached content is removed or updated when so required by Grindrod.
5. If any User uses content from the Grindrod website in breach of the
provisions detailed herein:
1. Grindrod reserves the right to claim damages from the User;
2. Grindrod reserves the right to institute criminal proceedings against
the User; and
3. Grindrod 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.
6. Hyperlinks to the Website from any other source shall be directed at the
home page of the Website. Links beyond the Grindrod home page may only be
used with Grindrod’s prior written consent.
7. Grindrod shall not be liable, in any manner whatsoever, for any damage,
loss or liability that resulted from the use of content, products or
services available from the Website, if such content, products or services
was accessed through a hyperlink not directed at the home page of the
Website. Persons that wish to link to pages beyond the home page of the
Website without Grindrod’s prior written consent shall do so at their own
risk and indemnify Grindrod against any loss, liability, or damage that may
result from the use of such hyperlinks. Grindrod’s non-liability for deep
linking is because deep links bypass these terms and conditions.
8. Users may quote small and reasonable amounts of content available from the
Grindrod website, subject to such a quote being placed in inverted commas
and acknowledged.
9. No person may, without the prior written consent of Grindrod, frame the
Website in any manner whatsoever.
10. Apart from bona-fide search engine operators and use of the search facility
provided on the Website by Users, no person may use or attempt to use any
technology or applications (including web crawlers, robots or web spiders)
to search, collect or copy content from the Website for any purpose
whatsoever, without the prior written consent of Grindrod.
11. Email addresses, names, telephone numbers, and fax numbers published on the
Website may not be incorporated into any database used for electronic
marketing or similar purposes. No permission is given or should be implied
that information on the Website may be used to communicate unsolicited
communications to Grindrod and all rights detailed in section 45 of the ECT
Act are reserved.
12. 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 Grindrod at any time without prior notice or
reasons.
2. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property on the Website, including but not limited to
content, trademarks (or any confusingly similar trademarks), trade names,
logos, pictures, video, downloads, domain names, patents, design elements,
software, source code, meta tags, databases, text, graphics, icons and
hyperlinks are the property of or licensed to Grindrod and as such, are
protected from infringement by domestic and international legislation and
treaties. Subject to the rights licensed to the User in section 2, all other
rights to intellectual property on the Website are expressly reserved.
2. No person shall amend, copy, use, decompile and/or reverse engineer the
source code of the Website.
3. No person may use logos, icons, or trademarks from the Website as hyperlinks
or other purposes without Grindrod’s prior written consent.
3. SOFTWARE AND EQUIPMENT
1. It is the responsibility of the User to acquire and maintain, at his/her own
expense, the necessary computer hardware, software, communication lines and
Internet access accounts required to access the Internet and the Website
and/or download content from the Website.
4. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to and use of the Website may be classified as “electronic transactions”
as defined in terms of the ECT Act and therefore Users have the rights detailed
in Chapter 7 of the ECT Act and Grindrod has, amongst others, the duty to
disclose the following information:
1. The full name and legal status: Grindrod Bank Limited;
2. Registration number: 1994/007994/06
3. Physical address: 20 Kingsmead Boulevard, Kingsmead Office Park, Durban,
4001.
4. Postal address: PO Box 3211, Durban, 4000.
5. Telephone number: +27 (0) 31 333 6600
6. Fax number: +27 (0) 31 571 0505
7. Website address: http://www.grindrodbank.co.za
8. Email address: grindrod@grindrod.co.za
9. Physical address for receipt of legal service: 5 Arundel Close, Kingsmead
Office Park, Durban, 4001.
10. Alternative dispute resolution: Subject to urgent and/or interim relief,
all disputes regarding:
1. access and use of the Website;
2. the inability to access the Website;
3. the services and content available from the Website; or
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 Durban 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.
11. Complaints: info@grindrodbank.co.za
12. Cooling off rights: The cooling-off provisions detailed in section 44 of
the ECT Act may apply to the services available on the Website.
5. CHANGES AND AMENDMENTS
1. Grindrod reserves the right, in its sole and absolute discretion, to do any
of the following, at any time without prior notice or justification:
1. change these terms and conditions;
2. change the content and/or service available from the Website;
3. discontinue any aspect of the Website or service(s) available from the
Website; and/or
4. change the software and hardware required to access and use the Website.
5. Privacy
2. Grindrod 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).
3. Grindrod may electronically collect, store and use the following personal
information of Users:
1. Name and surname;
2. Area code;
3. Street address;
4. Postal address;
5. Title;
6. Contact numbers;
7. Non-personal browsing habits and click patterns;
8. E-mail address; and / or
9. IP address.
4. Grindrod collects, stores and uses the abovementioned information for the
following purposes:
5. Communicate requested information to the User;
6. Provide services to the User as requested by the User;
7. Authenticate the User;
8. Provide the User with access to restricted pages on this website; and / or
9. Compile non-personal statistical information about browsing habits,
click-patterns, and access to the Website.
1. Grindrod shall not disclose personal information from Users unless the
User consents thereto;
2. Grindrod shall disclose personal information without the User’s consent
only through due legal process; and
3. Grindrod may compile, use and share any information that does not relate
to any specific individual.
10. Grindrod owns and retains all rights to non-personal statistical
information collected and compiled by Grindrod.
7. HYPERLINKS TO THIRD PARTY PAGES
1. Grindrod may provide hyperlinks to websites not controlled by Grindrod
(“target sites”) and such hyperlinks do not imply any endorsement, agreement
on or support of the content, products, and/or services of such target
sites.
2. Grindrod does not editorially control the content, products and/or services
on target sites and shall not be liable, in any manner whatsoever, for the
access to, inability to access, use, and inability to use or content
available on or through target sites.
8. SECURITY
1. Grindrod shall take all reasonable steps to secure the content of the
Website and the information provided by and collected from Users from
unauthorised access and/or disclosure. However, Grindrod does not make any
warranties or representations that content shall be 100% safe or secure.
2. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if
applicable, Grindrod is under no legal duty to encrypt any content or
communications from and to Users and is also under no legal duty to provide
digital authentication of any pages on the Website.
3. Users may not deliver or attempt to deliver, whether on purpose or
negligently, any damaging code, such as computer viruses, robots or spy
ware, to the Website or the server and computer network that support the
Website.
4. Notwithstanding criminal prosecution, any person who delivers or attempts to
deliver any damaging code to the Website, whether on purpose or negligently,
shall, without any limitation, indemnify and hold Grindrod harmless against
any and all liabilities, damages, risks and losses that Grindrod and its
partners / affiliates may suffer as a result of such delivery, attempt or
damaging code.
5. Users may not develop, distribute, or use any device or programme designed
to breach or overcome the security measures of the restricted pages,
products and services on the Website and Grindrod reserves the right to
claim damages from any and all persons involved, directly and indirectly, in
the development, use and distribution of such devices or programmes.
6. Users who commit any of the offences detailed in sections 85 to 88 of the
ECT Act shall, notwithstanding criminal prosecution, be liable for all
resulting liabilities, losses, destruction or damages suffered and/or
incurred by Grindrod and its partners / affiliates due to or related to
these illegal actions.
9. DISCLAIMER AND LIMITATION OF LIABILITY
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, Grindrod (including its owners,
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:
1. access to the Website; access to and use of the service;
2. access to websites linked to the Website;
3. inability to access the Website or use the service;
4. inability to access websites linked to the Website;
5. content available on the Website;
6. services available from the Website; or
7. any other reason not directly related to Grindrod’s gross negligence.
2. The Grindrod website is supplied on an "as is" basis and has not been
compiled to meet the User's individual requirements. It is the
responsibility of the User to satisfy himself or herself, prior to entering
into this agreement with Grindrod, that the content available from and
through the Website meet the User's individual requirements and is
compatible with the User's computer hardware and/or software.
3. Information, ideas and opinions expressed on the Website should not be
regarded as professional advice or the official opinion of Grindrod and
Users are encouraged to consult professional advice before taking any course
of action related to the information, ideas or opinions expressed on the
Website.
4. Grindrod does not make any warranties or representation that content and
services available from the Website shall in all cases be true, correct or
free from any errors. Grindrod shall take all reasonable steps to ensure the
quality and accuracy of content available from the Website.
5. Grindrod does not make any warranties or representations that the Website
shall be available at all times. Users acknowledge that the Website may be
unavailable due to updates or other causes beyond the reasonable control of
Grindrod, including, but not limited to virus infection, unauthorised access
(hacking), power failure or other “acts of God.”
6. The Website and the service are provided “as is” and no warranties, implied
or express, are given or implied.
10. REMOVAL AND CORRECTION OF CONTENT
1. Users are encouraged to report untrue, inaccurate, defamatory, illegal,
infringing, and/or harmful content available from the Website to Grindrod
and Grindrod 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.
11. INTERCEPTION OF COMMUNICATION
1. Subject to the provisions of the Regulation of Interception of
Communications (RIC) Act 70 of 2002, the User agrees to Grindrod’s right to
intercept, block, filter, read, delete, disclose and use all communications
(including all “data messages” as defined in the ECT Act) send or posted by
the User to the Website, its staff and employees.
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.
12. ENTIRE AGREEMENT AND SEVERABILITY
1. These terms and conditions constitute the entire agreement between Grindrod
and the User and shall take precedent over any disclaimers and/or legal
notices attached to any communications and/or postings received by Grindrod
from the User.
2. Any failure by Grindrod to exercise or enforce any right or provision shall
in no way constitute a waiver of such right or provision.
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.
13. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and Grindrod agree that:
1. the User shall be bound to these term and conditions and such agreement is
concluded in Durban (South Africa) at the time the User enters the Website
for the first time;
2. data messages (as defined in the ECT Act) addressed by the User to Grindrod
shall only be deemed to have been received if and when responded to;
3. data messages (as defined in the ECT Act) addressed to the User by Grindrod
shall be deemed to be received by the User as detailed in section 23(b) of
the ECT Act;
4. data messages (as defined in the ECT Act) addressed by the User to Grindrod
shall be deemed to have been created and sent by the User from within the
geographical boundaries of South Africa;
5. electronic signatures, encryption and/or authentication is not required for
valid electronic communications between the User and Grindrod; and
6. the User agrees and warrants that data messages that are sent to Grindrod
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.
14. APPLICATION AND GOVERNING LAW
1. The Grindrod Website is hosted, controlled and operated from the Republic of
South Africa and therefore, subject to clause 5 the South African law
enforced by the South African courts governs the use or inability to use the
Website, its content, services, products and these terms and conditions.
15. LEGAL COSTS
1. Grindrod shall not be liable for costs incurred by Users to obtain
professional advice relating to these terms and conditions.
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