Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions, 2002 (Act 25 of 2002), if applicable,
and as far as allowed by law, NAHDIS (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:
access to the NAHDIS website
access to web sites linked to the NAHDIS website
inability to access the NAHDIS web site
inability to access web sites linked to the website
content available on the NAHDIS web site
downloads and use of content from the NAHDIS website;
any other reason not directly related to NAHDIS gross negligence
The NAHDIS 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 NAHDIS that the content available from and through the
NAHDIS website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
Information, ideas and opinions expressed on the NAHDIS website should not be regarded as professional advice or
the official opinion of NAHDIS and Users are encouraged to consult professional advice before taking any course of action related to the information,
ideas or opinions expressed on the NAHDIS website.
AFS does not make any warranties or representation that content and services available from the NAHDIS website will in all cases be true, correct or free from any errors.
NAHDIS shall take all reasonable steps to ensure the quality and accuracy of content available from the NAHDIS website.
NAHDIS does not make any warranties or representations that the NAHDIS website shall be available at all times.
Users acknowledge that the NAHDIS website may be unavailable due to updates or other causes beyond the reasonable control of NAHDIS,
including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God"..
NAHDIS 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 here.
NAHDIS collects, stores and uses the abovementioned information for the following purposes
Communicate requested information to the User
Provide the User with access to restricted pages on this web site
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
NAHDIS may collect, maintain, save, compile, share, and disclose any information collected from users, subject to the following provisions
NAHDIS shall not disclose personal information from Users unless the User consents thereto
NAHDIS shall disclose information without the User's consent only through due legal process; and
NAHDIS may compile, use and share any information that does not relate to any specific individual
NAHDIS owns and retains all rights to non-personal statistical information collected and compiled by NAHDIS
Terms & Conditions
1.1 AFS is not responsible, in any manner, for the use or misuse of any party's password.
The User understands that by authorising AFS to perform functions or actions on his/her behalf,
the User specifically indemnifies AFS for any claim, liability, damage or loss arising
1.2 “Data” shall mean all information captured by a user, on the system, all information that was submitted as part the agreement,
uploaded to the system by a user and all documents that was generated by the system.
Any transformation of the data by the system is included in the definition of data for the purposes of this document.
Data shall also refer to all information kept on the system relating to users,
the brokerage they linked to and all related information stored on the system regarding the users.
2. Exclusion of warranties and representations
2.1 Due to the nature of the Internet and the inherent difficulties associated with the transmission, exchange and storage of electronic information,
AFS does not make any representations nor does it give any warranty or guarantee of any nature whatsoever in respect of the NADHIS Website,
AFS’s computer network, 3rd party web hosting service providers, computer system, hardware, software or server computers,
or their suitability for any purpose, whether that purpose is notified to AFS or not. Without derogating from the generality of the aforegoing,
AFS does not warrant or guarantee that the NAHDIS Website will be operational and available at any particular time during a certain period,
and the User acknowledges that there are various factors that may cause the NAHDIS Website to be unavailable. Without limitation,
AFS does not guarantee that the information transmitted by and/or available to the User (whether via a third party or otherwise) by way of the NAHDIS Website:
2.1.1 will be preserved or sustained in its entirety
2.1.2 will be suitable for any purpose, including but not limited to a purpose for which the User intends to utilise the NAHDIS Website
2.1.3 will be free of inaccuracies, errors, defects, bugs or viruses of any kind, AFS assumes no liability,
responsibility or obligations in regard to any of the aforegoing exclusions.
3. Information available through NAHDIS
3.1 The User acknowledges that the content of the NAHDIS Website may be changed by AFS in its sole discretion and at any time.
3.2 AFS shall not be liable for direct or indirect loss or damage due to errors, inaccuracies or deficiencies in the content of the NAHDIS Website.
AFS makes no representations or warranties either express or implied, as to the accuracy,
completeness or reliability of information provided and shall not be bound in any manner by such information.
3.3 Notwithstanding anything to the contrary contained in this Agreement,
AFS reserves the right in its absolute discretion and after the receipt by AFS of any complaint from any governmental department,
or any organisation or any other third party that any aspect of the AFS Website is unlawful or
contains information that infringes against any third party's rights in terms of any legislative enactment or regulation in force from time to time,
to immediately remove the offending information or any portion thereof from the NAHDIS Website.
3.4 In order to conduct maintenance, repairs and/or improvements from time to time on the NAHDIS Website or AFS’s computer network,
3rd party web hosting service providers, computer system, hardware, software or server computers,
the provision of the NAHDIS Website may be suspended from time to time,
and all liability on the part of AFS for any loss or damage of whatsoever nature and/or howsoever arising thereby incurred or for any costs;
claims or demands of any nature arising therefrom, is excluded, and the provisions of clause 3.5 shall apply, mutatis mutandis to such exclusion.
3.5 Except as otherwise expressly provided herein to the contrary, AFS shall not be liable to any party for any claim, liability,
loss or damage of whatsoever nature and/or howsoever arising from the use of the NAHDIS Website or this Agreement (including consequential or
incidental loss or damage such as without limitation, loss to property or of profit, business, goodwill,
revenue or anticipated savings) and the User hereby indemnifies AFS against such claims, liabilities, losses or damages.
3.6 The User shall have no claim or right against AFS or the authorised third party in respect of or arising out of the NAHDIS Website or the use,
or failure thereof or any defect therein or damage caused thereby.
3.7 Without derogating from the generality of clause 3.5, AFS shall not be liable for any damage or loss arising from the loss of any of the User's information,
the loss or corruption of any data or the incompatibility of any party's Technology with that of AFS,
save for damage or loss caused by willful conduct or gross negligence by AFS.