Emex B-BBEE Management System - Since 2005



 Terms and Conditions

Emex developed a tool that assists you in identifying the documents
you require for the B-BBEE audit.
It is called the "Document Wizard".

Login - Click Here
Login

 
 
Welcome to Emex's website. These Terms of Use are deemed to have been accepted by you should you use the website. The Terms of Use govern your use of the website.
The terms of use set out below apply to this website.


When you use the website you are deemed to have agreed to all of these terms of use governing the website.


Please check the website regularly for changes. The terms of use may change from time to time and without notice. The terms displayed at the time that you use the website will govern your use of the website.

Please address any comments or inaccuracies contained in the website to Emex at clientliaison@emex.co.za


1.    Nature of website contents

  • Information contained on the website is intended to serve as general information on the chosen subjects and not as an exhaustive treatment of those subjects.

  • Calculations which may be displayed on the website are intended for the convenience of clients, may be approximations, and are intended only as guidelines. Should you wish to rely on any calculation you are advised to check the calculations before using them as Emex will not be liable for any inaccuracy in the calculation.

  • Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Emex provides a link to a third party website does not necessarily mean that Emex endorses, authorises, or sponsors that website, or that Emex is affiliated to such website's owners or sponsors. 

  • The content on any websites which may be accessed from a Emex website is not under Emex’s control and Emex will not be held responsible or liable for any content displayed on a third party website.

  • The content or information displayed on a Emex website or any third party website which may be accessed through links provided on the Emex website is not intended as advice but merely as information. Before making any decision or taking any action based on any information displayed on the Emex website or any such third party website that may affect your personal finances or business, it is recommended that you first obtain appropriate professional advice.

2.    No warranties 
The content of the website is provided without any express or implied warranty of any kind whatsoever. In particular, Emex does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.

3.    Restricted use 
Unless otherwise specified, all information, products, and services displayed on or accessed through the website are for your personal and non-commercial use only. You may not -

  • Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website - unless you have Emex’s prior written authorisation;

  • Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;

  • Post on or transmit to the website content of an unlawful nature, for example: (a) contents that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) that could damage Emex’s image or impair its ability to do business; 

  • Use the website in a manner that could damage, disable, overburden, or impair any Emex server, or network connected to any Emex server, or interfere with any other party's use of the website; 

  • Interfere with any content displayed on the website or attempt or gain unauthorised access to the information displayed on the website to which you may not be authorised, to any secure area on the website, a Emex server or any other part of the Emex information system. Any attempt, whether successful or unsuccessful to interfere with the information displayed on the Emex website or to gain access to information or any part of the Emex information system to which you are not authorized is unlawful and constitutes an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002. 

  • Create a link from another website to the website or any of the web pages which constitute the website without Emex’s prior written authorisation;  

  • Frame the website or any of its pages without Emex’s prior written authorisation.

4.    Electronic transactions, communications, and records

  • When you visit the website or send email to Emex you consent to receiving communications from Emex electronically. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Emex satisfy any legal requirement that such communications should be in writing.

  • You accept the risks inherent in electronic communication in whatever form.

  • You authorise Emex to act on the information communicated to Emex electronically. You are responsible to ensure that Emex has received the information communicated electronically.

  • You acknowledge and agree that Emex, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Emex will constitute rebuttable proof of the content of the records. 

  • Any email communication sent to you will be deemed to have been received by you where it enters an information system outside of the control of Emex.

5.    User ID and password


If you subscribe to a service or product provided on the website you may be required to choose a user id and/or password. You are entirely responsible for –

  • Maintaining the confidentiality of your password;

  • All activities that occur in your account, either with or without your knowledge;

  • Notifying Emex immediately of any unauthorised use of your user id and/or password or any other breach of security; 

  • For losses incurred by Emex or a third party due to someone other than you using your user id and/or password.

6.    Privacy policy 

Your privacy is important to Emex. Personal information transmitted to Emex will be treated in accordance with Emex’s Privacy Policy.


7.    No liability

  • Emex will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the website by you.

  • Emex will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.

8.    Warranties provided by you
For all purposes, and in particular for purposes of 6 above, you warrant –

  • Your identity (that is, you are who you say you are), and that you can prove your identity should Emex require you to do so;

  • That all information you provide at any time to Emex via the website, in writing, or to Emex call centre staff will in all respects be current, complete, and accurate;

9.    Intellectual property rights

  • The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Emex.

  • As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Emex or the licensor's prior written permission.

10.    Breach 
Emex reserves the right to -

  • Refuse you further access to the website if (a) you breach any of the terms of use applicable from time to time; (b) Emex is unable to verify or authenticate any information you provide to it; or (c) Emex believes that you are conducting activities that are illegal, abusive, attack the integrity of the website, or may place Emex in disrepute;

  • Refer any breach to the police if such breach constitutes a crime;

  • Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.

11.    Indemnity 
You agree to indemnify and hold harmless Emex and its respective trustees, officers, employees, suppliers, and any third party information providers from and against all losses and expenses (including attorney-and own client costs), resulting from any failure to adhere to these terms of use by you.

12.    Jurisdiction and applicable law

  • Your use of the website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the Magistrate Court.

  • Any claim arising from –

    •  The use or inability to use the website; 

    • An application for, and the rendering of a service or providing of a product, 

Is subject to the laws of the Republic of South Africa - in respect of both the basis of the claim and the law relating to procedure and evidence.


  • All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client. 
13.    Permissions 
To obtain authorisation from Emex as provided for herein, please address the request to webmaster@emex.co.za.


 
Copyright © 2004-2009, Emex Trust