The following documents form Accountancy SA’s Terms and Conditions and by accessing part of www.accountancysa.org.za you are deemed to have read and understood these terms in full.

• Terms of Use – This document outlines the main terms of use for the www.accountancysa.org.za website. It includes use of material, general disclaimer, intellectual property rights, and other related areas.
• Privacy Statement – Describes the information that is collected by www.accountancy sa.org.co.za and the use of this information

TERMS OF USE

1. Acceptance of terms of use

The South African Institute of Chartered Accountants and its affiliates (collectively “SAICA”) authorises you to use this website subject to the terms and conditions below (“the Terms and Conditions”). By using this website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this website if you do not agree to the Terms and Conditions.

2. Use of material

• Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials (“materials”) that are part of the SAICA/Accountancy SA website are copyrights, trade marks, trade dress and/or other intellectual properties owned, controlled or licensed by SAICA.
• You may copy, reproduce, frame, hyperlink, republish, upload, post, transmit or distribute any material from this website and recognise SAICA/Accountancy SA for providing the information.
• However, you may download, where specifically permitted one copy of the materials on any single computer for your personal, non-commercial use within your home or organisation only; provided that you keep intact all copyright and other proprietary notices.
• You may not use the SAICA/Accountancy SA logo and name as part of your business or in connection with any goods or services you provide without SAICA/Accountancy SA’s prior written consent.
• You may not use this website to obtain or distribute:
  • copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner of the intellectual property rights in such material;
  • material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
  • material which is defamatory, unlawful or contains hate speech; or bulk e-mail, whether solicited or unsolicited.
• You are strictly forbidden from using any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained herein.
• You must not interfere with or jeopardise the functionality or the operation of any part of this website or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this website.
• You are strictly prohibited from using this website for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”.
• You may not intercept any information transmitted to or from SAICA/Accountancy SA or this website.
• You must respect other users of this website at all times.

3. Information on this website is not advice and should not be relied on by you.

a. SAICA/Accountancy SA has prepared the information contained on this website as a service to its readers and the Internet community.
b. The material contained on this website is for information only and does not constitute advice or a recommendation of any nature.
c. SAICA/Accountancy SA has used reasonable effort in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website or any site or website. By using the information from the SAICA/Accountancy SA website or any link to any other website you do so at your own risk.
d. You acknowledge that any assessment or reflection of the performance of SAICA/Accountancy SA or any other third party does not mean that such performance will be repeated or should be relied upon in any way.
e. Any reference SAICA/Accountancy SA makes to any specific commercial product service or process, (or provider of such product, process or service), by trade name trade mark, hyperlink or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by SAICA/Accountancy SA.
f. Content on the SAICA/Accountancy SA website may be provided by third parties and users. Any opinions, advice, statements, services, office or other information expressed or made available by a third party, including information providers, users or others are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SAICA/Accountancy SA.

4. Change of material

a. Any views or statements made or expressed on this website are not necessarily the views of SAICA/Accountancy SA, affiliates, employees, servants and/or agents.
b. Any of the information on this website may be changed by SAICA/Accountancy SA without notice.
c. SAICA/Accountancy SA reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. Your continued use of the SAICA/Accountancy SA website following the posting of changes to these Terms and Conditions will mean you accept those changes.

5. General Disclaimer

a. SAICA/Accountancy SA provides the materials in the websites “AS IS” and without warranties of any kind either express or implied.
b. While SAICA/Accountancy SA attempts to ensure that the contents of this website are accurate and complete, SAICA/Accountancy SA makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.
c. Any person who relies on this website or on the information contained in this website does so at her own risk.
d. SAICA/Accountancy SA does not warrant that the functions contained in the materials will be uninterrupted or error free, that these sets will be corrected, that the SAICA/Accountancy SA website or the server(s) that make the SAICA/Accountancy SA website available are free of viruses or other harmful components.
e. SAICA/Accountancy SA does not warrant or make any representations regarding the results of the use of the materials in the SAICA/Accountancy SA website in terms of their correctness, liability or otherwise.
f. SAICA/Accountancy SA also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software.
g. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network or your hardware or software.
h. You, not SAICA/Accountancy SA, assume the entire cost of necessary, servicing, repair or correction.
i. To the fullest extent permissible pursuant to applicable law, SAICA/Accountancy SA disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose.
j. SAICA/Accountancy SA does not accept any responsibility for any errors or omissions on this website.

6. Exclusion of liability and Indemnity

a. SAICA/Accountancy SA, its affiliates, subsidiaries, employees, servants and agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the website or any linked websites, even if SAICA/Accountancy SA has been advised of the possibility of such loss, expense, claim or damages.
b. You hereby indemnify SAICA/Accountancy SA, its affiliates, subsidiaries, employees, servants and agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this website.

7. Intellectual Property Rights

a. The contents of this website, including (without limitation) any software, icons, text, links, graphics, images, illustrations, designs, photographs, video clips, sound clips, button icons, advertisements, lay out, arrangements, graphical user interface, look and feel, control features, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of SAICA/Accountancy SA and/or other licensed to SAICA/Accountancy SA.
b. Any unauthorised modification, copying, reproducing, republishing, framing, uploading to third parties, transmitting, distributing or using the contents, information or materials on this website, except as expressly provided in these Terms and Conditions or applicable intellectual property laws, is strictly prohibited.

8. Links to and from this website

a. To the extent that the SAICA/Accountancy SA website contains links to outside services and resources, SAICA/Accountancy SA does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
b. SAICA/Accountancy SA, its affiliates, subsidiaries, employees, servants and/or agents does not endorse and are not responsible or liable for the contents, maintenance of, or activities conducted on, any website to which this website provides a link.
c. Despite the fact that this website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk and SAICA/Accountancy SA is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained in such other websites.
d. You are not permitted to link or “deep link” to this website or to “frame” any part of this website, without the written permission of SAICA/Accountancy SA.

9. Member Account

If you register as a SAICA/Accountancy SA user, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify SAICA/Accountancy SA of any unauthorised use of your username and password or any other breach of security.

10. E-mail and public communication

a. “Forum” means letters, e-mails or other types of communications to the editors, Webmaster(s) or employees of SAICA/Accountancy SA, and messages posted in connection with the SAICA discussion forum. You shall not upload to, distribute through, or otherwise publish through a Forum on this website or any other SAICA/Accountancy SA website any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
b. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the SAICA/Accountancy SA website to join or become members of any commercial online or offline service or other organisation is expressly prohibited.
c. Therefore, subject to the terms of the law, in general, we will not monitor or edit or disclose the contents of Forum materials unless required in the course of normal maintenance of the SAICA/Accountancy SA website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:
i. comply with the law;
ii. protect and defend the legitimate business interests, rights or property of SAICA/Accountancy SA, it’s users, advertisers, customers, sponsors, advertisers or affiliates;
iii. in an emergency to protect the personal safety of our guests or the public.
d. Users shall remain solely responsible for the content of their communications SAICA/Accountancy SA has the right but not the obligation to monitor and edit or remove any Forum communications and content.
e. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

11. Privacy policy

Registration data and certain other demographic information about you are subject to SAICA/Accountancy SA’s privacy policy. For more information, see SAICA/Accountancy SA’s full privacy policy, which is incorporated in full herein by this reference.

12. Termination

a. SAICA/Accountancy SA shall terminate the Terms and Conditions immediately without notice if, within SAICA/Accountancy SA’s sole discretion, you fail to comply with any term or provision of the Terms and Conditions.
b. Upon termination, you must destroy all materials obtained from the SAICA/Accountancy SA website and all copies thereof, whether made under these Terms and Conditions or otherwise.
c. SAICA/Accountancy SA may take such further action as SAICA/Accountancy SA may determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and SAICA/Accountancy SA shall not be liable for any damages of any nature suffered by any customer, user or any third party resulting in whole or in part from SAICA/Accountancy SA’s exercise of its rights under these Terms and Conditions.

13. Governing Law & Jurisdiction

These Terms and Conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts.

14. Severability

If any one or more of the provisions of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these Terms and Conditions will not be affected thereby and shall continue in full force and affect.

PRIVACY STATEMENT

The South Africa Institute of Chartered Accountants and its affiliates (collectively: “SAICA”) respects your privacy and your personal information. For this reason, SAICA has prepared this privacy policy to let you know how it will treat any personal information that it may have about you. SAICA/Accountancy SA will take all reasonable measures, in accordance with this privacy policy, to protect your personal information and to keep it confidential.

What is personal information

• Any information that you provide to SAICA/Accountancy SA, whether on any forms you complete or through the use of any of SAICA/Accountancy SA services or facilities, will be regarded by SAICA/Accountancy SA as personal information.
• Any information about what you buy, where you shop, where you bank, how you invest and all related information will also be regarded as personal information.
• In short, any information that SAICA/Accountancy SA knows about you will be regarded as your personal information.

How SAICA/Accountancy SA collects your personal information

a. In order to make your use of SAICA/Accountancy SA as successful and pleasurable as possible, it is necessary for us to find out exactly what you need and want from us. One of the ways SAICA/Accountancy SA can do this is by collecting and analysing your personal information in order to ensure that we meet your needs.
b. Whenever you use this website, contact SAICA/Accountancy SA, or use one of the services or facilities offered by SAICA/Accountancy SA, SAICA/Accountancy SA will collect any information which SAICA/Accountancy SA has about you.
c. SAICA/Accountancy SA may also get information about you from other sources, such as from third parties where you shop, bank or invest, business partners, subsidiaries and affiliates.

How SAICA/Accountancy SA uses your personal information

a. In order to ensure that SAICA/Accountancy SA always meet your needs, SAICA/Accountancy SA will use your personal information in any way that SAICA/Accountancy SA thinks might assist or benefit you. SAICA/Accountancy SA may therefore combine all the information that we have about you to compile a profile of you in order to personalise and tailor services to your special needs.
b. SAICA/Accountancy SA will also use your personal information in the ordinary course of its business.
c. Because SAICA/Accountancy SA does not want you to miss out on any of the great deals or promotions that SAICA/Accountancy SA may have or that any third party may have from time to time, SAICA/Accountancy SA may use your personal information for promotions and marketing. SAICA/Accountancy SA may send you promotional material or details by e-mail, SMS or by post in order to update you and keep you fully advised of any promotions, news, competitions or developments which we think may be of interest to you. If any of this information relates to products, promotions, news or services of a third party and if you indicate that you would like more details, it may inform the third party to contact you directly. SAICA/Accountancy SA will only send you such material or inform a third party to contact you directly if you indicated that this is agreeable to you when you registered with SAICA/Accountancy SA or at any other time. You can inform SAICA/Accountancy SA if you change your mind later.
d. SAICA/Accountancy SA may also use your personal information for service updates and to notify you of new features or changes that may be made to this website.
e. To prevent unauthorised access, maintain data accuracy and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL and Thawte security for credit card submissions.
f. SAICA/Accountancy SA may utilise the contact information you provided at registration, such as your telephone number and e-mail address, to contact you regarding account status, changes to the terms and conditions, and to confirm registration.
g. Your privacy is important to us. SAICA/Accountancy SA will therefore not sell, rent or provide your personal information to unauthorised entities or to third parties for their independent use without your consent. SAICA/Accountancy SA will, however, share your personal information with business partners. Should SAICA/Accountancy SA pass your personal information on to others, SAICA/Accountancy SA will make them aware of the provisions of this privacy policy. Inform SAICA/Accountancy SA if you no longer wish us to disclose your information in this way.
h. SAICA/Accountancy SA will always strive to make everything it does lawful and legitimate. Therefore, SAICA/Accountancy SA will release your personal information to a party if it believes that SAICA/Accountancy SA is required by law or by a court to do so. SAICA/Accountancy SA will also disclose your personal information if SAICA/Accountancy SA believes that it is necessary to prevent or lessen any unlawful or harmful actions and to protect and defend legitimate business interests, rights or property of SAICA/Accountancy SA.
i. SAICA/Accountancy SA will always ask for your permission before it uses your personal information for any purpose not disclosed above.

Protection of personal information

a. SAICA/Accountancy SA values the information that you choose to provide to us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration.
b. When you use the services or facilities provided by SAICA/Accountancy SA, you may be given an access number, user name, password and/or personal identification number (“PIN”). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
c. Upon your request SAICA/Accountancy SA will provide you with its records of the personal information you gave us at registration. For security reasons, this information will only be sent to the e-mail address on file for the subscriber username and password associated with it.

Correction of personal information

If you ever want to update or correct any of your personal information as held by SAICA, kindly contact us at membership@saica.co.za. Alternatively, you can update and correct your information yourself on this website by clicking on My Profile.

Links

SAICA/Accountancy SA is not responsible for the content or the privacy policies of website to which it may link. This policy applies solely to information collected by SAICA/Accountancy SA.

Personal information held by or disclosed by you to third parties

a. If you disclose any personal information to a third party, such as one of our business partners or anyone other than SAICA/Accountancy SA, you must be aware that SAICA/Accountancy SA does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
b. SAICA/Accountancy SA is not responsible for any representations or information or warranties or content on any website of any third party (including websites linked to this website). SAICA/Accountancy SA does not exercise control over third parties’ privacy policies and you should refer to the privacy policy of any third party to see how such party protects your privacy.

Cookies

SAICA/Accountancy SA uses cookies. “Cookie” refers to information which is sent from this website to your hard drive, where it is saved. In this way, the next time you use this website SAICA/Accountancy SA will know who you are and that you have visited this website before.

Changes to this privacy policy

SAICA/Accountancy SA may change this privacy policy at any time. Any change to this privacy policy will be displayed on this website. If you use this website or any of the services or facilities offered by SAICA/Accountancy SA after SAICA/Accountancy SA has displayed a change to this privacy policy, you will be deemed to have agreed to the change.

Which laws apply

This privacy policy will be governed by the laws of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of this privacy policy