Terms &   Conditions

THE MARKETING ASSOCIATION OF SOUTH AFRICA NPC WEBSITE TERMS AND CONDITIONS

1. DEFINITIONS

1.1. “ECTA” refers to Electronic Communications and Transactions Act 25 of 2002 as amended.

1.2. “Copyright Act” refers to Copyright Act no 98 of 1978, as amended.

1.3. “MASA” refers to the Marketing Association of South Africa, a non-profit organization duly registered in South Africa with registration number 2006/011537/08.

1.4. “User” refers to any person who uses the website.

1.5. “Person” refers to both natural and juristic persons.

1.6. “Personal Information” is defined in accordance with the POPI Act.

1.7. “POPI Act” refers to the Protection of Personal Information Act 4 of 2003.

1.8. “Trade Marks Act” refers to Trade Marks Act 194 of 1993.

1.9. “Website” means the MASA website located at www.marketingsa.co.za

2. GENERAL TERMS

2.1. These are the terms and conditions that shall govern the MASA website. In terms of section 11 of ECTA these terms and conditions are enforceable against all persons that access the website. The user’s use of the website shall be considered and deemed an acceptance of the terms and conditions. If the user does not accept the terms and conditions, the user is required to reject the terms and conditions and immediately leave the website and terminate the use of the website.

2.2. These terms and conditions may be updated from time to time. Any material and significant updates shall be communicated to the user. Thereafter the continued use of the website shall be regarded as acceptance of the updated terms and conditions.

2.3. The rule of construction that in the event of ambiguity a contract shall be interpreted against the Party responsible for its drafting or preparation of this Agreement, shall not apply in the interpretation of this Agreement.

2.4. The laws of the Republic of South Africa shall govern these terms and conditions.

2.5. The user is advised to engage with other policies that run concurrently with these terms and conditions.

3. LEGAL RIGHTS AND ENTITLEMENTS

3.1. Unless otherwise stated, MASA owns the intellectual property rights of the website and the material on the website. All of MASA’s intellectual property is reserved.

3.2. Copyright and other notices in relation to the website is protected by copyright, trademark and other intellectual property rights. The user may use the website and display, download on any single computer, or print a single copy of any material for their personal or professional use provided that the user does not further copy or modify the page including, without limitation, by removal of any notices. The user may not otherwise reproduce, copy, distribute or use any material on the website for commercial gain. Permanent copying and/or storage of material or reproduction or incorporation of any part of it in any other work in whatever media is prohibited. MASA rights are exercisable in terms of the Trade Mark Act and Copyright Act.

4. SECURITY

4.1. All reasonable steps shall be taken to secure the content of the website, which includes the personal information that may be gathered. This however is not a warranty or representation that the security is 100% fail proof.

5. LIABILITY

5.1. MASA shall not be held liable for any damage whatsoever that may arise from the use of the website or the information that appears on it. Furthermore MASA shall not be held liable for any damages arising from the use or inability to access or use the website or any content from any third party or any information contained in the website or any action or decision taken pursuant to the use of the website or use of the information from the website.

6. WARRANTY

6.1. The use of the website is at the user’s own risk. This website is provided on an As Is and As Available basis. The website has no warranties of any kind, whether express or implied.

MASA has taken all reasonable steps to ensure the integrity of the website and no warranty is given that any material downloaded from the website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of the users device.

7. THIRD PARTY SITES

7.1. Any links to third-party websites are provided for convenience only and do not represent endorsement, sponsorship, or approval of those third parties, any products and services offered by third parties, or as to the accuracy or concurrence, of the information included in third party websites. Unless otherwise stated there is no relationship between MASA and the third party outside of the provision of a link. MASA does not act in partnership with nor as agent for or on behalf of the third party to whom we provide links.

8. POLICY APPROVAL

8.1. The Board has approved this policy on 14 October 2021, and it will be reviewed periodically.