1. INTERPRETATION

In these terms and conditions of use -

1. clause headings are for convenience and shall not be used in its interpretation;
2. unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;
3. the following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings -
   1. "the ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
   2. "intellectual property" means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by iCommons on or in connection with this website;
   3. "know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods used by iCommons in connection with this website;
   4. "iCommons" means iCommons Limited, a private limited company registered in terms of the United Kingdom Companies Act, 2006 (registration number 5398065) and a charity registered with the UK Charities Commission;
   5. "RIC Act" means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
   6. "terms of use" means these terms and conditions of use, as amended from time to time;
   7. "trademarks" means those trademarks owned by iCommons (or of which iCommons is designated as beneficial owner) and any other trademarks, designs, logos, style names, tag lines and slogans which iCommons owns or has the right to use or any derivative service offerings of, and applications for, any of same;
   8. "website" means each and every website owned, hosted, operated or administered by iCommons including, but not limited to, the websites located at http://icommonssummit.org and http://icommons.org;
   9. "website material" means the contents of this website, including without limitation, all and any information, data, documents, intellectual property, material, products or services contained in, accessed through, or downloaded or obtained from this website;
   10. "you" means users of and visitors to the website as well as any other person seeking to interact with the website,
4. when any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
5. all annexures, addenda and amendments to these terms of use shall be deemed to form an integral part of these terms of use.

2. INTRODUCTION

1. The iSummit website provides information about the annual event, including the programme schedule, speakers information and general logistics information, as well as coverage of the event as it unfolds.

3. TERMS OF USE

1. No term or provision contained in these terms of use is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the ECT Act to any natural person who enters or intends entering into an electronic transaction with iCommons on this website.
2. This website is made available to you by iCommons conditional upon your acceptance, without modification, of these terms of use. Your access to and use of this website constitutes your agreement to and acceptance of these terms of use. If you do not agree with any provision contained in these terms of use, please do not use this website.
3. iCommons reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new terms of use) these terms of use at any time and from time to time without notice to you:
   1. Any such amendments shall come into effect immediately and automatically.
   2. You agree that we may amend these terms and conditions at our sole discretion and instance.
   3. You undertake to review these terms of use regularly prior to use of this website for any such amendments.
   4. No further amendments of these terms of use shall be of any force and effect unless reduced to writing and expressly agreed to by iCommons.

4. WEBSITE USER'S CODE OF CONDUCT

1. You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
   1. engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited comments with the same or substantially the same message to recipients that did not request to receive such messages;
   2. engage in any activity intended to entice, solicit or otherwise recruit users of the website to join an organisation except where such activities are expressly authorised by iCommons in writing and published to the website;
   3. take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the website;
   4. post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
   5. make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
   6. infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others;
   7. use the website in any manner which could damage, impair, overburden or disable the website or interfere with any other party's use or enjoyment of the website;
   8. use the website to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
   9. gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the website to collect or attempt to collect personal information about third parties without their knowledge or consent; and
   10. violate the privacy of any person or attempt to gain unauthorised access to the website or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
   11. use the website to engage in any illegal or unlawful activity.
2. Should you engage in any one or more of the above practices, which shall be determined in iCommons's sole discretion and which decision shall be final, then iCommons shall be entitled, without prejudice to any other rights it may have, to:
   1. without notice, suspend or terminate your access to the website as well as the website;
   2. bill you for any costs incurred by iCommons, including (without being limited to) bandwidth, administration costs, downtime, usage of iCommons's name or registered domain names and CPU cycles; and/or
   3. notwithstanding iCommons's privacy policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

5. INTELLECTUAL PROPERTY

1. The intellectual property is owned by iCommons or used under licence or with permission:
   1. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever unless you do so in a manner that is consistent with the licence/s applicable to the website.
   2. This website is Copyright © 2007 iCommons CC. Except where otherwise specified, the content on this website is licensed under a Creative Commons Attribution 3.0 licence. You can find out more about this licence at: http://creativecommons.org/licenses/by/3.0 Attribution of content on this site must take the following form: Originally posted on icommonssummit.org under a Creative Commons Attribution 3.0 licence.
2. Trademarks, which are identified as trademarks owned by iCommons, belong to iCommons. Trademarks other than those belonging to iCommons which are displayed on this website are the trademarks of their respective owners.

6. CHANGES TO THE WEBSITE

1. iCommons may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, product, service or information contained on this website at any time without any prior notice to you. iCommons may also impose limits on certain features and services or restrict your access to any or all of the website or website material without notice or liability.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

1. Your use of this website and reliance on any website materials available on this website is entirely at your own risk. This website, including all website materials, is provided "as is".
2. Although iCommons takes steps to verify information presented on the website, iCommons does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked to or distributed through this website or the website materials. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. iCommons reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website and the website materials.
3. Information, ideas and opinions expressed on this website and in the website materials should not be regarded as professional advice or the official opinion of iCommons and you are strongly advised to seek professional advice before acting on such information.
4. To the fullest extent permissible by law, iCommons disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties of merchantability or fitness for a particular purpose, in respect of this website and the website materials. iCommons does not warrant that the functions contained in this website or the website materials will meet your requirements or operate in every combination selected by you for use; will be uninterrupted, timely, secure or error free; that any defects or errors will be corrected; or that this website or the website materials or the server that makes them available is free of viruses or other harmful components. iCommons does not warrant that this website or the website materials will provide specific results from use of this website or the website materials or any content, search or link within them or that the results that may be obtained from the use of this website will be accurate or reliable.
5. Whilst iCommons takes reasonable precautions in its operation of this website, neither iCommons nor its agents or representatives will assume any responsibility and neither iCommons nor its agents or representatives (in whose favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for viruses that may infect your computer equipment or software or other property on account of your access to, use of or browsing of this website or the website materials or your downloading of any materials, data, text images, video or audio from this website or the website materials. Any material downloaded or otherwise obtained through the use of this website or the website materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
6. iCommons will use reasonable endeavours to make its website available to you, and keep the website available to you at all times. However, you agree that iCommons shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of its website for any reason whatever.
7. You further agree that -
   1. under no circumstances whatsoever, including as a result of iCommons's negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law iCommons may be liable, shall iCommons or its servants, agents or contractors or other persons for whom in law iCommons may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to use the website or the website materials.
   2. no claims or legal action arising out of, or related to, the use of this website, the website materials or these terms of use may be brought by you more than 1 (one) year after the cause of action relating to such claim or legal action arose.

8. INDEMNITY

1. You hereby indemnify iCommons and its officers, directors, employees, servants, agents or contractors or other persons for whom in law iCommons may be liable (in whose favour this constitutes a stipulatio alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your use of this website or the website materials or your breach of these terms of use.
2. Links to and from this website to other websites belonging to or operated by third parties ("linked websites") do not constitute an endorsement by iCommons of such linked websites or their contents nor do they constitute any association by iCommons with their owners or operators. iCommons has no control over such linked websites and is not responsible or liable for any content, information, goods or services available on or through any such linked websites or for any damage, damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked websites. You agree that where you access linked websites, you do so entirely at your own risk.

9. DEALINGS WITH THIRD PARTIES

1. Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to this website is entirely at your own risk and are solely between you and such third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings. You are solely responsible for identifying and familiarising yourself with any terms of use which will govern your relationship with such third party. You agree that iCommons shall not be responsible or liable for any damage, damages or loss caused or which you allege iCommons has caused by or in connection with your interaction, correspondence or business dealings with such third parties. You acknowledge and agree that such third parties are not the agents of iCommons.

10. DISPUTES

1. In the event that any claim, matter or dispute arises between you and iCommons arising out of or in connection with your use of any services or products then such claim, matter or dispute must be referred to the manager of iCommons detailed below. Should the manager fail to resolve such claim, matter or dispute within 5 (five) business days of the referral then the claim, matter or dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.
2. Either party shall be entitled to have an arbitration award made an order of court of competent jurisdiction.
3. Any dispute shall be deemed to have been referred or subjected to arbitration in terms of this clause when either party gives written notice to the other of the dispute, demands an arbitration and requests agreement on an arbitrator.
4. The provisions of this clause are severable from the rest of these terms of use and shall remain in effect even if these terms of use are terminated for any reason.
5. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
6. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
7. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or in the case of iCommons, to collect any outstanding debts due and payable by you to iCommons.

11. GOVERNING LAW

1. This website is controlled and maintained from the Republic of South Africa.
2. We both agree that these terms of use shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
3. You irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court even though the value of your claim may exceed the ordinary monetary jurisdiction of the Magistrates Court.
4. You also irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Witwatersrand Local Division.

12. LEGAL SERVICE OF DOCUMENTS AND NOTICES

1. iCommons chooses the addresses in clause 20 below for all communication purposes under these terms of use, whether in respect of court process, notices or other documents or communications of whatsoever nature.

13. SEVERABILITY

1. Any provision in these terms of use which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these terms of use, without invalidating the remaining provisions of these terms of use.

14. FULL LEGAL AGE

1. In using this website and/or the website materials you represent and warrant that you are of full legal age, or are emancipated or have your guardian's consent to enter into a contract being these terms of use.

15. MONITORING OF COMMUNICATIONS

1. Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 ("the RIC Act"), you agree to permit iCommons to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the website and/or to iCommons's staff and/or employees.
2. You agree and acknowledge that the consent you provide in clause 21.1 above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act.

16. TERMINATION

1. If you breach any of these terms of use, iCommons may immediately, automatically and without notice to you, terminate your use of and access to iCommons's website, and/or prohibit your future access to use of iCommons's website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of iCommons's rights in this regard are expressly reserved.

17. DISCLOSURES REQUIRED BY THE ECT ACT

Access to the content available on or through the website are classified as "electronic transactions" in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and iCommons has the duty to disclose the following information:

Full name and legal status of iCommons:	iCommons Limited (registration number 5398065)
Street address:	54 Bath Avenue First Floor offices at the Grace, Rosebank, Johannesburg
Postal address:	P.O. Box 1453 Saxonworld Johannesburg, 2132 South Africa
Physical address for receipt of legal service:
Main business:	Non-profit organisation
Website address: http://icommonsummit.org
Official email address:	info@icommons.org
Membership of self-regulatory or accreditation bodies:	NA
Codes of conduct to which iCommons subscribes:	NA
Governing terms of use:	These terms of use
Manual in terms of the Promotion of Access to Information Act 2 of 2000:	NA
Management:	Kerryn McKay (Chief Operating Officer)
Costs associated with the access to and use of the website:	None
Dispute resolution:	See clause 15 above
Cooling off period:	NA
Complaints process:	Complaints procedure published separately

18. GENERAL

1. You agree that:
   1. you are bound by these terms of use;
   2. this agreement shall be deemed to have been concluded in Johannesburg at the time you access the website for the first time;
   3. data messages addressed by you to iCommons shall be deemed to have been -
      1. received if and when responded to;
      2. sent by you within the geographical boundaries of the Republic of South Africa;
   4. you shall be deemed to have received data messages addressed to you by iCommons as detailed in section 23(b) of the ECT Act;
   5. notwithstanding clause 6.1.2 above, electronic signatures, encryption and/or authentication is not required for valid electronic communications between you and iCommons;
   6. as well as warrant that data messages that you send to iCommons from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.
2. These terms of use constitute the whole agreement between you and iCommons relating to your access to and use of this website.
3. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms of use which iCommons may show, grant or allow you shall operate as an estoppel against iCommons in respect of its rights under these terms of use nor shall it constitute a waiver by iCommons of any of iCommons's rights and iCommons shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
4. Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and iCommons and you shall not hold itself out as the agent or partner of iCommons or as being in a joint venture with iCommons.
5. To the extent that any provision of this agreement is held to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto, but without affecting or invalidating any of the remaining provisions of this agreement, which shall continue to be of full force and effect.