Terms and conditions
WEBSITE TERMS &CONDITIONS
Thank for visiting our website. Before you proceed any further you are required to read, understand and agree to the terms and conditions of our website. If you do not agree to the terms and conditions stipulated, please leave our website.

DEFINITIONS AND INTERPRETATION 
  1. “ATAF” shall mean African Tax Administration Forum (and/or its related, affiliated and subsidiary companies) where applicable
  2. “User” means any person who enters or uses the ATAF website 
  3. “POPI Act” shall mean the Protection of Personal Information Act 4 of 2013
  4. “PAIA” means the Promotion of Access to Information Act 2 of 2000
  5. "Data Message” shall have the meaning as defined in section 1 of the Electronic Communications Act 25 of 2005
  6. “Information” means without being limited thereto, the news, publications, speeches, information relating to workshops or seminars, and the likes thereof published on the ATAF website or provided through the ATAF website. 
  7. References herein to the singular includes the plural and vice versa

  1. ACCEPTANCE
    These terms and conditions herein comes into effect the first time the User enters the website and constitutes a valid agreement which is binding and enforceable between ATAF and the User

  2. WEBSITE INFORMATION
    The ATAF website provides, inter alia, information, guidelines and services relating and incidental to revenue and tax affairs. 

  3. CHANGES TO THESE TERMS AND CONDITIONS
    1. ATAF may at any time without prior notice: 
      1. change these terms and conditions; 
      2. change the content and/or services available from the Website;
      3. discontinue any aspect of the Website or service(s) available from the Website; and/or 
      4. change the software and hardware required to access and use the Website.
    2. The latest version of these terms and conditions apply whenever you visit the Website and the User agrees to read the latest version each time you access our Website.

  4. PERMISSIONS
    1. ATAF permits the User to view, download and print the content of the ATAF website, on condition that such content is used for personal, educational and/or non-commercial purposes only. 
    2. The User may not exploit content from our website for commercial and non-private purposes without prior written consent from a duly authorised ATAF representative. 
    3. The caching of information from the ATAF website shall only be allowed under the following circumstances: 
      1. The purpose of the caching is to make the onward transmission of the content from the ATAF website more efficient. 
      2. The cached content is not modified in any manner whatsoever
      3. The cached content is removed or updated when so required by ATAF.
    4. Users are permitted to quote small, reasonable amounts of content available from the ATAF website on condition that such quote is placed in inverted commas and patently acknowledged. 
    5. Users are explicitly prohibited from framing the ATAF website, in any manner whatsoever, without the prior written consent of ATAF. (“Frame” may be defined as a technique used to divide a web page into different parts such as a menu and separate content.) 
    6. Apart from bona-fide search engine operators and use of the search facility provided on the ATAF website to Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the ATAF website for any purposes, without the prior written consent of ATAF. 
    7. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by ATAF at any time without giving reasons therefore at ATAF’s sole and absolute discretion.

  5. HYPERLINKS
    1. ATAF cannot guarantee that the hyperlinks, pointer or other linking functions ("Hyperlink") set out on the sites will be accurate at the time of your access. Moreover, the sites pointed at by Hyperlinks are developed and maintained by persons over whom ATAF have no control. 
    2. ATAF does not monitor the sites linked to our pages on the Internet, therefore, assumes no responsibility for the content of any sites referenced to by any Hyperlink or otherwise. ATAF believe that their making Hyperlinks available to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. You may not provide Hyperlinks to this web site without prior written consent of ATAF
       
  6. INTELLECTUAL PROPERTY RIGHTS and DOMAIN NAME USE 
    1. All intellectual property on the ATAF website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to ATAF and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the limited rights licensed to the User in clause 2, all other rights to intellectual property on the ATAF website are expressly reserved
    2. Users agree not to use the trade name ATAF as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to ATAF at the cost of the user. 
    3. All material, including but not limited to: thesis, dissertations, periodicals, essays submitted on this website by a user, in his/her capacity as an applicant trainee, becomes the sole, exclusive intellectual property of ATAF. The user permits ATAF to use all or any, in entirety or partiality, material submitted to ATAF within the scope of ATAF’s organisations portfolio. The user waives any claim he may have to such material and permits that the same becomes intellectual property owned by ATAF
    4. The user waives any claim to compensation, fees, royalties, rewards, reimbursements or the like for any material submitted on the ATAF website, used by ATAF in any legitimate manner.

  7. SOFTWARE AND EQUIPMENT
    It is the responsibility of the User to acquire and maintain change, at his/her own expense, the computer hardware, system and information security, software, lines and access accounts to access the Internet and the ATAF website and/or download content from this website.

  8. PRIVACY
    1. ATAF shall take all reasonable measures to protect the personal information of users. Personal information shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 and Protection of Personal information Act, Act 4 of 2013. The PAIA and POPI Acts are available online at www.gov.za/documents/acts.
    2. The collection, processing, protection, use storage and deletion of all personal information collected by ATAF shall comply with the provisions of the POPI Act
    3. ATAF may electronically collect, store and use the following personal information of Users:
      1. name and surname; 
      2. contact numbers;
      3. non-personal browsing habits and click patterns; 
      4. e-mail address; 
      5. IP address; 
      6. User selected password. 
    4. ATAF collects, stores and uses the above mentioned information for the following purposes: 
      1. to communicate requested information to the User. 
      2. to provide the User with access to restricted pages on this website.
      3. to compile non-personal statistical information about browsing habits, click-patterns and access to the ATAF website. 
    5. 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. 
    6. ATAF may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions: 
      1. ATAF shall not disclose personal information from Users unless the User consents thereto. 
      2. ATAF shall disclose information without the User’s consent only through due legal process. 
      3. ATAF may compile, use and share any information that does not relate to any specific individual. 
    7. ATAF owns and retains all rights to non-personal statistical information collected and compiled by ATAF. 
    8. Whenever you use ATAFS website, complete an application form, contact us electronically or use one of the services or facilities offered by us we will collect your personal information
    9. The information we maintain concerning our clients is stored in databases that have built-in safeguards to ensure its privacy and confidentiality
       
  9. SECURITY
    1. ATAF shall take all reasonable steps to secure the content of the ATAF website and the information provided by and collected from Users from unauthorised access and/or disclosure. ATAF does, however, not make any warranties or representations that content shall be safe and secure. 
    2. Users may not deliver or attempt to deliver, intentionally or negligently, any damaging code, such as computer viruses, to the ATAF website or the server and computer network that support the ATAF website. 
    3. Notwithstanding criminal prosecution, any person who delivers any damaging code to the ATAF website, intentionally or negligently, shall, without any limitation, indemnify and hold ATAF harmless against any and all liability, damages and losses ATAF and its partners / affiliates may suffer as a result of such damaging code.
    4. Users may not develop, distribute or use any device to breach or overcome the security measures of the ATAF website and ATAF reserves the right to claim damages any and all persons concerned with a security failure or breach.
    5. Users may not interfere with data or services in any way to cause data or services to be modified, destroyed or otherwise rendered ineffective
    6. Any User who commits any of the offences detailed in sections 85 to 88 of the Electronic Communications Act 25 of 2002 (accessible at www.acts.co.za) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by ATAF.

  10. 10. DISCLAIMER & LIMITATION OF LIABILITY
    1. ATAF (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 (including but not limited to, direct, indirect, special, incidental or consequential) incurred by whomever and resulting directly or indirectly from 
      1. access to the ATAF website;
      2. access to websites linked to the ATAF website; 
      3. inability to access the ATAF website;
      4. inability to access websites linked to the ATAF website; 
      5. content available on the ATAF website; 
      6. services available from the ATAF website; 
      7. downloads and use of content from the ATAF website; and
      8. any other reason not directly related to ATAF’s gross negligence.
    2. The ATAF 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 him/herself, prior to entering into this agreement with ATAF, that the content available from and through the ATAF website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
    3. ATAF disclaim all liability for any direct and/or indirect loss, damage, injury or expenses however caused, arising from the use of or reliance in any manner whatsoever, on the Information on this site. 
    4. The Information is distributed, transmitted and/or disseminated in good faith, without any guarantees and/or warranties of whatsoever nature including the correctness or accuracy thereof either expressed or implied. 
    5.  Information, ideas and opinions expressed on the ATAF website should not be regarded as professional advice or the official opinion of ATAF and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the ATAF website. 
    6. Information may be sourced, collated and/or compiled from a selection of various online news, broadcasted news, published news, articles, magazines, and other electronic sources without bias; and does not necessarily reflect the personal views of ATAF
    7. News items are selected according to their relevance to the tax industry in Africa.
    8. ATAF does not make any warranties or representation that content and services available from the ATAF website will in all cases be true, correct or free from any errors. ATAF shall take all reasonable steps to ensure the quality and accuracy of content available from the ATAF website. 
    9. ATAF does not make any warranties or representations that the ATAF website shall be available at all times. Users acknowledge that the ATAF website may be unavailable due to updates or other causes beyond the reasonable control of ATAF
    10. If any User uses content from the ATAF website in breach of the provisions detailed herein: 
      1. ATAF reserves the right to claim damages from the User and/or institute criminal proceedings against the user
      2. ATAF shall not be liable, in any manner whatsoever, for and the User indemnifies ATAF against any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User. 

  11. REPORT INCORRECT DATA
    Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the ATAF website to ATAF

  12. INTERCEPTION OF COMMUNICATIONS
    The User agrees to ATAF’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the ATAF website, its staff and employees.

  13. APPLICABLE AND GOVERNING LAW
    The ATAF website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the ATAF website, its content, services and these terms and conditions. 

  14. LEGAL COSTS
    ATAF shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions. 

  15. CAPACITY TO CONCLUDE AGREEMENT
    The User warrants to ATAF that it has the necessary legal capacity to enter into and be bound by the terms of use of this Website. If the User is a minor then the User maintains that he/she has obtained the necessary permission from his/her guardian to contract hereto are bound by the terms and conditions stipulated herein

  16. ELECTRONIC MAIL (E-MAIL) LEGAL NOTICE 
    1. This e-mail legal notice is enforceable and binding on the recipient / addressee
    2. This e-mail transmission contains confidential information, which is the property of the ATAF. No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorised disclosure and/or use may result in civil and criminal liability.
    3. The information in this e-mail or attachments thereto is intended for the attention and use of the addressee only. If you are not the intended addressee/recipient, you are hereby notified that any disclosure, copying or distribution of the contents of this email transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this e-mail in error, please delete and destroy it and any attachments thereto immediately. At no time may you act on the information contained therein.
    4. The e-mail address of the sender may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior consent of ATAF. 
    5. Under no circumstances shall ATAF or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if ATAF or the sender of this e-mail have been expressly advised of the possibility of such damages.
    6. Any agreements concluded with ATAF by using electronic correspondence shall only come into effect once ATAF indicated such contract formation in a follow up or return communication in accordance with present legislation
    7. Correspondence sent to ATAF shall be regarded as having been received in accordance with applicable present legislation
    8. No warranties are made or implied that any employee and/or contractor of ATAF is authorised to create and send this communication. 
    9. ATAF reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to the e-mail address of the sender.
    10. ATAF retains the copyright to all e-mail messages and attachments sent from its communications systems. The recipient / addressee is hereby licensed to open and read the message and/or attachments only – all other rights are reserved unless so indicated by the sender. 
    11. The views and opinions expressed in this e-mail message do not necessarily reflect the views and/or opinions of ATAF. If this e-mail message is used for purposes unrelated to the official business of ATAF, ATAF shall not be liable for any damage or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity. 
    12. Subject to urgent and interim court relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the following- 
      1. interpretation and enforceability of this e-mail legal notice;
      2. content (including message headers, links and/or attachments) of this email message; and/or sending or receipt of this e-mail message, shall be referred to urgent and confidential arbitration in terms of the ATAF Dispute Resolution services
    13. The law of South Africa shall govern this e-mail message and legal notice.
    14.  Information disclosures required by law:
      1. Full name of ATAF: African Tax Administration Forum
      2. Postal address – to be advised. 
      3. Street address – to be advised.
      4. Website:
    15. This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) received by employees or contractors utilising the communications facilities of ATAF.
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