Table of Contents

1.       PREFACE. 3

2.       GENERAL. 4

3.       ALLOWED USE AND LICENSE. 4

4.       INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE. 5

6.       DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT. 5

7.       CHANGES AND AMENDMENTS. 6

8.       PRIVACY. 7

9.       HYPERLINKS TO THIRD PARTY SITES. 7

10.     SECURITY. 8

11.     DISCLAIMER AND LIMITATION OF LIABILITY. 8

12.     REMOVAL AND CORRECTION OF CONTENT. 9

14.     ENTIRE AGREEMENT AND SEVERABILITY. 9

15.     AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT. 9

16.    APPLICABLE AND GOVERNING LAW.. 10

17.    LEGAL COSTS. 10

18.     EMAIL LEGAL NOTICE

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a)     “BIGEN AFRICA” means BIGEN AFRICA Group Holdings (Pty) Ltd, a company duly registered in terms of the company laws of South Africa;

b)    “BIGEN AFRICA web site’ means the BIGEN AFRICA web site located at www.bigenafrica.com and www.bigenafrica.co.za and includes any part or element thereof;

c)     “User” means any person who enters or uses the BIGEN AFRICA web site, notwithstanding the fact that such a person only visited the home page of the BIGEN AFRICA web site;

d)    References herein to the singular include the plural and vice versa;

e)     Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of Section 11 of the ECT Act, the fact that some and/or all of these hyperlinks may be non-operational, shall not play a role in determining the validity and interpretation of these terms and conditions.

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BIGEN AFRICA is a holding company whose subsidiaries provide a range of services in the fields of civil engineering, programme management, information management and institutional development.

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                              BIGEN AFRICA licenses the User to view, download and print the content of the BIGEN AFRICA web site, provided that such content is used for personal, educational and/or non-commercial purposes only;

                              Content from the BIGEN AFRICA web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of BIGEN AFRICA;

                              Users may only access and use the BIGEN AFRICA web site for legal purposes;

                              The caching of the BIGEN AFRICA web site shall only be allowed if:

        The purpose of the caching is to make the onward transmission of the content from the BIGEN AFRICA web site more efficient;

        The cached content is not modified in any manner whatsoever;

        The cached content is updated at least every 12 (twelve) hours; and

        The cached content is removed or updated when so required by BIGEN AFRICA;

                   If any User uses content from the BIGEN AFRICA web site in breach of the provisions detailed herein:

        BIGEN AFRICA reserves the right to claim damages from the User;

        BIGEN AFRICA reserves the right to institute criminal proceedings against the User; and

BIGEN AFRICA shall not be liable, in any manner whatsoever, for 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;

                              Hyperlinks to the BIGEN AFRICA web site from any other source shall be directed at the home page of the BIGEN AFRICA web site. BIGEN AFRICA shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the BIGEN AFRICA web site, if such content was accessed through a hyperlink not directed at the home page of the BIGEN AFRICA web site. Persons that wish to link to content beyond the home page of the BIGEN AFRICA web site shall do so at their own risk and indemnify BIGEN AFRICA against any loss, liability or damage that may result from the use of content from the BIGEN AFRICA web site, if such content was accessed through a hyperlink not directed at the home page of the BIGEN AFRICA web site;

                              No person may frame the BIGEN AFRICA web site, in any manner whatsoever, without the prior written consent of BIGEN AFRICA;

                              Apart from bona-fide search engine operators and use of the search facility provided on the BIGEN AFRICA web site by 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 BIGEN AFRICA web site for any purposes, without the prior written consent of BIGEN AFRICA; and

                              All licenses and/or permissions granted in terms of this clause 3 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by BIGEN AFRICA at any time without giving reasons therefore.

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All intellectual property on the BIGEN AFRICA web site, 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 BIGEN AFRICA and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on the BIGEN AFRICA web site are expressly reserved.

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It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the BIGEN AFRICA web site and/or download content from this web site.

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Access to the services, content, software and content downloads available from the BIGEN AFRICA web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and BIGEN AFRICA has the duty to disclose the following information:

                              The full name and legal status of the web site owner: BIGEN AFRICA Group Holdings (Pty) Ltd Reg. No. 2001/013344/07;

                              VAT registration number: 4660186158;

                              Street address: Allan Cormack Street off Hotel Street, Cnr. Meiring Naude Road, Innovation Hub, Pretoria
 

                              Postal address: P O Box 29, Innovation Hub, 0087; South Africa

                              Physical address for receipt of legal service: see clause 6.3 above;

                              Main business: BIGEN AFRICA subscribes to the vision of Engineering Solutions for Africa, and in particular:

                        Engineering world-class infrastructure, project financing, project management, skills development and the operation and maintenance of facilities.

Solutions that are comprehensive, cost effective and financially sustainable, meeting the specific needs of our clients and communities, provided by our skilled and service-oriented employees, creating viable and sustainable human and natural environments.

                        For Africa, articulating our roots and focusing on development in Africa by Africans.

                              The web site address of the BIGEN AFRICA web site is: www.bigenafrica.com  and www.bigenafrica.co.za;

                              The official e-mail address of the BIGEN AFRICA web site webmaster@bigenafrica.com:

                              Membership of self-regulatory or accreditation bodies:

        Engineering Council of South Africa;

        Institution of Municipal Engineers of Southern Africa;

        Institute of Waste Management of Southern Africa;

        National Home Builders Registration Council;

        Project Management South Africa;

        Project Management Institute (USA);

        South African Institute of Civil Engineering;

        Consulting Engineers of South Africa;

        Southern African Institute for Steel Construction; and

      Water Institute of Southern Africa.

                     Copies of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000:

                     The costs associated with the access and use of the BIGEN AFRICA web site are as follows: Free;

                     Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

        access to the BIGEN AFRICA web site;

        the inability to access the BIGEN AFRICA web site;

        the services and content available from the BIGEN AFRICA web site; or

        these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

                     Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and

                     Users may lodge complaints concerning the BIGEN AFRICA web site through the  “Contact Us” service provided on this web site. Users hereby assign the copyright in such complaints to BIGEN AFRICA and understand that BIGEN AFRICA may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

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BIGEN AFRICA expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

                              change these terms and conditions;

                              change the content and/or services available from the BIGEN AFRICA web site;

                              discontinue any aspect of the BIGEN AFRICA web site or service(s) available from the BIGEN AFRICA. web site; and/or

                              change the software and hardware required to access and use the BIGEN AFRICA  web site.

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                          BIGEN AFRICA shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

                              BIGEN AFRICA may electronically collect, store and use, amongst other, the following personal information of Users:

        name and surname;

        contact details;

        non-personal browsing habits and click patterns;

        e-mail address; and

        IP address.

                              BIGEN AFRICA collects, stores and uses the abovementioned information for the  following purposes:

        communicate requested information to the User;

        newsletter database;

        registration and / or authentication of Users; and

        to compile non-personal statistical information about browsing habits, click-  patterns and access to the BIGEN AFRICA web site.

                          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;

                          BIGEN AFRICA may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

        BIGEN AFRICA shall not disclose personal information from Users unless the User consents thereto;

        BIGEN AFRICA shall disclose information without the User’s consent only through due legal process; and

        BIGEN AFRICA may compile, use and share any information that does not relate to any specific individual; and

                              BIGEN AFRICA owns and retains all rights to non-personal statistical information collected and compiled by BIGEN AFRICA.

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                          BIGEN AFRICA may provide hyperlinks to web sites not controlled by BIGEN AFRICA (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

                          BIGEN AFRICA does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

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                     BIGEN AFRICA shall take all reasonable steps to secure the content of the BIGEN AFRICA web site and the information provided by and collected from    Users from unauthorized access and/or disclosure. However, BIGEN AFRICA does not make any warranties or representations that content shall be 100% safe and secure;

                     BIGEN AFRICA is under no legal duty to encrypt any content or communications from and to the BIGEN AFRICA web site and is also under no legal duty to provide digital authentication of any page on the BIGEN AFRICA web site;

                     Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the BIGEN AFRICA web site or the server and computer network that support the BIGEN AFRICA web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the BIGEN AFRICA web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold BIGEN AFRICA harmless against any and all liability, damages and losses BIGEN AFRICA and its partners / affiliates may suffer as a result of such damaging code;

                     Users may not develop, distribute or use any device to breach or overcome the security measures of the BIGEN AFRICA web site and BIGEN AFRICA reserves the right to claim damages any and all persons concerned with a security failure or breach; and

                     Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by BIGEN AFRICA and its partners / affiliates.

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                     Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, BIGEN AFRICA (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

        access to the BIGEN AFRICA web site;

        access to web sites linked to the BIGEN AFRICA web site;

        inability to access the BIGEN AFRICA web site;

        inability to access web sites linked to the BIGEN AFRICA web site;

        content available on the BIGEN AFRICA web site;

        services available from the BIGEN AFRICA web site;

        downloads and use of content from the BIGEN AFRICA web site;

        any other reason not directly related to BIGEN AFRICA’s gross negligence.

                     The BIGEN AFRICA web site 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 himself or herself, prior to entering into this agreement with BIGEN AFRICA, that the content available from and through the BIGEN AFRICA web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software;

                     Information, ideas and opinions expressed on the BIGEN AFRICA web site should not be regarded as professional advice or the official opinion of BIGEN AFRICA and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the BIGEN AFRICA website;

                     BIGEN AFRICA does not make any warranties or representation that content and services available from the BIGEN AFRICA web site will in all cases be true, correct or free from any errors. BIGEN AFRICA shall take all reasonable steps to ensure the quality and accuracy of content available from the BIGEN AFRICA web site and encourage Users to report incorrect and untrue information subject to the right of BIGEN AFRICA to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this web site; and

                     BIGEN AFRICA does not make any warranties or representations that the BIGEN AFRICA web site shall be available at all times. Users acknowledge that the BIGEN AFRICA web site may be unavailable due to updates or other causes beyond the reasonable control of BIGEN AFRICA, including, but not limited to virus infection, unauthorized access, power failure or other “acts of God.”

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Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the BIGEN AFRICA web site to BIGEN AFRICA and BIGEN AFRICA undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

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                     Subject to the provisions of the Regulation of Interception of Communications (RIC)  Act 70 of 2002, the User agrees to BIGEN AFRICA’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the BIGEN AFRICA. web site, its staff and employees; and

                     The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

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                     These terms and conditions constitute the entire agreement between BIGEN AFRICA and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BIGEN AFRICA from the User;

                     Any failure by BIGEN AFRICA to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

                     In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

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The User and BIGEN AFRICA agree that:

                     the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the BIGEN AFRICA web site for the first time;

                     data messages (as defined in the ECT Act) addressed by the User to BIGEN AFRICA shall only be deemed to have been received if and when responded to;

                     data messages (as defined in the ECT Act) addressed to the User by BIGEN AFRICA shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

                     data messages (as defined in the ECT Act) addressed by the User to BIGEN AFRICA shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

                     electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and BIGEN AFRICA; and

                     The User agrees and warrants that data messages that are sent to BIGEN AFRICA from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

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Subject to clause 6.3, the BIGEN AFRICA web site 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 BIGEN AFRICA web site, its content, services and these terms and conditions.

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BIGEN AFRICA shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

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EMAIL LEGAL NOTICE

1.     This email legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002.

2.     This email transmission contains confidential information, which is the property of BIGEN AFRICA Group Holdings (Pty) Ltd (“BIGEN AFRICA”). 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. Unauthorized disclosure and/or use may result in civil and criminal liability.

 3.     The information in this email, links 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 email in error, please delete and destroy it immediately and notify the sender.

4.     The email address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or BIGEN AFRICA.

 5.     Under no circumstances shall BIGEN AFRICA or the sender of this email 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 BIGEN AFRICA or the sender of this email has been expressly advised of the possibility of such damages.

6.     Any agreements concluded with BIGEN AFRICA by using electronic correspondence shall only come into effect once BIGEN AFRICA indicated such contract formation in a follow up or return communication and always subject to the requirements of the ECT Act and contract law in general.

7.     No email correspondence sent to BIGEN AFRICA shall be deemed to have been received until BIGEN AFRICA has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return email messages blocked by BIGEN AFRICA virus detection and/or filtering applications shall not be deemed to have been received by BIGEN AFRICA and/or the addressee.

8.     No warranties are made or implied that any employee and/or contractor of BIGEN AFRICA is or was authorized to create and send this communication.

9.     BIGEN AFRICA reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this email message and all email messages sent as reply messages to this email message or the address of the sender.

 10.  BIGEN AFRICA retains the copyright in all email messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. 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 and/or BIGEN AFRICA.

 11.  The views and opinions expressed in this email message do not necessarily reflect the views and/or opinions of BIGEN AFRICA. If this email message is used for purposes unrelated to the official business of BIGEN AFRICA, BIGEN AFRICA shall not be liable for any damage, liability, infringement 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 relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:

12.1.Interpretation, validity, access to and enforceability of this email legal notice;

 12.2.     Content (including message headers, links and/or attachments) of this email message;

 12.3.The time and place this email was sent and/or delivered; and/or

 12.4.The identity of the sender, shall be referred to urgent and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English.

13.  The law of South Africa shall govern this email message and legal notice.

 14.  Information disclosures required by law:

14.1    Full name: BIGEN AFRICA Group Holdings (Pty) Ltd;

14.2.   Street address: Allan Cormack Street off Hotel Street, Cnr. Meiring Naude Road, Innovation Hub, Pretoria

14.3.      Postal address: P O Box 29, Innovation Hub, 0087; South Africa

14.4.        Registration number: 1999/010977/07;

14.5.         VAT registration number: 4850182694;

 14.6.        Website Addresses: www.bigenafrica.com and www.bigenafrica.co.za

 15.  This email legal notice shall at all times take precedence over any other email disclaimer(s) attached to return emails addressed to any person with an BIGEN AFRICA email account.

 16.  Please contact Bigen Africa at +27 (0) 12 842 8700 or pretoria@bigenafrica.com should you have any questions regarding this email legal notice.

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