Terms and Conditions

Website Terms and Conditions of Use

Any person (user) accessing this website (www.justice.gov.za) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use, download and/or otherwise copy or distribute content obtained on this website.

Usage and copyright

1. Users may view, copy, download to a local drive, print and distribute the content of this website, or any part thereof only for non-commercial informational or reference purposes.
2. Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from the web manager at telephone number +27 12 315 1721 or e-mail webmaster@justice.gov.za (link sends e-mail). Any reproduction and/or copy of the content or portion thereof for commercial purposes must include this copyright notice in its entirety: ©Department of Justice and Constitutional Development:ALL RIGHTS RESERVED.
3. All moral and any other rights of the Department of Justice and Constitutional Development (DoJCD) or other legal entity in respect of which content is contained on this site not expressly granted are reserved.

Intellectual property rights

All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publications, products, processed, or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to the DoJCD, or a legal entity, and as such are protected from infringement by South African legislation and international treaties and conventions. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved. By accessing data on this website the user is not licensed or authorised.

Disclaimer

1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
2. It is the sole responsibility of the user to satisfy itself prior to accessing this website that the website will meet the user's individual requirements and be compatible with the user's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the DoJCD or any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
3. The DoJCD makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this site are free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any particular criteria of performance or quality. This site is provided 'as is'. The DoJCD expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. It makes no express or implied representations or warranties regarding the content of the website and that the website has been compiled or supplied to meet the user's individual requirements. Users are encouraged to report any possible errors, malfunctions or offensive material by sending an email to webmaster@justice.gov.za.
4. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. The DoJCD or any of the legal entities in respect of which information are contained on this site, or employees of the DoJCD or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), the DoJCD shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
5. The DoJCD undertakes to make every effort to protect any personal information received, especially via the website. Despite such undertaking, it is possible for internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured, which is why we use the Hypertext Transfer Protocol Secure (HTTPS) protocol on our website. HTTPS is a secure way to send data between a web server and a web browser. Internet e-mail is vulnerable to interception and forging. The DoJCD or its management will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or personal information that you may disclose to the DoJCD through the Internet.
6. Certain links in the web server lead to resources maintained by third parties over whom the DoJCD has no control. The DoJCD makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.
7. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to the DoJCD via this website. Any communications or data message that a user sends to the DoJCD will be regarded having been received by the DoJCD when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with the DoJCD. The DoJCD shall not be liable for any failure to respond.
8. If a user requires any information from the DoJCD regarding its services or the content of this website, Users can send an email to webmaster@justice.gov.za.

Security

1. Protection

The DoJCD is legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. The DoJCD has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration or destruction. All reasonable steps will be taken to secure a user's information.

Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of the DoJCD or public bodies that may receive such information from the DoJCD.

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if the DoJCD or any public body should suffer any damage or loss, civil damages will be claimed.

2. Linkage and framing

We welcome third-party websites to link to the information that is hosted on these pages. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without prior written approval of the DoJCD.

3. Links to third-party websites

The DoJCD may provide links to other websites only as a convenience. Tthe inclusion of any link does not imply the DoJCD's endorsement of such sites. Linked websites or pages are not subject to the control of the DoJCD. The DoJCD is not responsible or liable, directly or indirectly, in any way for the content, use, or inability to use or access any linked websites or any links contained in a linked website.

Privacy

1. Introduction

The privacy statement applies to the DoJCD and any legal entity, which control, verify or make use of information that may be collected via this site.

A user may visit this site without providing any personal information. A user, however, agrees to the use of such data in accordance with this privacy statement. Please note that this site may contain links to other sites which are not being governed by this privacy statement.

If a user has any questions or concerns regarding this privacy statement or the user’s privacy while using this website, an email can be sent to webmaster@justice.gov.za.

2. Casual Surfing and Cookies

You may visit the Website without providing any personal information, but the DoJCD uses Google Analytics to collect certain information when the User visits the Website. Google Analytics works by the inclusion of a block of JavaScript code on pages in your website. When users to this website view a page, this JavaScript code references a JavaScript file which then executes the tracking operation for Analytics. The tracking operation retrieves data about the page request through various means and sends this information to the Analytics server via a list of parameters attached to a single-pixel image request. The data that Google Analytics uses to provide all the information in the Organisation’s reports comes from the following sources: the HTTP request of the user, browser/system information and first-party cookies.

The information collected include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that qualifies as personal information as defined in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013). The information gathered is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and demographic information, in order to improve content thereon.

The DoJCD’s web traffic and information collected is safeguarded by Google Analytics. Google Analytics ensures the secure transmission of their JavaScript libraries and measurement data.

3. Personal information use

Personal information is used only for limited purposes e.g. when a user registers for a DoJCD-hosted event. When a user chooses to register online for a DoJCD-hosted event, the DoJCD will use the information the user submit to respond to the user. In addition, the web administrator may, when necessary, use a user’s information for various site-related tasks.

If you contact the DoJCD directly, the DoJCD may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send to the DoJCD, and any other information you may choose to provide.

4. Disclosure to third parties

The DoJCD will not share personal information with third parties or other public entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection. When the DoJCD is served with due legal process requiring the disclosure of personal information, it has the legal duty to abide by that demand, and will do so.

5. No agreement

Nothing contained herein creates or is intended to create a contract or agreement between the DoJCD and any user visiting the website.

6. Processing of Children's Information

The DoJCD recognises the importance of protecting children's privacy in the interactive online world and will not process the personal information of children (under the age of 18) unless a competent person, such as the child’s parent or guardian, provides the DoJCD with express permission to do so.

Severability

These terms and conditions of use constitute the entire professional or other relationship between the DoJCD and the user of this website. Any failure by the DoJCD to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such such unenforceability or invalidity and shall remain enforceable and applicable.

Updating of these terms and conditions

The DoJCD reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions of use at this website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

Choice of Law

This Website is controlled, operated and administered by the DoJCD from its offices as set out below within the Republic of South Africa . The DoJCD makes no representation that the content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the content is illegal is prohibited. The User may not use this Website in violation of South African laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng Division of the High Court, Pretoria or the Magistrates Court for the District of Pretoria, which ever the case may be, in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between the DoJCD and the User with regard to the use of the content and this Website.

Information about website and owner

The full name and legal status of the website owner is:

The Department of Justice and Constitutional Development (DoJCD), a national government department of the Republic of South Africa, as represented by the Director-General of the DoJCD.

The website address of this website is: www.justice.gov.za

In the event that you need to contact the DoJCD for purposes related to these Terms and Conditions, please use the following:

The Department of Justice and Constitutional Development

Postal Address: Private Bag X81, PRETORIA, 0001, South Africa

Street Address: Momentum Centre, 329 Pretorius Street (c/o Pretorius and Sisulu Streets), PRETORIA, South Africa

Branch: Public Education and Communications
Directorate: Internal Communication (Electronic Publications)
The Webmaster
Mrs M du Preez
Telephone: (+27) 012 315 1721
Email: webmaster@justice.gov.za

---

IMPORTANT NOTICE AND DISCLAIMER

This notice is deemed to form part of this communication in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is expressly prohibited. If you are not the intended recipient of this email (or such person's authorised representative), then:

(a) please notify the sender of this email immediately by return email, facsimile or telephone and delete this message from your system;

(b) you may not print, store, forward or copy this message or any part thereof or disclose or cause information in this message to be disclosed to any other person.

This communication and any information in or attached to this email message is intended only for the person or entity to whom it is addressed.

This information is confidential, and may be subject to legal privilege and confidentiality. Nothing in this message constitutes an offer, warranty or representation from the Department. While the Department is entitled to rely on and hold you to your offers, warranties, representations or other statements made in or attached to this message, departmental officials or representatives may not conclude agreements or otherwise bind this organ of state via email unless the email is sent from an authorised representative of this Department using a mutually agreed upon digital certification process. The Department cannot be held liable for any harm or loss resulting from malicious software code or viruses in this message or attachments, including data corruption resulting there from. None of the departmental officials or representatives are permitted to send unsolicited messages ("spam") and the Department cannot be held liable therefore. If you regard this message as spam, please inform the Department immediately by sending an email to ICTServiceDesk@justice.gov.za. Unless otherwise agreed:

(a) We are only deemed to have received an email once we have confirmed receipt thereof to you;

(b) We are deemed to have sent an email once reflected as "sent" on our email server.

If this message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender's scope of employment with the Department and only the sender can be held liable in his/her personal capacity. This disclaimer applies to the original message, any attachments and all subsequent messages or attachments the Department may send. If you have any questions on the above disclaimer, please contact the sender.