Last Updated: 25 August 2023
1. Introduction
These Terms and Conditions (“the Terms and Conditions”) govern the (“the User”) use of the National Consumer Commission (“the NCC”) website located at the domain name www.thencc.org.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained at the Website if they do not wish to be bound by these Terms and Conditions.
2. Applicability
These Terms and Conditions constitute the entire agreement between the NCC and the User, regarding the use of the Website and this Content may supplement the terms and conditions of any other Website of the NCC linked to this Website.
3. Fraudulent Activity
It is illegal to fraudulently insert, or record any information that is false, untrue, or unreliable on this website. Any such fraudulent act by the User, shall constitute a breach of these terms and conditions. In addition, thereto, the NCC reserves the right to bring any civil action or lay any criminal charges against such User and terminate access or the account of such User.
4. Declaration
Any User who accesses this Website, declares that the information they load is true, correct, reliable, and not fraudulent and shall not constitute a criminal offense or attract any civil liability against the NCC or the User.
5. Warranty
Both the NCC and the User warrant that the information provided on this website will not be used for any other reason than its original intended purpose.
6. Copyright and Intellectual Property Rights
All Users of this website shall always upload or access information that complies with all the laws governing copyright ownership and intellectual property. Any infringement of the copyrights, trademarks, or intellectual property of a third party is prohibited, and the User who violates these terms and conditions is fully accountable and liable for that infringement.
7.Restrictions
No one is allowed to access, acquire, or copy any part of the content of this Website or any content or cede the rights acquired by this Website without the written consent of the NCC. No one may edit, vary, reproduce, or disseminate information accessed, acquired, or obtained through this Website without having obtained the necessary consent of the NCC.
8. Mobile and other Electronic Devices
Users are solely responsible for backing up any data on their mobile and other devices. The NCC or its suppliers will not be held responsible for any data lost because of a faulty device.
9. Disclaimer: availability of service
Any delay or failure in the transmission of any information due to technical failure shall not attract any civil or criminal liability on the part of the NCC. However, the NCC undertakes to maintain the website and attend to any technical fault/ failure as a matter of urgency, whenever such failure/ fault is brought to its attention.
10. Limitation of liability
The Website and all its content, including any current or future offer of services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The NCC makes no warranty or representation as to the availability, accuracy, or completeness of the content. Neither the NCC nor any affiliate of the NCC shall be held responsible for any direct or indirect special, consequential, or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked Website (s), even if the NCC is expressly advised thereof.
11. Jurisdiction
This Website is hosted within the Republic of South Africa. The NCC makes no undertaking that the content is appropriate or available for use in other locations or countries. Access to the Website from regions or countries where the content may be illegal is prohibited. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
12. Privacy: Access to, and use of information
The NCC may receive numerous types of information from Users who access the Website. The NCC will endeavour to protect any Information received by it. To ensure Users are familiar with and are aware of the privacy measures and policies of the NCC, the User is urged to read and understand the underlying privacy sections incorporated in these Terms and Conditions:
12.1. Privacy: Personal Information
The NCC respects your privacy and is committed to the protection of Users’ personal information in compliance with the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (“POPIA”). Your information will be collected, used, processed, and stored in accordance with the provisions of POPIA and/ or the NCC’s Privacy policies.
Definition of Personal Information
According to the POPIA ‘‘Protection of Personal Information Act’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.
Personal Information the NCC may collect
What we do with the information we collect via the NCC’s online platforms
Users’ rights to their personal information in possession of the NCC
As a User you have the right to:
12.2. Privacy: Casual Browsing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The NCC uses this information to determine the use of the Website and to improve the content thereon.
12.3 Privacy: Unsolicited Information
If a User posts unsolicited content or other information (“the Information”) to the Website and other integrated platforms accessible from the Website, and unless otherwise indicated, then the User grants the NCC a non-exclusive, royalty-free, perpetual, irrevocable, and full right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information in any media without restrictions.
The User grants to the NCC the right to use the name that the User submits in connection with such Information if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to the NCC, the User does not violate these Terms and Conditions, and does not infringe the rights of any person or entity; and that the User will indemnify the Owners for all claims resulting from the receipt by the NCC of the Information the User supplies to it.
The NCC reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. The NCC takes no responsibility and assumes no liability for any Information posted by the User or any third party.
12.4 Privacy: Promotional Information
The NCC aspires to continuously improve its services provided to Users/ Consumers, which necessitates the NCC providing information to the User as and when necessary. In each instance, the User will be provided an opportunity to opt out of receiving such information.
12.5 Privacy: Lawful Purposes:
When the NCC is served with due legal process requiring the delivery of personal information belonging to a stakeholder, it has the legal duty to abide by that demand and will do so.
12.6 Privacy: Surveys
The NCC may occasionally conduct online User/ consumer care-related surveys to facilitate the updating of its service standards. The NCC will inform the User how the information gathered will be utilized and will provide the User with the opportunity to opt-out of such surveys.
12.7 Privacy: Cookies
When you visit our website, we may make use of “cookies” to automatically collect information and data about Users. If you do not want information collected by means of cookies, please disable the use of cookies in your web browser. However, cookies may be necessary to improve User experience.
12.8 Disclosure of Information
The NCC may disclose User’s personal information to its service providers who are involved in the delivery of the services the NCC provides. The NCC has agreements in place to ensure that the NCC’s service providers comply with the privacy requirements as required by the Protection of Personal Information Act.
The NCC may disclose information in the process of conducting an Investigation and/or taking enforcement action as mandated in terms of the CPA, or where the NCC has a duty or a right to disclose the information in terms of the laws of the Republic of South Africa.
13. Links to Other Websites:
The NCC’s website may contain links to other websites of interest, however, once you have used these links to leave the NCC website, you should note that the NCC does not have any control over any other website. Therefore, the NCC is not responsible for the protection and privacy of any information which you provide whilst visiting other organizations’ linked sites and such sites are not governed by these terms of use and privacy notice. You should exercise caution and look at the privacy statement applicable to the websites in question.
14. Information Security
The NCC is legally obliged to implement adequate security controls to keep the information it holds secure and to stop unauthorized access to personal information. To prevent unauthorized access and disclosure of personal information, the NCC implements and will continuously review its security controls.
15. Right to amend or review these Terms and Conditions
The NCC reserves the right to amend or review these Terms and Conditions at any time when it deems it necessary.
16. Contact Details:
In the event that the User needs to contact the NCC for purposes related to these Terms and Conditions, please use the following:
Email: informationofficer@thencc.org.za