Terms Of Use

Website Terms of Use

Welcome to the website of Babcock International Group’s Africa Division whose registered office is at Riley Road Office Park, 15E Riley Road, Bedfordview, 2007, South Africa. Company Registration in South Africa No. 1960/003214/07. ("Babcock", "We" or "Us").

The use of this website and hyperlinks is subject to these terms and conditions and our Privacy Policy. We may modify these terms and conditions from time to time in our sole discretion and your continued use of this website shall constitute acceptance of such modifications as and when same occur.

Please note that in terms of the Consumer Protection Act, 2008, a consumer is to be given an adequate opportunity to receive and understand these terms.  Please take sufficient time to acquaint yourself with such terms and understand their importance and effect.

If you are uncertain as to your rights under them or if you have any queries or comments about them, please contact us at enquiries@babcock.co.za or seek independent legal advice.

Content / Software

All content, software and source code included or used on this site, including text, graphics, logos, icons, images, and the arrangement and compilation of such content and any databases are the property of Babcock or its suppliers. All such content, software and source code are protected by South African and international intellectual property laws, including, copyright laws.

Any use of such intellectual property rights, software or source code or any reproduction of the Content is strictly prohibited except where expressly allowed under these Terms.

Without detracting from the above, Babcock hereby authorises you to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:

such content is used for information purposes only;
such content is used for non-commercial purposes.  You are expressly prohibited from incorporating any material from this website in any other work, publication or website either of your own or belonging to any third party;
any reproduction of this the content of this website, or portion thereof, must include this copyright notice in its entirety;
documents specified above do not include the design or layout of this website.  Elements of this website are protected by law and may not be copied or imitated in whole or in part.  No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Babcock in writing.

Disclaimer

The information contained in this Site is not an invitation to invest in shares, or any other products or services or otherwise deal in these or enter into a contract with Babcock or any other company. The information provided should not be relied upon in connection with any investment decision. The past performance of Babcock or any other company referred to in this Site cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up.

We make no express or implied warranty or representation:

as to the accuracy, completeness, fitness for any particular purpose or currency of the information (including any opinions) accessible via this Site and we request that wherever possible, you verify data which is available on the Site with an independent source;
that the Content is free from viruses or anything else that has contaminating or destructive properties including where such viruses or other programmes result in loss of or corruption to your data or other property; or
as to the operation, quality, functionality or accessibility of the Site.

Whilst we will do our best to maintain the operation of the Site in accordance with these Terms, we will not be responsible for the computer equipment and telephone services which you use to access the Site. Please also note that the Site will on occasion be unavailable because of maintenance and repair works which we carry out on the Site.

No other warranties, conditions, undertakings, representations, terms or other liabilities whether express or implied, statutory or otherwise (if any) arising out of or in connection with the use of (or inability to use) the Site or any material on the Site or any action or decision taken as a result of using the Site or any material on it are given.

Babcock shall have no liability whatsoever for any death or personal injury arising out of use of the Site unless such death or personal injury arises as a result of the negligence of Babcock or its employees.

Your use of this website and the information contained therein is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.  Subject to the previous paragraph, neither Babcock its directors, shareholders, employees, affiliates (or their shareholders), agents or consultants shall have any liability whatsoever for any direct, indirect, special or consequential losses or damages, howsoever arising (including, but not limited to loss of business, loss of opportunity, loss of sale, loss of goodwill, loss of profits or increased costs), whether in an action arising out of contract, statute, delict or otherwise, relating to the use of this website or the information contained therein or reliance on any information, materials or online services provided by Babcock, even if Babcock has been advised of the possibility thereof.

Any claim for loss or damage caused by us which you wish to make must be notified to us as soon as practicable after the loss or damage is discovered.

In the event of any claim against us by a third party resulting from use of the Site by you, you will be responsible for all of our losses, damages and reasonable costs and expenses. In the event of a third party claim against us, you agree that you will:

give us full authority to conduct the matter, including as to defending or settling the matter; and
give us all reasonable assistance which we require from you in relation to the matter.

Except as expressly stated, nothing in these Terms will reduce your statutory rights relating to the manner in which we perform this Agreement.

Transmission of information. 

Your attention is drawn to the fact that information transmitted via the Internet in unencrypted format, including without limitation e-mail, is susceptible to monitoring and interception.  Accordingly, any information you send may be subject to interception and monitoring. You are therefore discouraged from transmitting to Babcock any information which may be confidential, proprietary or sensitive.  You shall bear all risk of transmitting such information in this manner and under no circumstances will Babcock be liable for any loss, harm or damage suffered by you as a result thereof.  Babcock reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should Babcock deem it necessary. We request that no unsolicited confidential or proprietary information be sent to us.

Hyperlinks

 Babcock may provide hyperlinks to other Internet sites. Babcock is not responsible for the availability of such other sites and does not endorse, and is not responsible or liable for any content, products or other materials available on such other sites.

Advertisements and Sponsorship

 This Site may contain material, including advertising and sponsorship, which originates from third parties. We accept no liability in relation to such materials. We provide such advertising and sponsorship for your convenience only and do not necessarily endorse the content of those advertisements and/or sponsorship. We are not in any way responsible for any transaction conducted between you and any third party who is advertised/provided sponsorship on the Site. Any transactions which you conduct with them is conducted at your own risk.

Illegal Use

 You may only use the Site for lawful purposes. You must not illegally transmit, distribute or store any material or violate any applicable regulation. This includes, without limitation, material which is protected by copyright, trade mark, trade secret or intellectual property right which you use without permission. You may not circumvent or attempt to circumvent Babcock's security systems by 'cracking', 'hacking' or otherwise.

In the interests of all our users, Babcock will co-operate with investigations by any law enforcement or relevant authorities of suspected criminal activity or violation of systems or network.

Governing Law

These terms and conditions, together with the Privacy Policy, are subject to the laws of the Repbulic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.  You submit to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in respect of any claim which may arise pursuant to these Terms or your use of the Website.

Miscellaneous

We may amend these Terms at any time by posting the amended Terms on our site. All amended Terms will automatically apply once they are posted on our site. It is your responsibility to make sure that you are aware of any such amendments and you will be deemed to have accepted them if you access the Site after they have been made.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.