These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Office of the Pension Fund Adjudicator ("Provider") website located at the domain name (https://www.pfa.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. 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 at the Website.
Updating of these Terms and Conditions:
The Provider reserves the right to change, modify, add to, or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the 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, including such changes or updates.
Copyright and Intellectual Property Rights:
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third-party owners of such content, and includes but is not limited to Pension Funds Adjudicator determinations, Communication Notices, Media Releases, Annual Reports, OPFA Policies, Procurement Documents, Vacancies, Contact Information, Literary Works, Artistic Works, Published Editions and Computer Programs ("the Content"). All such Content is the copyright of the Provider, its affiliates or subsidiary, or any other third-party owner of such rights ("the Owners") and is protected by South African and International copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to services offered through the Website at any time and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
Limited License to General Users:
The Provider grants to the User, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited, and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
The Website and the Content may be used for the purposes of conducting research into pension/retirement fund law and for matters that are of public interest relating to the retirement funds industry.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
The license does not allow any derivative use of the Website or the Content for commercial purposes.
The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
Any minor using the Website for the purposes of lodging a complaint with the OPFA must be assisted by their legal guardian.
The Provider reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.
Limitation of liability:
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy, or completeness of the Content. The Provider shall not 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, even if the Provider is expressly advised thereof.
Privacy, access to and use of information:
The Provider receives various types of information ("the Information") from Users who access the Website. The Provider makes every effort to protect any Information received by it. 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. Internet e-mail is vulnerable to interception and forging. The Provider will not be responsible for any damages you or any third party may suffer because of the transmission of confidential information that you make to the Provider through the Internet, or that you expressly or implicitly authorise the Provider to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
1. Privacy: Casual Surfing:
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 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. Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute, or otherwise use such information without limitation.
2. Privacy: Unsolicited Information:
If the User posts unsolicited content or other information ("the Information") to the Website, and unless otherwise indicated, then the User grants to the Provider a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Provider 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 the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to the Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Provider for all claims resulting from the receipt by the Provider of the Information the User supplies to it. The Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility and assumes no liability for any Information posted by the User or any third party.
3. Privacy: Solicited information the User gives to Provider:
The Provider requires certain personal information if the User requires any of Provider's services. The Provider receives and stores all Information the User enters on the Website or gives to the Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services that the User may wish to obtain from this Provider. The Provider provides its services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Provider a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities.
4. Privacy: Promotional Information
The Provider aspires to effectively execute its mandate in terms of section 30D of the Pension Funds Act, which inter alia necessitates the Provider providing information to the User regarding developments taking place at the OPFA. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or send an email to the WEBMASTER.
5. Privacy: Lawful Purposes:
When the Provider is served with due legal process requiring the delivery of Personal Information relating to third parties, it has the legal duty to abide by that demand and will do so.
When the Provider is served with pension fund related complaints requiring the receipt of personal complainant Information, it has the legal duty to abide by the requirements set in the Pension Funds Act, 1956, and will do so.
6. Privacy: Surveys:
The Provider understands that efficiency and customer care translate to good service. The Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, the Provider will inform the User how the information gathered will be used and will provide the User with the opportunity to opt-out from such surveys.
Choice of Law:
This Website is controlled, operated, and administered by the Provider from its offices as set out below within the Republic of South Africa. The Provider makes no representation that the Content is appropriate or available for use in other 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 North Gauteng Provincial Division of the High Court or the Magistrates Court for the District of Pretoria, whichever 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 Provider and the User with regard to the use of the Content and this Website.
Contact Details:
If you need to contact the Provider for purposes related to these Terms and Conditions, please use the following:
The Office of the Pension Funds Adjudicator
4th Floor, Riverwalk Office Park, Block A, 41 Matroosberg Road, Ashlea Gardens, Pretoria, South Africa, 0181
The Webmaster
Telephone: (+27) 012 748 4000
Fax: (+27) 086 693 7472
Email: enquiries@pfa.org.co.za
