Terms of Use

Welcome to the website of www.bib.co.za, further referred to as Barker Insurance.

1. ACCEPTANCE OF TERMS THROUGH USE

Use of this website, and information distributed in conjunction with this website, including without limitation the www.bib.co.za email service, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website, website information or services. We suggest you print a copy of each of these documents for your records.

Barker Insurance shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on October 3, 2007.

2. RULES OF USER CONDUCT

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another`s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
  5. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Barker Insurance;
  6. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  7. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data;
  8. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  9. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the jokectioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  10. impersonates any person or entity, including any employee or representative of Barker Insurance.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.

Barker Insurance generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, Barker Insurance and its agents have the right at their sole discretion to remove any content that, in Barker Insurance`s judgment, does not comply with the this agreement or is otherwise harmful, objectionable, or inaccurate. Barker Insurance is not responsible for any failure or delay in removing such content.

3. INDEMNITY

You agree to indemnify and hold Barker Insuranceand its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of Your Content, Your use of or connection to the website (including any use by You on behalf of Your employer) and Your misuse of the website and information.

4. LIMITATION OF LIABILITY

  1. To the full extent permitted by law, Barker Insurance is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if Barker Insurance has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.
  2. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

5. PRIVACY POLICY

ou have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.bib.co.za/admin/privacy-policy.

6. CONTRIBUTIONS TO Barker Insurance

here you are invited to submit any contribution to Barker Insurance (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Barker Insurance a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Barker Insurance` Privacy Policy. If you do not want to grant to Barker Insurance the rights set out above, please do not submit your contribution to www.bib.co.za.

7. CONTENT SUBMITTED TO Barker Insurance

  1. Barker Insurance does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in Barker Insurance` Privacy Policy, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. Sun shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant Barker Insurance and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among Barker Insurance, its affiliates, and third-party providers of any information that You may provide on the Website.
  2. Barker Insurance does not routinely monitor Content, but Barker Insurance and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.

8. DISCLAIMER

This website is for informational purposes only and is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

Barker Insurance has used its best commercial efforts to obtain the most accurate information available, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Barker Insurance shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person`s computer as a result of using this website.

Barker Insurance reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Barker Insurance nor any of its associates (including service providers) be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Barker Insurance or such provider has been advised of the possibility of such damages.

9. COPYRIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Barker Insurance, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Barker Insurance is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Barker Insurance. Permission is granted only when certain limited criteria are met.

10. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Barker Insurance and provide the following information:

  1.  a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  2. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  3. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  4. your name, address, telephone number, and email address.
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. a statement by you that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner`s behalf.

11. CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

12. THIRD PARTY SITES

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Barker Insurance, and you acknowledge that Barker Insurance is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Barker Insurance or any association with its owners and operators.

13. DISCLAIMER OF WARRANTIES

  1. Your use of the website is at your sole risk unless otherwise explicitly stated. The website, including the information, services and content is provided on an “as is” “as available” and “with all faults” basis. Barker Insurance disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Barker Insurance makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the website.
  2. Barker Insurance makes no warranty or representation that: (a) the website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.
  3. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses.

14. JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African Courts. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the courts of South Africa.

15. GENERAL

  1. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Barker Insurance with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Biz-community with respect to this site.
  2. If there is any conflict between these terms and specific terms appearing elsewhere on www.bib.co.za then the latter shall prevail.
  3. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
  4. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  5. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.