E Taxes

5.1 TAXtalk/eTaxes information service ("the information service") is comprised of information and content, which includes but is not limited to advertising services, general news, e-commerce, interactive chat rooms, trading sites, news groups and forums (moderated and unmoderated) provided by TAXtalk/eTaxes and third parties with whom Tax Talk/eTaxes has contracted.

5.2 TAXtalk/eTaxes may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

7.1 TAXtalk/eTaxes hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user.

7.2 Notwithstanding anything contained in clause 7.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account.

7.3 The user shall not copy any of the content or software without first obtaining TAXtalk/eTaxes consent and TAXtalk/eTaxes reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur.

7.4 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account.

7.5 Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent.

The user agrees that :

8.1 Use of the information service is at the user's sole risk. Neither TAXtalk/eTaxes nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers")

8.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct;

8.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement.

8.2 The user shall not add to the information service any material that violates the intellectual property rights of any other person.

8.3 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content:

8.3.1 which violates or infringes upon the rights of any other;

8.3.2 which, under the circumstances and in TAXtalk's/eTaxes' sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed;

8.3.3 which is unsuitable for children and minors;

8.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons;

8.3.5 which detrimentally affects the information service or TAXtalk/eTaxes in any way whatsoever;

8.3.6 which contains any virus or any other attribute that may cause a corruption of data;

8.3.7 which, without the approval of TAXtalk/eTaxes, contains any advertising, promotion or solicitation of goods or services for commercial purposes.

8.4 TAXtalk/eTaxes site may produce automated search results or otherwise 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 TAXtalk/eTaxes and the user acknowledges that TAXtalk/eTaxes is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such sites. The inclusion of such a link does not imply endorsement of the site by TAXtalk/eTaxes or any association with its operators.

9.1 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose.

9.2 The user waives any claim which the user may have against TAXtalk/eTaxes, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service.

9.3 The user acknowledges that TAXtalk/eTaxes will not be required to edit or review for accuracy or appropriateness any content within the service.

9.4 The user hereby indemnifies TAXtalk/eTaxes its subsidiaries and affiliated companies, contractors, officers and its employees or suppliers and holds them harmless against all claims or actions which may be instituted against TAXtalk/eTaxes for loss or damage which may be incurred by TAXtalk/eTaxes arising out of the user's use of the web-site or any breach of these terms and conditions by the user.

12.1 TAXtalk/eTaxes reserves all copyrights and other rights in and to any content available through the information service that is identified as, claimed by TAXtalk/eTaxes as, or known by the user to be, proprietary to TAXtalk/eTaxes or its licensors or suppliers. The content on the information service is protected under applicable copyright law, including as a collective work.

12.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to TAXtalk/eTaxes or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with TAXtalk/eTaxes business or the business of Tax Talk/eTaxes assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by TAXtalk/eTaxes in the exercise of this grant.

USE OF USER INFORMATION BY TAXtalk/eTAXES

13.1 TAXtalk/eTaxes may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service.

13.2 TAXtalk/eTaxes will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records.

13.3 TAXtalk/eTaxes may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.

13.4 The user acknowledges:

13.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes;

13.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities.

13.5 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by TAXtalk/eTaxes.

GOVERNING LAW AND JURISDICTION

This User Agreement is governed by the laws of the Republic of South Africa.

15.1 Information, ideas and opinions expressed in TAXtalk emails are to be used as a guideline only and should not be regarded as final professional advice or the official opinion of TAXtalk and/ or its agents.

15.2 Recipients are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed herein.

15.3 Furthermore, TAXtalk and/or its agents makes no representatives or warranties, implied or otherwise, that amongst others, the content available in its emails communication are free from errors or omissions or that the service is 100% uninterrupted and error free.

15.4 TAXtalk and/or its agents accepts no responsibility if any information, ideas and opinions expressed email communication used without a full and proper professional legal opinion or advice.

15.5 TAXtalk, and its agents can, at your request, make suggestions where such a full and proper professional legal opinion or advice may be obtained.

16.1 No agreement to alter, vary or cancel this agreement and no addition or amendment to or deletion from this agreement shall be of any force and effect unless reduced to writing and signed by all the parties.

16.2 No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

16.3 This agreement contains the whole agreement between the parties and no other warranty or undertaking is valid, unless contained in this document between the parties.

	DISCLAIMERS

eTaxes TAXtalk/eTaxes User Agreement Your access to and use of TAXtalk/eTaxes website as the user ("the user") shall be subject to the following terms and conditions. If you do not agree with these terms, please do not use this site. We reserve the right at our discretion to update or revise the terms of use. Your continued use of this site following the posting of any changes to the terms of use constitutes acceptance of those changes. COPYRIGHT Copyright 2003-2008 TAXtalk/eTaxes, 13 Vincent Street, Risidale, 2195, South Africa. All rights not expressly granted or reserved. To obtain permissions for the commercial use of any content on this site e-mail us or phone customer support on 0861 829 825 for assistance. Users may download, view and print content from this site for private and non-commercial purposes only. All moral rights of TAXtalk/eTaxes and its employees are reserved. TAXtalk/eTaxes does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform TAXtalk/eTaxes of any content that may be offensive or illegal. INTELLECTUAL PROPERTY RIGHTS All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to TAXtalk/eTaxes and as such are protected from infringement by local and international legislation and treaties. ELECTRONIC COMMUNICATIONS When a user visits TAXtalk/eTaxes or sends e-mails to TAXtalk/eTaxes, that user consents to receiving communications from TAXtalk/eTaxes electronically and agrees that all agreements, notices, disclosures and other communications sent by TAXtalk/eTaxes satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing". HYPERLINKS No person, business or web site may link to any page on this site without the prior written permission of TAXtalk/eTaxes. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with TAXtalk/eTaxes. Hyperlinks provided on this site to non- TAXtalk/eTaxes sites are provided as is and TAXtalk/eTaxes does not necessarily agree with, edit or sponsor the content on such web pages. THE INFORMATION SERVICE 5.1 TAXtalk/eTaxes information service ("the information service") is comprised of information and content, which includes but is not limited to advertising services, general news, e-commerce, interactive chat rooms, trading sites, news groups and forums (moderated and unmoderated) provided by TAXtalk/eTaxes and third parties with whom Tax Talk/eTaxes has contracted. 5.2 TAXtalk/eTaxes may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage. SUBSCRIPTIONS i) When making application to become a subscriber, users agree that: a. they will be irrevocably bound by the terms and conditions applicable to the use of this web site b. they will provide full and accurate information c. it is the user's responsibility to check and update information pertaining to their user account d. on registration they will provide a username and password e. registration is for a single user and a subscriber's username and password cannot be shared with any other person f. a single username and password cannot be used to allow multiple access to other users over a network ii ) Subscribers and users further undertake not to g. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications h. modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network i. make available or upload files that contain software or any other material not owned or licensed to the subscriber j. make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers. GRANT 7.1 TAXtalk/eTaxes hereby grants to the user a personal, non-exclusive, non-assignable and non-transferable right to use and display all content and software included in the information service on any computer of which the user is the primary user. 7.2 Notwithstanding anything contained in clause 7.1 above the user may designate members of the user's household to use the information service in accordance with the terms of this agreement, provided it is done by using the user's computer equipment or account. 7.3 The user shall not copy any of the content or software without first obtaining TAXtalk/eTaxes consent and TAXtalk/eTaxes reserves all its rights, including the right to institute legal action and to terminate this agreement, should such infringement occur. 7.4 The user shall be responsible for all use of the information service accessed through the user's account, as defined by any user identification mechanisms such as cookies, passwords or authentication certificates, and the user hereby agrees to be personally liable for any and all obligations entered into or assumed by others who access the information service through the user's account. 7.5 Neither the user nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the information service, without the prior written consent. THE TERMS OF USE The user agrees that : 8.1 Use of the information service is at the user's sole risk. Neither TAXtalk/eTaxes nor any of its information providers, licensors, suppliers, employees, agents, or Internet Service Providers ("the suppliers") 8.1.1 guarantee that the information service will be uninterrupted, error-free, accurate or correct; 8.1.2 shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the information service or inability to use the service or out of any breach of this agreement. 8.2 The user shall not add to the information service any material that violates the intellectual property rights of any other person. 8.3 The user shall not upload, post or otherwise publish on or over the information service, and not seek on or over the service, any software, file, information, communication or other content: 8.3.1 which violates or infringes upon the rights of any other; 8.3.2 which, under the circumstances and in TAXtalk's/eTaxes' sole discretion, is, or is likely to be perceived by an intended recipient or target as, defamatory, deceptive, misleading, abusive, profane, pornographic, offensive or inappropriate or contrary to any laws of the countries in which the information service may be accessed; 8.3.3 which is unsuitable for children and minors; 8.3.4 which constitutes a threat to, harassment of, or invasion of privacy of any person or legal persons; 8.3.5 which detrimentally affects the information service or TAXtalk/eTaxes in any way whatsoever; 8.3.6 which contains any virus or any other attribute that may cause a corruption of data; 8.3.7 which, without the approval of TAXtalk/eTaxes, contains any advertising, promotion or solicitation of goods or services for commercial purposes. 8.4 TAXtalk/eTaxes site may produce automated search results or otherwise 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 TAXtalk/eTaxes and the user acknowledges that TAXtalk/eTaxes is not responsible for the accuracy, copyright compliance, legality or decency of any other aspect or the content of such sites. The inclusion of such a link does not imply endorsement of the site by TAXtalk/eTaxes or any association with its operators. DISCLAIMER AND INDEMNITY 9.1 The information service is distributed in good faith without any warranties either express or implied, including any implied warranties of the merchantability, non-infringement of third party rights, freedom from viruses or other harmful code or fitness for a particular purpose. 9.2 The user waives any claim which the user may have against TAXtalk/eTaxes, its subsidiaries and other affiliated companies and their employees, contractors and officers in respect of any selection of, or retention of, or the acts or omissions of, third parties in connection with the information service. 9.3 The user acknowledges that TAXtalk/eTaxes will not be required to edit or review for accuracy or appropriateness any content within the service. 9.4 The user hereby indemnifies TAXtalk/eTaxes its subsidiaries and affiliated companies, contractors, officers and its employees or suppliers and holds them harmless against all claims or actions which may be instituted against TAXtalk/eTaxes for loss or damage which may be incurred by TAXtalk/eTaxes arising out of the user's use of the web-site or any breach of these terms and conditions by the user. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with TAXtalk/eTaxes that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software. All items purchased from TAXtalk/eTaxes are made pursuant to agreements with shipping and delivery agents and risk of loss pass from TAXtalk/eTaxes to such agents upon delivery of any item to such carrier. Neither TAXtalk/eTaxes nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site. COSTS Prices: The price of each product is inclusive of postage and delivery up to 1kg. Thereafter, additional charges will apply. PAYMENT METHODS Credit card payments At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. Payment is only collected when the order is completed and the goods shipped. Note that to protect it's own and the interests of customers, TAXtalk/eTaxes scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if TAXtalk/eTaxes is not satisfied with it's legitimacy. Bank deposit payments. - If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the TAXtalk/eTaxes bank account and it would be subject to the following rules: • the exact amount must be paid • the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer. • no transfers must be made from ATM's • cheque deposits are subject to a clearing period. • no bank deposits are accepted from outside the borders of South Africa. • unpaid bank deposit orders are cancelled after five business days. IMMATERIAL PROPERTY RIGHTS 12.1 TAXtalk/eTaxes reserves all copyrights and other rights in and to any content available through the information service that is identified as, claimed by TAXtalk/eTaxes as, or known by the user to be, proprietary to TAXtalk/eTaxes or its licensors or suppliers. The content on the information service is protected under applicable copyright law, including as a collective work. 12.2 The user or designated user who places or has placed software, a file, information, communication or other content on, in, over or through the accessible areas of the service grants to TAXtalk/eTaxes or assignees an exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use in connection with TAXtalk/eTaxes business or the business of Tax Talk/eTaxes assignees such software, files, information, communications and other content, regardless of the medium, technology or form utilised by TAXtalk/eTaxes in the exercise of this grant. USE OF USER INFORMATION BY TAXtalk/eTAXES 13.1 TAXtalk/eTaxes may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular user of the information service. 13.2 TAXtalk/eTaxes will be entitled in its sole discretion and without notice to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten rights of any person or entity, and to maintain and use internally such information and records. 13.3 TAXtalk/eTaxes may also provide online and e-mail communications to the user on matters pertaining to the information service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith. 13.4 The user acknowledges: 13.4.1 that communications within the information service may be monitored or reviewed for quality control and other reasonable business purposes; 13.4.2 that advertising and promotion may occur on the information service and that the user shall not have any claim with respect to any proceeds from such activities. 13.5 The use of the user information and the disposal or dissemination thereof shall not constitute invasion of privacy by TAXtalk/eTaxes. GOVERNING LAW AND JURISDICTION This User Agreement is governed by the laws of the Republic of South Africa. TAXtalk ELECTRONIC COMMUNICATIONS 15.1 Information, ideas and opinions expressed in TAXtalk emails are to be used as a guideline only and should not be regarded as final professional advice or the official opinion of TAXtalk and/ or its agents. 15.2 Recipients are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed herein. 15.3 Furthermore, TAXtalk and/or its agents makes no representatives or warranties, implied or otherwise, that amongst others, the content available in its emails communication are free from errors or omissions or that the service is 100% uninterrupted and error free. 15.4 TAXtalk and/or its agents accepts no responsibility if any information, ideas and opinions expressed email communication used without a full and proper professional legal opinion or advice. 15.5 TAXtalk, and its agents can, at your request, make suggestions where such a full and proper professional legal opinion or advice may be obtained. GERERAL 16.1 No agreement to alter, vary or cancel this agreement and no addition or amendment to or deletion from this agreement shall be of any force and effect unless reduced to writing and signed by all the parties. 16.2 No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future. 16.3 This agreement contains the whole agreement between the parties and no other warranty or undertaking is valid, unless contained in this document between the parties. SECURITY Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that TAXtalk/eTaxes suffers any damage or loss. The user agrees and warrants that its log-in name and password shall: a. be used for personal use only; and b. not be disclosed to any third party. The user allows TAXtalk/eTaxes to take all reasonable steps to ensure the integrity and security of the TAXtalk/eTaxes site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte. CHANGES TO AGREEMENT TAXtalk/eTaxes may, in its sole discretion, change this agreement or any part thereof at any time without notice. DOMICILIUM TAXtalk/eTaxes chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 13 Vincent Street, Risidale, 2195, South Africa.
�TAXtalk / eTaxes 2003 - 2008. All Rights Reserved.