Website Terms And Conditions

red_line

THESE TERMS AND CODITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE INDUSTRIAL DEVELOPMENT COMPANY OF ESWATINI LIMITED WEBSITE OR ANY PART THEREOF IN TERMS OF THE LAW GOVERNING COMMUNICATIONS IN THE KINGDOM OF ESWATINI.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE INDUSTRIAL DEVELOPMENT COMPANY OF ESWATINI LIMITED WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION
  • The IDCE website :- means the Industrial Development Company of Eswatini Limited (“The IDCE”) website located at http://www.idce.co.sz and includes any page, part or element thereof;
  • User :- means any person who enters or uses the IDCE website, notwithstanding the fact that such a person only visits the home page of the IDCE website.
  • Reference herein to the singular includes the plural and vice versa.

1. GENERAL

The Industrial Development Company of Eswatini (formerly SIDC) is a Development Finance Institution (DFI) with the following mandate:

  • To promote and facilitate economic growth and development in the Kingdom of Eswatini.
  • To identify opportunities for development of new and existing industrial commercial and agricultural business undertakings, to conduct all necessary research into the potential of all such undertakings, and to prepare, implement and execute plans for the establishment or improvement of such undertakings by whatever means appropriate, including but not limited to, direct financial investment in such undertakings, or active participation therein with persons, firms or companies whether locally or externally based.
  • Increase the value of its shareholders’ investments.

Established in 1987, IDCE has been fulfilling its mandate and helping businesses in Eswatini to grow.

2. ALLOWED USE AND LICENSE

2.1 IDCE licenses the User to view, download and print the content of the IDCE website, provided that such content is used for private, personal, educational and/or non-commercial purpose only.
2.2 Content from the IDCE website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IDCE.
2.3 Users may not access, browse and use the IDCE website for illegal purposes.
2.4 The caching of the IDCE website shall only be allowed if:

2.4.1 The purpose of the caching is to make the onward transmission of the content from the IDCE website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by IDCE.

2.5 If any User uses content from IDCE website in breach of the provisions detailed herein:

2.5.1 IDCE reserves the right to claim damages from the User;
2.5.2 IDCE reserves the right to institute criminal proceedings against the User; and
2.5.3 IDCE shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to IDCE website from any other source shall be directed at the home page of IDCE website.

2.7 IDCE shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the IDCE website, if such content was accessed through a hyperlink not directed at the home page of IDCE website. Persons that wish to link to content beyond the home page of IDCE website shall do so at their own risk and indemnify the IDCE against any loss, liability or damage that may result from the use of content from IDCE website, if such content was accessed through a hyperlink not directed at the home page of IDCE website. IDCE‘s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.8 Users may quote small and reasonable amounts of content available from IDCE website only if such quote is placed in inverted commas and acknowledged.

2.9 No person may frame IDCE website, in any manner whatsoever, without the prior written consent of IDCE.

2.10 Apart from bona-fide use of the search facility provided on the IDCE website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search, collect or copy content from the IDCE website for any purposes, without the prior written consent of IDCE. E-mail addresses, names, telephone numbers and fax numbers published on the IDCE website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the IDCE website may be used to communicate unsolicited communications to IDCE and all rights provided under the law are reserved.

2.11 All license and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by IDCE at any time without prior notice or giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the IDCE website, including but not limited to content, trademarks, domain names, patents, design elements, software, source, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to IDCE as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the ICDE website are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and IDCE website and/or download content from IDCE website.

5. WEBSITE OWNER’S DISCLOSURES

Access to the services, content, software and downloads available from IDCE website may be classified as “electronic transactions” and therefore IDCE has the duty to disclose the following information:

5.1 The full name and legal status of the website owner: The Industrial Development Company of Eswatini Limited;
5.2 Street address: Cnr Mdada & Lalufadlana Street, Mbabane;
5.3 Postal address: P.O. Box 866, Mbabane, Eswatini;
5.4 Physical address for receipt of legal services: Dlanubeka Building, fifth floor;
5.5 Main Business: IDCE is a Development Financer mandated to grow the Economny of Eswatini.
5.6 The website address of IDCE is: info@idce.co.sz;
5.7 Management: Please see the page Corporate Structure;
5.8 Users may lodge complaints concerning the IDCE website at info@idce.co.sz or feedback@idce.co.za or call +268 2404 4010.

6. CHANGES AND AMENDMENTS

IDCE reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

6.1 change these terms and conditions;
6.2 change the content and/or services available from the IDCE website;
6.3 discontinue any aspect of the IDCE website or service(s) available from the IDCE website; and/or
6.4 change the software and hardware required to access and use the IDCE website.

7. PRIVACY

7.1 IDCE shall take all reasonable steps to protect the personal information of Users.
7.2 IDCE may electronically collect, store and use the following personal information of Users:

7.2.1 name and surname;
7.2.2 contact numbers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 email address;
7.2.5 IP address; and/or
7.2.6 User selected username and password.

7.3 IDCE collects, stores and uses the abovementioned information for the following purpose:

7.3.1 to communicate requested information to the User;
7.3.2 to provide the User with access to restricted pages on this website; and
7.3.3 to compile non-personal statistical information about browsing habits, click- patterns and access to the IDCE website.

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5 IDCE may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 IDCE shall not disclose personal information from Users unless the User consents thereto;
7.5.2 IDCE shall not disclose information without the User’s consent only through due legal process; and
7.5.3 IDCE may compile, use and share any information that does not relate to any specific individual.

7.6 IDCE owns and retains all rights to non-personal statistical information collected and compiled by IDCE.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 IDCE may provide hyperlinks to websites not controlled by IDCE (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
8.2 IDCE does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1  IDCE shall take all reasonable steps to secure the content of the IDCE website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, the IDCE does not make any warranties or representations that content shall be 100% safe and secure.
9.2 IDCE is under no legal duty to encrypt any content or communications from and to the IDCE website and is also under no legal duty to provide digital authentication of any page on the IDCE website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the IDCE website or the server and computer network that support the IDCE website.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the IDCE website, whether on purpose or negligently, shall without any limitation, indemnity and hold IDCE harmless against any and all liability, damage and losses the IDCE and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and IDCE reserves the right to claim damages from any and all persons concerned with a security failure or breach.
9.6 Any User who commits any of the offences detailed below shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by IDCE and its partners / affiliates:

9.6.1 unauthorized access to, interception or interference with date;
9.6.2 computer related extortion, fraud and forgery; and
9.6.3 attempt and aiding and abetting.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 As far as allowed by law, IDCE (including its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1 access to IDCE website;
10.1.2 access to website linked to the IDCE website;
10.1.3 inability to access the IDCE website;
10.1.4 inability to access websites linked to IDCE website;
10.1.5 content available on the IDCE website;
10.1.6 service available from the IDCE website;
10.1.7 downloads and use of content from the IDCE website; and/or
10.1.8 any other reason not directly related to IDCE’s gross negligence.

10.2 IDCE website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with IDCE, that the content available from and through the IDCE website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

10.3 Information, ideas and opinions expressed on the IDCE website should not be regarded as professional advice or the official opinion of IDCE and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the IDCE website.

10.4 IDCE does not make any warranties or representation that content and service available from IDCE website will in all cases be true, correct or free from any errors. IDCE shall take all reasonable steps to ensure the quality and accuracy of content available from the IDCE website.

10.5 IDCE does not make any warranties or representations that the IDCE website shall be available at all times. Users acknowledge that the IDCE website may be unavailable due to updates or other causes beyond the reasonable control of IDCE, including, but not limited to virus infection, unauthorized access (hacking), power failure or “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the IDCE website to IDCE and IDCE undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. ENTIRE AGREEMENT AND SEVERABILITY

12.1 These terms and conditions constitute the entire agreement between IDCE and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by IDCE from the User.
12.2 Any failure by IDCE to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
12.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

13. APPLICABLE AND GOVERNING LAW

The IDCE website is hosted, controlled and operated from the kingdom of Eswatini and therefore, the laws of the kingdom of Eswatini enforced by the Eswatini courts, governs the use or inability to use the IDCE website, its content, services and these terms and conditions.

14. LEGAL COSTS

IDCE shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.