Terms And Conditions of Use for the Application Portal
As part of completing application form MCP01, users agree to the general terms of use of the Application Portal.
Disclaimer
- Whilst every effort has been made by the Petroleum Agency SA (“PASA”) to ensure the proper performance of this online service, the accuracy of the information and the reliability of the binary data on this online service, PASA or any of its employees, do not to the full extent permitted by law, guarantee the availability or accuracy of the content and/or information offered on this online service (“Service”)
- PASA makes no representations or warranties, whether express or implied and assumes no liability or responsibility for the proper performance of the Services and the Services are thus used at your own risk. In particular PASA makes no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
- This site may contain hyper-links to third party sites. PASA is not responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by PASA of the site(s) or services provided therein. You access those sites and use their services solely at your own risk.
Indemnification
- To the full extent permitted by law, you indemnify and hold PASA harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages which arise directly or indirectly out of a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the Services or your use of the Services, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, or the use of the Services, other than in respect of losses caused by PASA’s gross negligence or intentional misconduct.
- Without affecting the generality of paragraph 1 above, PASA shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to its network, termination of any licence to operate or use the network, an act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default, agent, contractor or sub-contractor, disputes or any other cause beyond PASA’s control.
Use of Services
You may only use the Services for lawful purposes and you warrant that you shall not:
- Attempt to transgress any security features of the Application Portal.
- Share or otherwise allow another person to use your authentication /password information.
- Perform any activity that is not authorised by the applicant or person that they represent.
- Perform any activity that transgresses any laws or regulations of the Republic of South Africa.
- Use the Services to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful.
- other than for your personal and non-commercial use, store on your computer, or print copies of extracts from this site, and you may not, other than for your personal and non-commercial use, "mirror" or cache information provided via this site on your own server, or copy, adapt, modify or re-use the text or graphics from this site without prior written permission from PASA.
If the Petroleum Agency SA becomes aware of any violation of the terms of use, it reserves the right to temporarily or permanently remove your access to the Application Portal for the individual/s concerned, and where necessary, take legal action.
Password / One-time Pin
If you have a password you undertake to keep it secure and warrant that no other person shall use the Services utilising your password, and you acknowledge further that you are responsible for ensuring that no unauthorised access to the Service is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
Intellectual Property Rights, Copyright & Trademark Notices
You acknowledge that PASA owns or is the licensor of the intellectual property rights in and to all Services contained herein, and that the unauthorised use thereof is expressly prohibited.
All data, forms and processes of the Application Portal are Copyright © 2014 Petroleum Agency SA. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Termination and Variation
To the full extent permitted by law, we reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this site and will be deemed to have been accepted by you if you continue utilising the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
General
- These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
- These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
- Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
- View PASA’s Access to Information Manual for details on our processes and procedures relating to the Promotion of Access to Information Act No. 2 of 2000 (“PAIA” and/or “the Act”).