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The parties agree that:
The use of the information on the website is at the user’s sole risk. Neither the Electoral
Commission nor any of its information providers, licensors, suppliers, employees, agents or
Internet Service Providers:
• guarantee that the information on the website will be uninterrupted, error-free,
accurate or correct;
• shall be liable for any direct, indirect, incidental, special or consequential damages
arising out of the use of the information or inability to use the information or out of
any breach of this agreement
4.2 The user shall not add, upload, post, publish any software files or any material that violates
the intellectual property rights of any person or any other content which:
• violates or infringes upon the rights of any other;
• under the circumstances and in the Electoral Commission 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
may be accessed;
• is unsuitable for children and minors;
• constitutes a threat to, harassment of, or invasion of privacy of any person or
legal persons;
• could detrimentally affect the information of the Electoral Commission in any
way whatsoever;
• contains any virus or any other attribute that may cause a corruption of data;
• contains any advertising; promotion or solicitation of goods or services for
commercial purposes without the approval of the Electoral Commission.
4.3 The Electoral Commission website may produce automated search results or may
otherwise link the user to other websites on the internet that may contain information or
material that some viewers might find inappropriate or offensive. These websites are not
under the control of the Electoral Commission and the user acknowledges that the Electoral
Commission is not responsible for the accuracy, copyright compliance, legality or decency
of any other aspect or the content of such sites. The inclusion of the link does not imply
endorsement of the website by the Electoral Commission or any association with its
operator contents thereof.
5 DISCLAIMER AND INDEMNITY
5.1 The information on the Electoral Commission website 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.
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5.2 Although the Electoral Commission seeks to ensure that the information of the website is up
to date and accurate the user acknowledges that the Electoral Commission will not be
required to edit or review for accuracy or appropriateness of the content on the website.
5.3 The user waives any claim which they may have against the Electoral Commission in
respect of any selection of, or retention of, or the acts or omissions of third parties in
connection with the information on the website.
5.4 The user acknowledges that the Electoral Commission relies solely on the information
provided by the user, when receiving any Instructions from the user to process, and that the
user is accountable and responsible for the correctness of every Instruction.
5.5 The Electoral Commission shall not incur any liability as a result of any mistake made by
the user when submitting its Instructions to the Electoral Commission.
5.6 The user hereby indemnifies the Electoral Commission, its officers and its employees and
holds them harmless against all or any claims or action whatsoever in nature which may be
instituted against the Electoral Commission in respect of loss and/or damages which may
be incurred by the user arising out of the user’s u tilisation of the website or any breach of
these terms and conditions by the user.
6 PRIVACY POLICY AND CONFIDENTIALITY
6.1 The Electoral Commission recognises the obligation to preserve the confidentiality of any
information regarding users of the OCNS, staff, and the practice business and this
obligation shall be in line with the applicable legislation.
6.2 While the Electoral Commission’s website strives to protect its user’s personal information
and privacy, The Electoral Commission cannot guarantee the security of any information
disclosed by the user online and such disclosure is done at the users own risk. By using
this website, the user signifies an assent to the Electoral Commission’s online
Confidentiality.
6.3 The Electoral Commission reserves the right to amend the terms and conditions at anytime.
The user’s continued use of the Electoral Commission’s website following an amendment to
the terms and conditions will be deemed to mean that the user accepts and is bound by the
terms and conditions as amended.
6.4 The Electoral Commission may only disclose information in special cases in terms of
applicable law where there is a reason to believe that disclosing such information is
necessary to identify, contact or bring legal action against a user who has violated the
Electoral Commission’s online privacy policy, the terms and conditions or a user who may
be intentionally or unintentionally interfering with the mandate of the Electoral Commission
and consequently posing danger to other users.
6.6 Electoral Commission may electronically collect, collate, store and use the following
personal information of users:
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• Name and surname;
• contact numbers and physical and postal addresses;
• e-mail address;
• banking details;
• IP address;
• User name and selected password.
7 PAYMENTS
All deposits will be handled in terms of the applicable legislation.
8 PAYMENT METHODS
The Electoral Commission accepts the following types of payments on its website:
8.1 Visa or Master Card payments
Only South African issued (Visa and Master) cards will be accepted for online payments. On
completing the payment transaction the details are sent to the bank, if payment is unsuccessful
or authorization is not issued by the bank the user’s payment transaction will not be completed.
8.2 Bank Deposits and Electronic Funds Transfer (EFT)
Should a user select to pay via a direct bank deposit or EFT the user will be subject to the
following terms and conditions:
8.2.1 The full amount must be paid as per the generated payment reference before
candidate nomination cut-off date and time;
8.2.2 Candidates will be disqualified should a payment fail to be deposited /
transferred into the Electoral Commission’s account before cut-off date and
time.;
8.2.3 For a direct deposit at the bank, the deposit must be in cash and in South
African Rand only, (no other currency will be accepted);
8.2.4 Cheque deposits at the bank are accepted, the payment will need to clear
before candidate nomination cut-off date and time;
8.2.5 The generated payment reference number should be used in the reference
section of the deposit slip or the electronic transfer, the Electoral Commission
will not be held liable for any delays should the user fail to include the reference
number on the deposit slip;
8.2.6 A copy of the user’s deposit slip/transfer must be submitted to Electoral
Commission local office or upload it on the online candidate nomination system
before candidate nomination cut-off date and time;
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8.2.7 The user’s outstanding payment exception will be updated based on the time
and date of the funds reflecting in Electoral Commission‘s account and on
condition that the users deposit slips has been submitted to the Electoral
Commission local office or uploaded to online candidate nomination system;
8.2.8 Depending on the bank, some payments may take up to three business days to
reflect in the Electoral Commission’s account. Ther efore payment will have to
be made on time to avoid disqualification due to late payment.
9 LOGIN DETAILS
9.1
The online candidate nomination user shall ensure that their Login Details are kept
confidential at all times, which means that only the user must be privy to it. Storing the
Password on a computer or network will be regarded as prima facie negligent
behaviour on the part of the user and can lead to the user’s logins being permanently
terminated.
9.2
The user shall be obliged to lock or log-off from their computer when the system is not
in use. Failure to lock or log-off could result in unauthorised transactions for which the
Electoral Commission will not be held liable for, however, the user will be held liable in
his/her personal capacity.
9.3
The Electoral Commission may, in its sole discretion and for whatever reason, require
the user to change their login details from time to time and the user undertakes to
comply with such requirement unconditionally.
9.4
The user acknowledges that the login details may enable the user to access some or all
online services of the Electoral Commission, therefore an unauthorised use of login
details could expose the user to fraudulent transactions on all other systems held with
the Electoral Commission. Should this be the case the user can be held liable in his/her
personal capacity.
10 SOFTWARE AND EQUIPMENT
It is the responsibility of the user to acquire and maintain, at his/her own expense, the computer
hardware, system and information security, software, telecommunications lines and access
accounts to access the Internet and the Electoral Commission website and/or download content
from the Electoral Commission website.
11 SECURITY
11.1 The Electoral Commission shall use all reasonable endeavours to secure the content of
the Electoral Commission website and the information provided by and collected from
users.
11.2 Users may not deliver or attempt to deliver, whether intentionally or negligently, any
damaging code, such as computer viruses, to the Electoral Commission website or the
server and computer network that support the Electoral Commission website.
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11.3 Users may not interfere with data or services in a manner which causes such data or
services to be modified, destroyed or otherwise rendered ineffective.
12 RESTRICTIONS
12.1 The user may not:
12.1.1
Provide any untrue or incorrect information to the website or Electoral
Commission;
12.1.2
Modify, copy, decompile or reverse engineer the website or use the
website to make derivative copies;
12.1.3
Lease, sell, assign or in any other way distribute the information
obtained from the OCNS for personal gain or profit;.
12.1.4
Use malicious search technology, including but not limited to spiders
and crawlers;
12.1.5
Frame any pages of the website;
12.1.6
Deep link to any pages of the website in a way to suggest that the user
is the owner or license of any intellectual property in the website;
12.1.7
Use the interactive sections of the website, for instance forums, clubs,
surveys and e-mailing, to post any material which in the Electoral
Commission’s sole discretion is false, defamatory, inaccurate, abusive,
vulgar, hateful, harassing, obscene, profane, sexually oriented,
threatening, invasive of a person’s privacy, or oth erwise violates any
laws.
12.2 The Electoral Commission does not have editorial control over the submission of any
content to interactive sections of the website. The user submits all information,
including the publication of pictures and or articles, at your sole risk and responsibility.
The Electoral Commission is not responsible or liable for damages or other adverse
consequences caused by the use of the submissions.
12.2. In line with the Film and Publications Board Act 3 of 2009 (FPB) as amended; to
intensify the efforts to protect children from harmful images within the media, including
films, exhibitions, games, the internet and other publications, the website is not targeted
at children under the age of thirteen (13), and Electoral Commission will not knowingly
collect information from users in this age group.
12.3. Electoral Commission is to be exempted for any liability due to a user failing to provide
accurate information on registration, or a user failing to view special warnings.
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13 Infrastructure
13.1 The user can upload PDFs, Word documents, and any other documents in other file
format on the Electoral Commission website. A user will need the following to be able to
use the Electoral Commission website:
13.1.1 To gain Access to the Electoral Commission website
13.1.1.1
Dial-up with a computer modem via telephone
circuits, broadband over coaxial cable, fibre optic or copper
wires, Wi-Fi, satellite and cellular telephone technology
(3G, 4G).
13.1.1.2
The Electoral Commission website may be accessed from
computers in libraries and Internet cafes.
13.1.1.3
Internet access points exist in many public places such as
airport halls and coffee shops where users can access the
Electoral Commission website.
13.1.1.4
Hotspots providing internet access include Wi-Fi cafes, where
users need to bring their own wireless devices such as a
laptop or PDA.
13.1.2 Browser Compatibility
13.1.2.1
The Electoral Commission website is optimally viewed in
Internet Explorer.
13.1.2.2
All Reports renders in PDF and Excel, therefore:
o Chrome users please note that the version of
Chrome has come out with a built-in PDF viewer.
13.1.2.3
The latest version of Adobe Reader should be used. The latest
version can be accessed on:
o Adobe Reader - http://get.adobe.com/reader/
13.1.2.4
Compatibility Guideline -
http://www.adobe.com/devnet/reader/articles/reader_compatib
ility.html
13.1.3 Hardware
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13.1.3.1
Users will need a computer, either a desktop with a screen or a
laptop.
13.1.3.2 OCNS is not compatible for mobile device e.g. Smart Phone.
13.1.3.3
If the user is going to scan and upload a document, the user
will need a scanner connected to the computer that is being
used.
14 HELP/FAQ Page
14.1 Frequently Asked Questions
If you need help on a topic, you may use the FAQ About the Electoral Commission, FAQ :
For Voters, FAQ : About the Voters’ Roll, FAQ : About the Elections, FAQ : About the
Parties & Candidates, function on the www.elections.org.za homepage under the different
menu items.
Here’s a list of frequently asked questions:
• Question: How do I create and activate my account?
Answer: Online Party Administrator (OPA) user: for an OPA user account, you
are required to complete and submit an OPA User Access Form. The form is
available from the commission on request. Requests to be sent to
heuvelb@elections.org.za. Complete the form and return to the commission
with necessary documentation.
After an internal process, you will receive an email from the commission with
directions on completing the creation of your online account.
Notes: In preparation for the 2016 Municipal election processes, the form has
been forwarded to registered parties, however, the form is still available on
request.
• Question: What happens if I do not access and complete my email verification to
complete my account set up?
Answer: The verification email has an expiry of 24 hours. Should you miss the
expiry cut-off, you are required to create an account again. Action by following
the instructions on the email you receive thereafter.
Notes: Online Party Administrator (OPA) user: After receiving the email, be
sure that you access and complete the sign-up process before expiry. Should
you miss the expiry cut-off, contact the commission for a refreshed email to be
sent to you again. Action by following the instructions on the email you receive
thereafter.
Documents you may be interested
Documents you may be interested
