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Any
person ("user") accessing this website is subject to, and agrees to, these
terms and conditions. If the user does not wish to be bound by these terms and
conditions, the user may not access, display, use or download and/or otherwise
copy or distribute content obtained at this website, and must leave this
website immediately.
The
use of the content of this website is at the user’s own risk. The user assumes
full responsibility and risk of loss resulting from the use of the content of
this site. Iemas or it's employees will not be liable for any direct, indirect,
special, incidental, consequential, punitive or any other damages whatsoever,
whether in an action of contract, statute, or otherwise, relating to the use of
this website or it's information by the user or any third party who obtained
any content from the user. Subject to sections 43(5) and 43(6) of the
Electronic Communications and Transactions Act 25 of 2002, Iemas shall not be
liable for any damage, loss or liability of whatsoever nature arising from the
use or inability to use this website or the services or content provided from
and through this website. Certain links in the web server may lead to resources
maintained by third parties over whom Iemas has no control. Iemas makes no
representations or warranties as to the accuracy of, or any other aspect
relating to, those resources. Iemas is not responsible or liable, directly or
indirectly, in any way for the contents, use, or inability to use or access any
linked websites or any links contained in a linked website.
All our e-mail messages and their attachments contain information which may be
confidential, private or privileged in nature and is subject to legal
privilege. Therefore, if you are not the intended recipient, you are prohibited
from pursuing, disseminating, altering, distributing, forwarding, storing or
copying this message (or part thereof) or file (or part thereof) which is
attached to this message and any action in reliance on the contents of this
e-mail or its attachments is prohibited. If you have received this message in
error, please notify the sender by e-mail, telephone or facsimile and
thereafter return, delete and/or destroy the original message from your system.
Remember that the other terms and conditions on this website are also
applicable. Please note that the recipient must scan this e-mail and any
attached files for viruses and the like. Iemas accepts no liability of
whatever nature for any loss, liability, damage or expense (of whatsoever
nature and arising from whatsoever cause and whether such loss, damages,
liability or expense is actual, contingent, consequential, direct or indirect)
resulting directly or indirectly from the message itself or the access to any
files which are attached to this message, and without derogating from the
generality hereof, from malicious software code or viruses in this message or
attachments, including data corruption resulting there from. Opening of the
message itself or any files that are attached to this message, is therefore at
the sole risk of the recipient. None of our employees or representatives is
permitted to send unsolicited messages (“spam”) and our company cannot be held
liable therefore.
Any
recipient of an unacceptable communication, spam, derogatory statements,
defamatory statements, a chain letter or offensive material of any nature is
requested to report it to Iemas at the following e-mail address:
madeleinb@iemas.co.za. Should this message contain an unacceptable
communication, spam, derogatory statements, defamatory statements, a chain
letter or offensive material of any nature, it means that the message has been
sent outside the sender’s scope of employment with Iemas and only the sender
can be held liable in his/her personal capacity.
Iemas
reserves the right to change these terms and conditions of use at any time.
Changes to these terms and conditions of use will take effect upon such changes
being posted to this website. It is the user’s obligation to periodically check
these terms and conditions of use at this website for changes or updates. The
user’s continued use of this website following the posting of changes or
updates will be considered notice of the user’s acceptance to abide by and be
bound by these terms and conditions of use, including such changes or updates.
Iemas
will not make personal information that we collect from you available to any
outsider, unless you consent, we are legally compelled to do so, we have to
protect our rights, or it is in the public interest. Iemas may provide your
information to other service providers that handle information on our behalf.
We gather and analyze information on our visitors' routine use of this website.
We use this information to monitor which areas of the website are most
frequently visited, to assist us to better our services and products. This
information is pooled so individual personal information, behavior or patterns
cannot be identified.Whenever we commission other organizations to provide
support services to us, we will bind them to our privacy policies as far as
they may be required to have access to our customers' personal information to
perform such services.
Subject to the provisions of the Regulation of Interception of Communications
Act 70/2002, Iemas may intercept, block, filter, read, copy, disclose and use
all communications received on this website. Our website may contain links to
or from other sites, and we are not responsible for the content or the security
or privacy practices employed by other sites. It is in your interest to read
the privacy and security statements on these sites.
Iemas
has in place reasonable commercial standards of technology and operational
security to protect all information provided by users from loss, misuse,
alteration or destruction. All reasonable steps will be taken to secure a
user's information. Authorized employees, who are responsible for the
maintenance of any sensitive data submitted, are required to maintain the
confidentiality of such data. It is expressly prohibited for any person or
entity to gain or attempt to gain unauthorized access to any page on this
website, or to deliver or attempt to deliver any unauthorized, damaging or
malicious code to this website. If anyone delivers or attempts to deliver any
unauthorized, damaging or malicious code to this website or attempts to gain
unauthorized access to any page on this website, a criminal charge will be laid
against that party and civil damages will be claimed.
Any
links, hyperlinks or deep links, to this website, framing of any page on this
website, including the home page, in any way whatsoever, without the prior
written approval of Iemas is expressly prohibited.
If
you receive any unwanted SMS or e-mail communications from Iemas, you are
entitled to request Iemas to disclose to you where from we received your
particular details, and to be removed from their mailing lists.
Iemas
may use cookies (small text files stored in a user’s browser) or web beacons
(electronic images that allow this website to count users who have accessed a
particular page and to access certain cookies) to ensure that the website is
well managed and may use cookies to collect aggregate data. Iemas may use such
devices from time to time to track information on its systems and identify
categories of users by items such as IP address, domain, browser type and pages
visited the user’s name or e-mail address.
1.
Formation of contracts.
a.
An agreement concluded by means of data messages as defined in the ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (“ECT”), is concluded at the
time when and place where the acceptance of the offer was received by the
offeror.
b. A data message used in the conclusion or performance
of any agreement between Iemas and the user must be regarded as having been
sent by the user when it enters an information system outside the control of
the user or, if the user and Iemas are in the same information system, when it
is capable of being retrieved by Iemas.
c. A data message must be regarded as having been
received by Iemas if and when the complete data message enters an information
system designated or used for that purpose by Iemas and Iemas responds thereto.
d. A data message must be regarded as having been sent
from the originator’s usual place of business or residence in the RSA and as
having been received at the addressee’s usual place of business or residence in
the RSA. Iemas’ usual place of business will be Pretoria.
2.
As between the originator and the addressee of a data message an expression of
intent or other statement is not without legal force and effect merely on the
grounds that -
a.
it is in the form of a data message; or
b. it is not evidenced by an electronic signature but by
other means from which such person’s intent or other statement can be inferred.
3.
A data message is that of the originator if it was sent by -
a.
the originator personally;
b. a person who had authority to act on behalf of the originator in respect of
that data message; or
c. an information system programmed by or on behalf of the originator to
operate automatically unless it is proved that the information system did not
properly execute such programming.
4.
An acknowledgement of receipt of a data message sent to the user is not
necessary to give legal effect to that message.
Iemas
Co-operative Limited, a co-operation with limited liability, duly registered in
terms of the Statutes of the Republic of South Africa.
Iemas
Park South, Kwikkie Crescent, Centurion, 0046.
This address also serves as domicilium citandi et executandi.
Tel:
012-674 7000
www.iemas.co.za
madeleinb@iemas.co.za
Registrar
of Co-Operatives
Financial Services Board
National Credit Regulator
None
Registration number: 1996/000001/24
CEO: Johan Nel
Finance,
insurance and financial advisory services.
None
These terms and conditions of use constitute the agreement between Iemas and
the user of this website. Any failure by Iemas to exercise or enforce any right
or provision of these terms and conditions of use shall in no way constitute a
waiver of such right or provision. If any term or condition of the use of this
website is not fully enforceable or valid for any reason, such term(s) or
condition(s) shall be severable from the remaining terms and conditions. The
remaining terms and conditions shall not be affected by
such unenforceability or invalidity and shall remain enforceable and
applicable.
The
user consents to the jurisdiction of the Magistrate's Court having jurisdiction
in terms of section 28 of the Magistrate's Court Act as amended in respect of
any dispute flowing from the use of this web site or other electronic
communications and transactions. The law of the South Africa shall govern and
apply to this agreement.
A
- INTRODUCTION TO ENTITY
B
- PARTICULARS OF THE SECTION 51 MANUAL
1 Contact details
2 Section 10 Guide
3 Types of records
3.1 Records available in terms of other legislation
3.2 Records available without requesting access in terms of the Act
3.3 Records available on request
4 Requesting procedure
5 Prescribed fees
6 Availability of manual
Iemas
Co-operative Ltd is a financial service provider specializing in financing and
insurance services to its members and is fully registered in terms of the
Co-operatives Act, Act 14 of 2005. The power for purposes of the Act is
delegated to the Group Manager, Secretarial and Legal Services, who will be
referred to as the Information Officer.
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| The Information Officer |
Iemas Park South |
| Iemas Co-operative Ltd |
1249 Embankment Road |
| Private Bag X924 |
Centurion |
| Pretoria |
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| 0001 |
madeleinb@iemas.co.za
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| Tel 012 674 7000 |
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| Fax 012 674 7043 |
www.iemas.co.za |
Should
you require any clarity about or assistance with the Act, you are referred to
the Guide that must be published by the Human Rights Commission in terms of
section 10 of the Act. This Guide will inter alia include the process that
needs to be followed in order to request access to records as well as details
of prescribed fees payable in respect of requests for records. Any queries in
this regard can be directed to:
The
South African Human Rights Commission
PAIA Unit
Private Bag 2700
Houghton
2041
3.1
Records available in terms of other legislation
All
records kept in terms of legislation applicable to Iemas or any of its
subsidiaries are available in accordance with the said legislation. This
includes:
-
Basic Conditions of Employment Act (75 of 1997)
- Co-operatives Act (14 of 2005)
- Companies Act (61 of 1973)
- Compensation for Occupational Injuries and Diseases Act (130 of 1993)
- Credit Agreements Act (75 of 1980)
- Employment Equity Act (55 of 1998)
- Income Tax Act (58 of 1962)
- Labour Relations Act (66 of 1995)
- Long Term Insurance Act (52 of 1998)
- Occupational Health and Safety Act (85 of 1993)
- Promotion of Equality and Prevention of Unfair Discrimination Act (4 of 2000
- Regional Services Councils Act (109 of 1985)
- Short Term Insurance Act (53 of 1998)
- Skills Development Act (97 of 1998)
- Skills Development Levies Act (9 of 1999)
- VAT Act (89 of 1991)
3.2
Records available without requesting access in terms of the Act
Iemas
has not, in terms of Section 52(2) of the Act, submitted categories of records
which are automatically available without a request for access. Certain
information is, however, freely available on the website at
www.iemas.co.za.
3.3
Records available on request
A
requester may request access to the following information subject to the access
being denied in terms of the Act:
(i)
Human Resources:
"Employee" includes, without limitation, directors, managers, all
permanent, temporary and part time staff as well as all contractors.
- Personal information provided by employees;
- Information provided by a third party relating to employees;
- Conditions of employment and other personnel-related contracts;
- Internal evaluation records and other internal records;
- Correspondence relating to employees;
- Training schedules and material;
- Disciplinary records;
- Payroll records;
- Various leave records.
(ii)
Member-related records and information:
"Member" includes any natural or juristic entity whose application for
membership of the co-operative was approved and who receives services from the
co-operative.
- Any information a member has provided to Iemas;
- Any information the member has provided to a third party acting on behalf of
Iemas;
- Records generated by or within Iemas pertaining to the member, including
transactional records.
(iii)
Records pertaining to Iemas
This includes, but is not limited to:
- Financial records;
- Operating records;
- Databases and information technology;
- Marketing records;
- Internal correspondence;
- Records relating to products and services;
- Statutory records;
- Internal policies and procedures;
- Records held by officials of Iemas.
- Conflict of interest
(iv)
Records related to other parties
Iemas may possess records pertaining to other parties, including (but not
limited to) contractors, suppliers, subsidiary/holding/sister companies, joint
ventures and service providers. Alternatively, such other parties may possess
records which can be said belong to Iemas. The following records fall in this
category:
- Employee, member or Iemas records which are held by another party as opposed
to being held by Iemas;
- Records held by Iemas pertaining to other parties, including (but not limited
to) financial records, correspondence, contractual records, records provided by
the other party and records third parties have provided about
contractors/suppliers.
A
person wishing to access the records of Iemas or any of its subsidiaries must
complete the necessary request form. This request form is available from the
Information Officer or at www.sahrc.org.za or
www.doj.gov.za. The
form requires the requester to provide inter alia the following information:
-
Sufficient information to enable the Information Officer to identify the
requester;
- Sufficient information to enable the Information Officer to identify the
records requested;
- The form of access required;
- The requestor’s postal address and fax number;
- Identification of the right sought to be exercised or protected;
- An explanation why the specific record is required to exercise or protect the
right;
- The manner in which the requester wishes to be informed of the decision on
the request;
- If the request is made on behalf of a person, the submission of proof of the
capacity in which the requester makes the request, to the satisfaction of the
Information Officer.
Requesters
must note that all of the information on the request form should be provided to
the satisfaction of the Information Officer, failing which the process will be
delayed until such time that the information is complete.
The time periods prescribed by the Act will not commence until such time as the
Information Officer is satisfied that all pertinent information has been
furnished to Iemas by the requester.
It
is important to note that access to certain records may or must be denied on
the grounds set out in the Act. Mandatory grounds for refusal include, but are
not limited to:
-
Information for the protection of the privacy of a person;
- Information for the protection of the commercial and/or confidential
information of third parties;
- Information privileged from production in legal proceedings;
- Commercial information of Iemas or any of its subsidiaries;
- Research information;
- Information which can endanger the safety of an individual.
The
fees payable to Iemas by requesters are the maximum fees prescribed by the Act
or any regulations thereto. The Information Officer will inform the requester
in writing of any fee payable, and Iemas will withhold all records until all
fees have been paid. The fee structure is available at the website
www.doj.gov.za
under “regulations” or at www.sahrc.org.za.
The
manual is available for inspection at the offices of the Information Officer or
on Iemas’s website www.iemas.co.za.
It will also be available at the offices of the Human
Rights Commission.
Iemas is an authorised financial services and credit provider. NCRCP 1332/FSP 15815
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