Disclaimer

TERMS AND CONDITIONS

THIS AGREEMENT is between Kumba Iron Ore Limited (referred to as "us", "our" or "we" in these terms, which expressions shall include, where the context so admits, any other relevant subsidiaries of Kumba Iron Ore Limited or joint venture companies in which Kumba Iron Ore Limited directly or indirectly holds shares) and the visitors to our website (referred to as "you" or "your" in these terms of use).

This website is established for the purpose of browsing, visiting, collecting, reading and/or subscribing to receive, retrieve and/or download corporate and/or other investment information, as well as past and current news, views and investor relations information, as it may relate to us.

1. Who We Are

This website is controlled by  Kumba Iron Ore Limited, a public company incorporated according to the laws of the Republic of South Africa under registration number 2005/015852/06.

Registered Office address:
Centurion Gate Building 2B, 124 Akkerboom Road, Cnr John Voster Road, Centurion , 0157, South Africa

Telephone number: + 27 12 683 7000
Facsimile number: +27 86 645 8228
V.A.T. Registration number: 4060193812

Terms of Use

1. These terms of use regulate the use of this website and are valid, binding and enforceable against all persons that use the website. You may use this website provided you agree to the terms of use detailed below. If you use the website, you will be deemed to have accepted these terms of use. If you do not agree to these terms of use, you must not use this website.
2. We reserve the right to change these terms of use at any time by posting any changes on the website. The new terms will supersede and replace any previous terms of use and will be effective immediately when they are posted, and by continuing to use this website you will have deemed to have accepted the new terms.

2. Intellectual Property

Our website and all of the related pages including but not limited to content, software, code, graphics or other material contained in or electronically distributed on this website is owned by us or licensed to us and is protected by copyright, rights in and to trade marks and service marks, patents or other proprietary rights or laws. Unauthorised use of any copyrighted materials, trade marks or any other intellectual property without the express written consent of the owner is strictly prohibited.

[alternatively]

1. For the purposes of this clause, the term “Intellectual Property Rights” means all intellectual property rights of whatever nature, including without limitation
   
   (i) all patents and other patent rights, including divisional and continuation patents, utility models;
   (ii) rights in and to inventions, whether patentable or not;
   (iii) rights in trade marks, service marks, logos, slogans, corporate, business and trade names, trade dress, brand names and other indicia of origin;
   (iv) rights in designs, topography rights, rights in circuit layouts and mask-works;
   (v) copyright, including all copyright in and to computer programs;
   (vi) rights in internet domain names, reservations for internet domain names, uniform resource locators and corresponding internet sites;
   (vii) rights in databases and data collections;
   (viii) know-how, show-how, trade secrets and confidential information, in each case whether or not registered and including applications for the registration of any of these and the right to apply for the registration of any of these, all claims for past infringements, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
   
   
2. All Intellectual Property Rights and proprietary rights in and to the website and all material incorporated in the website (such as, without limitation, any logo, graphic, sound or image) are held by, or are licensed to, us, and as such are protected from infringement by local and international legislation and treaties. Unauthorised use of any protected works, materials, trade marks or any other intellectual property without the express written consent of the owner is strictly prohibited.
   
   
3. The marks KUMBA, appearing on the website are trade marks belonging to us.
   

3. Copyright and Use of Material

1. We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website..
   
   
2. All rights not expressly granted are reserved and except as provided in clause 4.1 above, you may not do any of the following without obtaining prior written permission from us:
   
   1. Reproduce, redistribute, modify, adapt or vary any of the content of our website.
   2. Decompile, disassemble or reverse engineer the website or any material incorporated in the website
   3. Remove any identification, copyright, trade mark or other notices from any copies of the content.
   4. Create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.
   

4. Links to Third Party Sites

1. This website contains hyperlinks to websites owned and controlled by third parties which are not under our control and we are not responsible for the contents of any linked third party site. The links are provided for your convenience and any such link
   
   (i) does not imply endorsement by us of, and we give no warranties in respect of, the site, the owners, licensees or administrators of such site, its content, its privacy or security policies or practices or operations;
   (ii) nor does it imply that there is any association between us and the operators of the site.
   
   
2. You may not, without obtaining prior written permission from us, establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise, to the website.

5. Warranties

1. We do not give any warranty, condition, guarantee or representation, express or implied, relating to information and material contained on this website or on any website to which it is linked, or that the website or on any website to which it is linked will be available continuously.
   
   
2. We make no representations or warranties concerning the accuracy, completeness, reliability, performance, quality or suitability for any purpose of the information and material contained on this website or on any website to which it is linked, or that such information is up to date.
   
   
3. We do not warrant that our website or any website to which it is linked or any relevant server or any files or downloads available via this website is free of errors or omissions, computer viruses, Trojans, time bombs, time-locks or other harmful programs or applications.
   

6. Use of Information

1. You agree that we may collect, store and use information about you in accordance with our privacy policy.
   
   
2. When you request any of our services and/or subscribe to our news feed you agree that we may collect, store and use and process any personal information that may be provided by you in accordance with our privacy policy.
   
   
3. By browsing, accessing and/or visiting the website you agree that we may collect, store and use non personal information about you in accordance with our privacy policy.

7. Disclaimer

1. To the extent permitted by law, all implied terms are excluded.
   
   
2. We shall not be liable to you  regardless of the form of action, whether in contract, delict (including negligence and breach of statutory duty), strict liability, or otherwise, for any loss of profit, business, contracts or revenues, or for any direct, special, indirect, incidental, consequential, punitive ,or other, losses or damages of any nature whatsoever arising directly or indirectly out of your access to or use of our website, including your subscribing to receive, retrieve and/or download corporate and other investment information, which is undertaken at your own risk. Any decisions you make based on information contained in this website are your sole responsibility.
   
   
3. Without derogating from the generality of clause 8.2 above, you agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any kind incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the website.  Any dealings you have with any linked websites, including advertisers, found on the website are solely between you and the third party site.
   
   
4. You acknowledge that because information is transmitted via the internet, such information, irrespective of whether it constitutes personal information, may be susceptible to monitoring and interception.  Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result any such monitoring and interception.
   
   
5. If you enter our website you agree that this clause 8 relating to limitation of liability is reasonable and that it reflects the nature of our website.

8. Indemnity

You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us by a third party arising out of or pursuant to the exercise by you of your rights or the fulfilment or breach by you of any of your obligations under these terms of use, including, without limitation, all loss, damages, claims and/or costs suffered or incurred by us or instituted against us as a direct or indirect result of your use of the website, and such indemnity shall extend to the reasonable costs that may be incurred by us in defending any action instituted against us.

9. Security Measures

1. We hereby reserve the right to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications.
   
   
2. You may not use the website in any manner which may compromise the security of the website in any manner whatsoever, which shall include without limitation, delivering or attempting to deliver any unauthorised, deleterious, damaging or malicious code or programs to the website, which is expressly prohibited.
   
   
3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transaction 25 of 2005 Act (specifically sections 85 to 89 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us.

10. Severability

If any term of this agreement is held by any competent authority to be invalid or unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of this agreement.

11. Whole Agreement

These terms of use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

12. Waiver

If we do not exercise any right under the terms of this agreement then that shall not constitute a waiver of that right.

13. Compliance with Laws, Applicable law andJurisdiction

1. You shall comply with all applicable laws, statutes, ordinances and regulations relating to your access and use of this website.
   
   
2. This website is controlled, operated and administered by us from our offices within the Republic of South Africa.  We make no representations that the content of the website is appropriate or available for use in the locations or countries. Access to the website from territories or countries where the content of the website is illegal is prohibited. You may not use this website in violation of South African export laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws.
   
   
3. Your use of this website, and any downloads from it, and the operation of this agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and you consent to bound by the non-exclusive jurisdiction of the High Court of South Africa.

14. Disclaimer

1. It is expressly recorded and agreed that any information gathered, read, received collected, and/or downloaded on this Website, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or service.
   
   
2. It is expressly recorded and agreed that any information gathered, read, received collected, and/or downloaded on this Website, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or service.
   The information available on this website is not an invitation to engage in investment activity.
   

15. Third Parties

To the extent that this website is published or hosted by a third party on our behalf, such third party will not be responsible for the accuracy of its contents.

16. Notices

1. Any notices to us shall be given at the address specified in clause 1 above.
   
   
2. Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid.
   
   
3. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these terms of use may be given via electronic means and that such communications shall be “in writing”.

17. No cession and assignment

1. You shall not be entitled to cede, assign, and/or delegate your rights and/or obligations in terms of these terms of use to any third party without our prior written consent.

PRIVACY

[While Kumba Iron Ore has endeavoured to ensure that all information provided on Kumba Iron Ore website is accurate and up to date, Kumba Iron Ore takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law, Kumba Iron Ore will not be liable for any cost, loss or damage suffered by you through your use of Kumba’s websites or Kumba’s failure to provide access to these websites or information updates.

To the extent that this website is published or hosted by a third party on Kumba’s behalf, such third party will not be responsible for the accuracy of its contents.]

Without derogating from the generality of clause 8 of the terms of use, your access and/or use of the website and/or your request for the subscription services, is undertaken entirely at your own risk and you assume full responsibility and risk of loss resulting there from.  We do not accept liability that may arise in connection with the use and/or access to the website in any way, including but not limited to, any risk of disclosure, in whatsoever form, of any personal information.

Online Privacy Policy

This privacy statement is provided by Kumba Iron Ore Limited (referred to as "us", "our", or "we" in these terms which expressions shall include, where the context so admits, any other relevant subsidiaries of Kumba Iron Ore Limited or joint venture companies in which Kumba Iron Ore Limited directly or indirectly holds shares) for the information of visitors (referred to as "you" or "your" in these terms) to our website.
Kumba Iron Ore Limited is committed to ensuring that your privacy is protected. This privacy statement explains how we use the information we collect about you and how you can instruct us if you prefer to limit the use of that information. In these terms, "third parties" means persons, firms or companies which are not subsidiary or associated or joint venture companies of Kumba Iron Ore Limited.

1. Who we are

This website is controlled by Kumba Iron Ore Limited a public company incorporated according to the laws of the Republic of South Africa under registration number 2005/015852/06 [and the terms of use for the website are set out in our ?]

Registered Office address:
Centurion Gate Building 2B, 124 Akkerboom Road, Cnr John Voster Road, Centurion , 0157, South Africa

Telephone number: +27 12 683 7000
Facsimile number: +27 86 645 8228

V.A.T. Registration number: 4060193812

2. Introduction

This website is established for the purpose of browsing, visiting, collecting, reading and/or subscribing to receive, retrieve and/or download corporate and/or other investment information, as well as past and current news, views and investor relations information, as it may relate to us. While accessing and/or using the website for purposes of requesting our services and/or when subscribing to our news feed, you understand that information of a personal nature provided by you, relating to you may be collected, stored, retained and/or processed, in accordance with clause 3 below .You further understand that, when accessing, visiting, browsing and/or using the website, information of a non personal nature not provided by you relating to you may be collected, stored, retained and/or processed in accordance with clause 4 below.

3. Information gathered by us

When you request any of our services and/or when you subscribe to our news feed we need to know you email address, or if you wish to receive information by post, your name and postal address. We gather this information to allow us to (i) process and manage your request and the relevant information is then used by us to communicate with you in the form that you require; and (ii) manage our relationship with you, provide you with marketing material where you have opted to receive this or for any regular mailing lists for which details have been submitted.

4. Information that is automatically logged

When you enter our website, we automatically log your internet protocol ("IP") address to gather broad demographic information and other purposes, such as monitoring visitor frequency. The IP address does not identify you as an individual, but only the computer that is being used to view the website.

5. Cookies

You may be aware that there is a technology called "cookies". This is a file [containing information such as, without limitation, non-personal browsing habits, site usage, coverage, click patterns, click stream analysis, your email address, domain name and IP address,] that is transferred from the website to the hard drive of your computer. We use cookies to track your activities on our website [and for maintaining the functionality of, and managing, the website and any services provided to you at your request]. A cookie will not allow a website operator to obtain information of a personal nature that will identify you to us, such as your name [and address]. We will only be aware of such information if you provide the information to us or you have set the preferences in your browser to provide this information automatically.

6. Consent

1. By visiting our website, you consent to the collection, storage, retention, use and/or where applicable the processing of your information referred to in clause 3 to 5 (inclusive) for the purposesset out in this privacy policy. We may change our privacy policy at any time. Any changes will supersede and replace any previous terms and conditions of this privacy policy. If we change our privacy policy we will post the changes on this website, so that you may be aware of the information we collect and how we use it at all times. Each time you access and/or use the website and/or follow the subscription process, you are deemed to have consented to the terms and conditions of this privacy policy, as changed and/or replaced by us from time to time
   
   
2. You acknowledge that the group of companies, of which Kumba Iron Ore forms part, operates both locally and internationally.  You consent to the transferand sharing of your information referred to in clause 3 to 5 (inclusive) between and amongst the members of such group of companies.

7. Distribution of data [and safety of data]

1. Your information referred to in clauses 3 to 5 (inclusive)  may be shared with other companies in the group of companies, of which Kumba Iron Ore forms a part (as provided for in clause 6.2), third party administrative providers, regulatory authorities (including foreign regulatory authorities) and law enforcement agencies.
   
   
2. If our business or any part of our business is sold or integrated with another business, your information referred to in clauses 3 to 5 (inclusive) may be disclosed to our advisers and any prospective purchasers and their advisers and may be passed on to the new owners of the business or relevant part of the business who may use such information referred to in clauses 3 to 5 (inclusive) for the purposes given in this privacy statement.
   
   
3. [Although we make no representations and/or warranties regarding the safety of your information referred to in clauses 3 to 5 (inclusive), we have taken reasonable steps to safeguard the privacy of such information.]

8. Telling you what information we hold about you

If you wish to know what information we hold on you please contact us by email at ghrethna.kruger@kioltd.com

9. Removing and correcting information and unsubscribing

1. If you request us to remove your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your request. Such request should be made by email at Ghrethna.kruger@kioltd.com or letter addressed to the Information Protection Officer at the address set out in clause 1.
   
   
2. You may request that we cease sending you information by contacting us at +27 12 683 7279 or by following the process to unsubscribe on the website.

10. Contact Us

If you have any questions about this privacy statement, how we run the website or your dealings with our website, please send an email to us at ghrethna.kruger@kioltd.com

11. Applicable law and jurisdiction

The terms of this privacy statement shall be governed by and construed in accordance with the laws of the Republic of South Africa and be subject to the exclusive jurisdiction of the Courts of the Republic of South Africa.

12. [Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.]