Terms & Conditions
The services and products (collectively, the “Services and Products”) offered by or through this Website are made available subject to the following Terms and Conditions. By using this Website, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that the Proprietor may prescribe from time to time.
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, and the common law on contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this Website, WebPages or any part thereof.??The owner of the Website reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.
Please read these Terms and Conditions carefully, and should you have any legal questions please direct them to:
The Legal Officer
ZIPHI NKOMO (PTY) LTD
Ziphi Nkomo 1 Private Employment Agency is an exciting website which offers various services in South Africa.
The website is hosted at?www.ziphi.co.za?(hereafter referred to as “the Website”) and is owned by Ziphi Nkomo 1 Private Employment Agency CC (Registration no: 2007/025520/23) with its business address at 51 Douglas Road, Glen Austin, Midrand, Gauteng?(hereafter referred to as “the Company”).
The main services provided by the Company on the Website are Employment and related Services, Training Services, Sale of Clothing, Guesthouse and accommodation related services.
The Terms and Conditions set out below constitute an agreement between the Company and you, the User, and apply when you are using, accessing or browsing the Website.
TERMS AND CONDITIONS
1.???INTELLECTUAL PROPERTY RIGHTS
1.1??????All content included on the Website, including the photographs, text, graphics, logos, trade marks, buttons, images, icons, databases and software, are the property of the Company and are protected by South African and international copyright and trade mark laws.? Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the website is the exclusive property of the Company and is protected by South African and international copyright laws.
1.2??????Except where otherwise stated, the User is not authorised to copy, amend, distribute, download, republish any materials on the website, owned by the Company in any manner whatsoever, without the prior written consent of the Company.
1.3??????The User shall, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this website, and not, other than for his personal and non-commercial use, mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this website, without prior written permission of the Company.
1.4??????The trade marks reflected on the Website are the exclusive property of the Company. Unauthorised use of these trade marks is prohibited. Details of the trade marks as reflected on the South African Trade Marks Register are reflected below, for ease of reference:
1.4.1???Numbers 2009/17248-9 and 2009/17250-2 ZIPHI NKOMO in classes 25, 35, 39, 41 and 43;
1.4.2????Numbers 2009/17257-60 BUSHMAN & CATTLE Device in classes 25, 35, 41 and 43;
1.4.3????Numbers 2009/17253-6 ZIPHI NKOMO 1 and BUSHMAN & CATTLE Device in classes 25, 35, 41 and 43.
2.???USE OF THE WEBSITE
2.1??????The User hereby agrees not to use the Website and Services for any purpose that is unlawful, improper or prohibited by these Terms and Conditions.
2.2??????The User agrees that it shall not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of the Company.
2.3??????The User agrees that it will only use this Website, the information contained thereon and the online services in respect of the specific purposes for which it is created for.
2.4??????In using the website, information or online services, the User will not:
2.4.1.???disrupt or interfere with any other user’s enjoyment of such services or materials or any affiliated or linked sites,
2.4.2.???upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files,
2.4.3.???create a false identity,
2.4.4.???use or attempt to use another’s account, password, service or system without authorisation from the Company,
2.4.5.???access or attempt to access any service or content which the User is not authorised to access,
2.4.6.???disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites,
2.4.7.???conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise),
2.4.8.???invade the privacy of a third party;
2.4.9.???encourage other?s to perform illegal activities;
2.4.10.?threaten, harm, defame, abuse, harass, stalk or otherwise violate the legal rights? (such as rights of privacy and publicity) of others,
2.4.11.?publish, post, upload, distribute or disseminate any defamatory, racial, pornographic, slanderous, offensive, obscene, or unlawful topics, names, materials or information;
2.4.12.?upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same;
2.4.13.??It is expressly prohibited for any person, business, entity or website to represent any page on this website, including the home page, in any way whatsoever, such as framing, on their website so that it appears to be their own information.
2.4.14.?violate any laws or regulations of the Republic of South Africa or any other country applicable.
3.????????THIRD PARTY OR EXTERNAL WEBSITES
3.1?? The Website may produce search results or alternatively link you to other websites on the internet.?The website contains links to other sites which are completely unrelated to the Company. These terms and conditions do not apply to these sites nor are we responsible for the content and practices of these websites.?The aforesaid Website?s may further contain information that may be viewed as offence or inappropriate to certain demographics.
3.2?? The Company hereby confirms that any search results produced or links to third party or external websites are not under the control of the Company, and you hereby acknowledge that the Company is not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of the aforesaid third party of external websites.
3.3?? Any links to third party or external websites may not be construed as the Companies endorsement of any or all of the aforesaid websites content or as associations with its operators.
4.1.?????When the user visits the Company website and the user completes a web form to request information or when the user sends an e-mail to ZIPHI, and do not explicitly request a non-electronic communication medium, the user consents to receiving communications from the Company electronically and agree that all agreements, notices, disclosures and other communications sent by the Company satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.
4.2.?????The user acknowledges and accepts that the action to click on specified buttons on certain web forms on the Company?s sites may constitute an expression of intent or other statement.
5.1?? The Company respects and is dedicated to maintaining the privacy of its Users and visitors. Without limiting the foregoing:
5.1.1????On this Website, the Company does not collect personally identifiable information from individuals unless provided voluntarily and knowingly.
5.1.3????Any information collected is used solely by the Company and its partners who are involved in the operation of this Website for internal purposes, and to communicate with the individuals to whom the information relates.
5.1.4????The Company?s client user lists are never sold to third parties, and we shall not share personally identifiable information with third parties, unless the person who submitted the information has authorised the Company to do so, or if required to do so by law.
5.1.5????The Companies privacy approach does not apply to these sites nor are we responsible for the content and practices of these websites.
6.????????LIMITATION OF LIABILITY AND DISCLAIMER
6.1??????Although the Company has taken reasonable measures to ensure the integrity of the Website and its content, the use of this Website and online services is at the User?s own risk.
6.2??????The Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, suppliers, or online service providers, will not be liable for any damages of any kind whatsoever, to the User or any third party, arising out of the use of the website or its online services, including but not limited to special, punitive, incidental, indirect or consequential damages of any kind.
6.3??????In this regard, the Company will not be held liable for any damages (whether or not the Company has been advised of the possibility of such damages) resulting from loss of use, data or profits, or any failure to store data, files or other content; viruses, Trojans, bombs, time-locks, worms and spam; arising out of the use of any services available through the online services or website, or any services that are delayed or interrupted, or the inability to use the online services, products, materials or information; the statements or actions of any third party on or through the online services, products, materials or information or any dealings with vendors or other third parties; any unauthorised access to or alteration of the User?s transmissions or data, any information that is sent or received or not sent or received, or any website referenced or linked to from the online services feature.
6.4??????The User hereby agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, partners, employees, suppliers and online service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User?s use of the website and online services; the User?s violation of these Terms and Conditions or the User?s violation of any law, rule or regulation or the rights of any other person or entity.
6.5??????The Company makes no representation or warranties of any kind, express or implied, as to the operation of the Website, or the accuracy, correctness, or completeness of the information, contents, materials, or products or services offered via the Website.
6.6??????Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Company unless the contrary is expressly indicated.
6.7????????The Website and online services and other services, products and materials could include technical or other mistakes, inaccuracies or typographical errors. The Company may make changes to the Website, online services, other services, information, products and materials, including the prices and descriptions of any products, at any time without notice.? The information, services, products and materials may be out of date, and the Company gives no undertaking of any manner whatsoever to update such information, services or materials.
6.8??????The Website may be unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion or delay in operation of the Website or the publishing information or delivery of any service via the Website.
7.????????SALE OF PRODUCTS AND RETURN POLICY
7.1??????The Company offers its own Services and Products for sale via the Website.
7.2??????The User agrees that he/she will comply with the purchase and sale procedure as specified on the Website from time to time.
7.3??????The User acknowledges and agrees that, when he/she proceeds to purchase products, it shall be responsible for all costs pertaining to all products and services listed and available on the Website.
7.4??????The User shall furthermore adhere to the specific payment methods as provided for by the Company from time to time in respect of the purchase of products or payment of products or services on the website.
7.5??????All items purchased from the company, are made pursuant to agreements with shipping, delivery or transmission agents and risk of loss pass from the company to such agents upon delivery of any item to such carrier.
7.6???????Neither the company nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
7.7??????No information or data on this web site is an offer to do business, but is merely an invitation to do business.
7.8??????No ageements shall be concluded merely by sending a data message to the company. Valid agreements require an acceptance of an offer from the company.
7.9??????No e-mail message shall be deemed to have been received by the institution until the complete data message enters the company mail server and is capable of being retrieved and processed by the addressee.
This Website is protected by a general firewall in order to limit viruses, undesirable users and programmes.? Access to personal User profiles will be monitored according to strict password and log in policies, however, the Company will not be held liable in any manner whatsover in circumstances where the User has shared or disclosed its password or log in details or dealt with such information in a negligent or willfull manner which exposed the User?s confidential personal profile.
The Company reserves the right to change these Terms and Conditions without notice to the User.? The User is responsible for reviewing these Terms and Conditions each time it uses the Website and online services.? The User?s continued use of the website and online services constitutes the User?s agreement to the then current Terms and Conditions.
10.1????This agreement, including any disclaimers, acceptances or confirmations accepted by the User, which may appear on the website, constitutes the entire agreement between the parties.
10.2????In the event of the invalidity of any part or portion of this agreement for any reason whatsoever, such invalidity shall not affect the validity or enforceability of any other part or provision of this agreement and such invalid part or portion shall be deemed to have been struck out of the agreement.
10.3????No waiver by the Company in respect of the User?s actions or omissions with regard to any breach, failure or default in performance by the User, and no failure, refusal or neglect by the Company to exercise any right hereunder or to insist upon strict compliance with or performance of the User?s obligations under this agreement, shall constitute a waiver of the provisions of this agreement and the Company may at any time require strict compliance with the provisions hereof.
The Company at no time makes any representation, whether directly or indirectly, expressly or tacitly that any materials available on this Website are appropriate for use outside of the Republic of South Africa. Any access to materials on this Website, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this site from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.
In the event of a dispute between the User and any third party service provider, the Company shall not be involved in such dispute, unless the Company may deem it necessary to protect its rights and interests.? In the event of dispute between the User and the Company, the User should address the Company in writing and forward it to the following e-mail address: firstname.lastname@example.org .The administrator shall contact the party involved within 48 (fourty eight) hours from receipt of the alleged dispute in an attempt to resolve the matter.
13.??????GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.? The User hereby consents to the jurisdiction of the courts in Pretoria and Johannesburg in respect of any dispute arising in connection with this website and which cannot be settled on the basis described above.