These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the HR Platform (“Provider”) website located at the domain name (http://www.hrplatform.com and http://www.hrplatform.co.za) (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
Acceptance
Your acceptance of these terms is signified by clicking the "Continue" button and then completing the on-line enrollment process. By doing so, you agree to be bound by all of the terms and conditions contained in these terms of service. You have the right to have a record of this Terms of Service and any other Agreement you enter into with HR Platform made available
Member Accounts and Conduct
As a "user," you represent that you are authorized to create and access an account established on behalf of the business entity indicated in the registration process.
Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password. You agree to immediately notify HR Platform of any unauthorized use of your password or account.
You are solely responsible for inputting, maintaining and managing accurate information in your HR Platform account. You are also solely responsible for all activities that occur under your HR Platform account including acts related to any pension, healthcare, profit sharing, or any violation of any provision any relevant Act.
You agree not to use our service in any manner that is illegal, competitive with HR Platform, or infringing on the rights of others. You may not resell or make any commercial use of our system without our prior written consent.
You acknowledge and agree that Leigh Daubermann and Associates CC (2005/114662/23) Trading as The HR Shop owns the rights to its websites and all content displayed on the site, unless otherwise indicated.
You agree to use HR Platform only for lawful purposes. Transmission of any material in violation of any international, state or local regulation is prohibited and will result in termination of services provided by HR Platform.
You acknowledge that HR Platform does not own or control any of the telecommunication lines or computer resources used by any user to access HR Platform.
Users agree to comply with all current HR Platform billing procedures, including providing and maintaining accurate and lawful billing information for active HR Platform accounts. Furthermore, you agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used through the Service.
By way of example, and not as a limitation, you agree not to:
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Updating of these Terms and Conditions:
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the 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, including such changes or updates.
Changes in Fees
HR Platform reserves the right to change the fees at anytime with notice to you. Notice may be accomplished via electronic notification directed to the User of record at that time or via posting on our website. Changes in Fees will however not influence a current subscription for that specific subscription period.
HR Platform maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at HR Platform' sole discretion, to certain defined and limited users or non-users.
Copyright and Intellectual Property Rights:
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
EXCLUSION OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, HR PLATFORM SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HR PLATFORM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF BUSINESS, LOSS PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN PROVIDER AND USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PROVIDER THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. HR PLATFORM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HR PLATFORM DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL HR PLATFORM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM A THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY HR PLATFORM AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Limited License to General Users:
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.
Limited License to Registered Users:
Provider allows and processes the registration of certain corporate users (“the Registered User”) at the Website.
Subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider in their respective agreements.
This Website and the Content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes set out in that agreement.
The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The Registered User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.
Limitation of liability:
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Indemnification
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall HR Platform be liable for any direct, indirect, incidental, special or consequential damages of any kind that may result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that HR Platform is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of HR Platform's terms and conditions, your sole and exclusive remedy is to discontinue using HR Platform.
THE MATERIALS AND CONTENT PROVIDED BY HR PLATFORM AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL ADVICE. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Web site subscribers and Internet readers should not act upon information provided in the Site without seeking professional counsel. The legal compliance information contained in the Site is provided only as general information, which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state or province.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN CERTAIN JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES SECTIONS MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, HR PLATFORM' MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PRICE YOU PAY FOR ANY GOODS OR SERVICES.
You agree to indemnify and hold HR Platform, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Privacy, access to and use of information:
Provider receives various types of information (“the Information”) from Users who access the Website. Provider makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to the Owners through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions:
Privacy: casual surfing:
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Privacy: unsolicited information:
If the User posts unsolicited content or other information (“the Information”) to the Website, and unless otherwise indicated, then the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants that the User owns or otherwise controls all of the rights to the Information that the User posts; that the Information is accurate; that by the supply of the Information to Provider, the User does not violate this Policy and does not infringe the rights of any person or entity; and that the User indemnifies the Owners for all claims resulting from the receipt by Provider of the Information the User supplies to it. Provider reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
Privacy: solicited information the User give to Provider:
Provider requires certain personal information to process transactions if the User requires any of Provider’s products or services. Provider receives and stores all Information the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from this Provider. Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User grants to the Owners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. The User information that is required by affiliates and subsidiaries to give effect to transactions that the User choose to enter into, is shared with those entities.
Privacy: promotional information:
Provider aspires to provide first-class service to its customers, which necessitates Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider Help Desk, or submit a support ticket from the website.
Privacy: business transfers:
Provider may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
Privacy: lawful purposes:
When the Provider is served with due legal process requiring the delivery of personal customer Information, it has the legal duty to abide by that demand, and will do so.
Privacy: surveys:
Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Provider will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys.
Choice of Law:
This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa. The Providers make no representation that the Content is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town Magisterial Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Non-Endorsement of Partner, Affiliate or Other Listed Entity or Service
HR Platform has endeavored to offer to its users products and services offered by non-HR Platform entities. These entities may maintain affiliate, partner, advertising or other relationships to HR Platform. Placement of information, logos, links or names of affiliates, partners or others on HR Platform or the HR Platform web site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold HR Platform harmless from any liability arising from such actions.
Termination of Service
HR Platform reserves the right to terminate your service at any time without cause or notice.
HR Platform may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by HR Platform. The amount of time that HR Platform currently views as an "extended" period of time is a first log-on 30 days or later after registration and after an initial log-on, 180 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. HR Platform shall have no obligation to maintain any content in your account.
Regardless of which party initiates the termination, it is your responsibility to inform your employees and service providers of changes to your record-keeping and human resources administrative process. It is the user's sole responsibility to ensure necessary data and documentation is preserved and forwarded to appropriate parties in the event of service interruption or termination.
Termination does not affect your liability or obligations under this Agreement.
Proprietary Rights of Content
You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by HR Platform, or HR Platform's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact.
As a Subscriber to HR Platform, you may modify content for internal company use only but it is imperative that all changes be scrutinised by your attorney or labour consultant.
You acknowledge that you may however not copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Copyright Agent Information
HR Platform reserves the right to remove any Content on the Site, which allegedly infringes another person's copyright. Notices to HR Platform regarding any alleged copyright infringement on the Site should be directed to the HR Platform Copyright Agent by submitting a support ticket from our website.
Trademark Information
HR Platform and/or other HR Platform products and services referenced herein are either trademarks or registered trademarks of HR Platform. Other product and company names mentioned within the Site may be trademarks of their respective owners. Without HR Platform's written prior permission, you agree not to display, copy, redistribute or use in any manner, the "HR Platform" trademark. You may request permission for trademark use to HR Platform by submitting a support ticket from our website
Disputes, Assignment, and Governing Law
This Agreement is the complete and exclusive statement of the Agreement between user and Provider. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any HR Platform's employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
User and HR Platform agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You may not assign this Agreement to any other party.
HR Platform shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of HR Platform in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.
This Agreement shall be governed by, and construed in accordance with applicable international law and with the laws of the Republic of South Africa, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the Republic of South Africa, and agrees that venue for any action resulting from this Agreement or the use of our services shall be magisterial district of Cape Town and waives any and all jurisdictional, venue or inconvenient forum objections.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
