|
GENERAL TERMS AND CONDITIONS OF USE / PRIVACY POLICY
There are a specific terms and conditions available to the various users on SALESGURU.
These can be found on:
- Candidates Terms & Conditions - Click Here
- Companies Hiring Terms & Conditions - Click Here
- Employment Agency Terms & Conditions - Click Here
Welcome to our website (the “Site”). Please read these terms and conditions carefully as your use of the Site and your acknowledgement of these term and conditions in the tick box below shall indicate your acceptance of these terms and conditions. The Sections below relate specifically to Career Seekers. If you are an Employer or Employment Agency, the terms governing your use of the Site are accessible through either the Employer or Employment Agency links located on our home page.
1. ABOUT US
This Site is owned and operated by Sales Guru Publishing (Pty) Ltd (Reg. No. 2006/008480/07) t/a Sales Guru Careers. By accessing, using or making purchases through this Site, you agree to the terms and conditions set out below. You agree that you have read and understood these terms and conditions and that same shall be legally binding upon you.
2. YOUR ACCOUNT
2.1. All SALESGURU Careers services that facilitate applications for employment (the “Services”) are free of charge.
2.2. After you register, you will be sent a unique account number (a “User ID”). Individuals and entities who access the Site or use the Services and have previously been terminated by SALESGURU Careers may not register for an account, nor may you designate any other individual to use your account on your behalf.
2.3. SALESGURU Careers relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site using a User ID that we have issued to you, we will rely on that User ID and will assume that it is really you or your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
2.4. Once you have access to the Site, you should download your CV in accordance with the directions provided for this. You will then be is a position to submit your CV electronically to any advertisements placed on and/or accessible through our Site.
3. RULES REGARDING INFORMATION AND OTHER CONTENT
3.1. When you use the Site and Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you agree not to post or use any Content in any manner that:
3.1.1. infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
3.1.2. violates the privacy, publicity, or other rights of third parties,
3.1.3. is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by SALESGURU Careers in its sole discretion;
3.1.4. may give rise to claim against SALESGURU Careers; or
3.1.5. is false or inaccurate.
3.2. You may download and print Content from our Site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans or other contaminating codes.
3.3. You will not reproduce, distribute, modify or re-post our Content on another site, frame or mirror our site or link to our Site without our prior written consent.
3.4. Though we strive to enforce these rules with all of our users, including career seekers and our other customers, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
3.5. You agree only to use the Site for lawful purposes and in a way which does not restrict or inhibit anyone’s use and enjoyment of the Site.
3.6. If you don’t comply with any of the terms and conditions set out herein, we may deny you access to our Site.
4. OPTIONAL SERVICES
We may make certain products and services available to visitors and registrants of the Site. If you decide to purchase any of these products or services, you agree to pay in full the prices shown at the time of purchase. You agree to make purchases using the payment method transaction selected or available as agreed upon by SALESGURU Careers. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
5. TERM
Subject to early and/or immediate termination of our relationship in accordance with any of the other provisions of this Agreement, either Party may terminate this relationship by giving the other party 60 (sixty) days written notice of such termination. Upon termination of this relationship for any reason whatsoever, your details (including, without limitation, your CV) shall be removed from the Site and your future access to the Site denied.
6. GENERAL TERMS OF SERVICE
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
6.1. Conduct or promote any illegal activities while using the Site or Services;
6.2. Upload, distribute or print anything that may be harmful to minors;
6.3. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
6.4. Attempt to gain access to secured portions of the Site to which you do not possess access rights;
6.5. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
6.6. Use the Site or Services to generate unsolicited email advertisements or spam;
6.7. Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
6.8. Impersonate another user.
7. NON-CONFIDENTIALITY AND SECURITY
You understand that information that you submit to us, like job interests and experience, are submitted precisely for the purpose of public disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. SALESGURU Careers will use reasonable efforts to maintain the security and integrity of information you provide to us. However, you acknowledge and agree that SALESGURU Careers cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. If you provide us with any credit card information for payment services though any of our e-commerce offerings, we store such information in an encrypted manner.
8. PASSWORD SECURITY
We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose the personal information of career seekers. We respect the personal privacy of career seekers, and we abide by the terms of our Privacy Policy. The Privacy Policy forms part of our agreement with you, but understand that the policy is not part of this Agreement. In no event will we have any obligations to you arising under the Privacy Policy or that are inconsistent with our promises to career seekers under our Privacy Policy. For full details, please refer to our Privacy Policy.
9. ACCESS TO WEBSITE
9.1. We try to update our Site regularly, so we may have to suspend access, service or functionality on this Site, from time to time, without notice. If required, we may have to close our Site indefinitely. We will not be liable if, for any reason, our Site is unavailable at any time or for any period of time.
9.2. As information or data transmitted to or from our Site pass over public telecommunications networks, we can’t promise that the operation of our Site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of our Site including tampering with, or hacking into, the site or the servers on which it resides.
9.3. We may at our sole discretion immediately suspend or terminate your right to use our Site without any warning if we consider that you have contravened any of these terms and conditions. This is without prejudice to any other rights or remedies that we may have against you.
10. TERMINATION
This Agreement will automatically terminate, without notice or liability, in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site, and you agree to promptly pay any outstanding fees owed under this Agreement.
11. DISCLAIMERS OF WARRANTY
11.1. SALESGURU CAREERS HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY OR LEGALITY OF THE CONTENT POSTED BY CAREER SEEKERS OR OTHERS. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SALESGURU CAREERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. SALESGURU CAREERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICE, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
11.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.
11.3. SALESGURU CAREERS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SITE OR THE SERVICE IN MEETING YOUR OBJECTIVES. SALESGURU CAREERS DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.
12. LIMITATIONS OF LIABILITY
12.1. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL SALESGURU CAREERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL SALESGURU CAREERS BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CAREER SEEKER
12.2. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SALESGURU CAREERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF SALESGURU CAREERS TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS
13. INDEMNITY
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you or your authorised users, or in connection with the use of the Site, the Services or the Internet or the placement or transmission of any message or information on this Site by you or your authorised users.
14. INTELLECTUAL PROPERTY ISSUES
14.1. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement. "SALESGURU”, the “SALESGURU” logo and “SALESGURU Careers" are our trademarks. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
14.2. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services.
15. ELECTRONIC COMMUNICATIONS
The communications between you and SALESGURU Careers use electronic means, whether you visit the Site or send us emails, or whether SALESGURU Careers posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SALESGURU Careers in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SALESGURU Careers provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.
16. CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement. LAST UPDATED: 1st July 2010
17. FURTHER GENERAL TERMS
You and we are independent contracts, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. This Agreement will be governed by the Labour Law of South Africa. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of this Agreement.
18. OUR PRIVACY PLEDGE
18.1. Here at SALESGURU Careers we know that your confidentiality and privacy is serious business and we recognize your need to control the personally identifiable information that you share with us. That is why protecting your contact information is a vital part of our mission. We are people just like you and you can trust that we will treat your confidentiality and privacy the way we would want other websites to treat our confidentiality and privacy.
18.2. We guarantee that:
18.2.1. We will never sell, trade, or disclose your confidential information unless we have your permission or are required to do so by law.
18.2.2. Street addresses, phone numbers, e-mail addresses or any other contact information you supply will not be collected for the purposes of reselling to a third party.
18.2.3. You alone will control how any personally identifiable information will be disseminated to potential employers.
18.2.4. We will only use your information to better understand your needs and provide you with better service.
18.2.5. You have continuous access to your personal information, and may modify or delete it at any time.
18.3. SALESGURU Careers is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information (but at times subject to Clause 7), we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure your information.
18.4. If we make substantial changes to our Privacy Policy, we will notify you directly through email. If we make minor changes or clarifications to this Policy, we will give you notice on the site.
18.5. If you have questions or concerns about our commitment to your confidentially and privacy, please contact us at: venetia@salesguru.co.za
Back
|