Terms & Conditions

Web Site Terms & Conditions
THESE TERMS AND CONDITION ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS (USERS) THAT ACCESS THESAJOBS4ALL  WEB SITE OR ANY PART THEREOF (THE SAJOBS4ALL WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF SAJOBS4ALL DO NOT AGREE TO THESE TERMS AND CONDITIONS SAJOBS4ALL MUST LEAVE THE SAJOBS4ALL WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BOUND SAJOBS4ALL TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
DEFINITIONS AND INTERPRETATION
a.
References herein to theSAJOBS4ALL  web site or content shall include any part thereof;
b.
References herein to User(s) means any person who access the SAJOBS4ALL web site, notwithstanding the fact that such a person only visited the home page of the SAJOBS4ALL web site;
c.
References herein to the singular includes the plural and vice versa; and
d.
Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the validity and interpretation of these terms and conditions.

1. GENERAL
   1.1
   SAJOBS4ALL, is South Africa’s leading English family magazine providing comprehensive news and articles about topical issues and general interest..
   1.2
    SAJOBS4ALL content partners within Naspers include Huisgenoot and SAJOBS4ALL as well as several other news sources. Agencies not affiliated to Media24 Ltd and SAJOBS4ALL have their own terms and conditions of use and Users are bound to those terms and conditions as far as content on the SAJOBS4ALL  web site originates from such agencies.
2. ALLOWED USE AND LICENSE
   2.1.
    SAJOBS4ALL licenses the User to view, copy, download and print the content of the SAJOBS4ALL web site, provided that:

2.1.1
such content is used for personal, educational and/or non-commercial purposes only; and
2.1.2
any reproduction of content from the SAJOBS4ALL web site includes the following copyright notice: © SAJOBS4ALL 2003. ALL RIGHTS RESERVED.
2.2
Content from theSAJOBS4ALL web site shall not be used or exploited for any commercial and non-private purposes without the prior written consent of .SAJOBS4ALL
2.3
Users may only access and use the SAJOBS4ALL web site for legal purposes.
2.4
Use of content from the SAJOBS4ALL web site in electronic clipping services or personalised news services shall only be allowed if such electronic clipping service or personalised news service:
2.4.1
does not copy or provide the whole article, as it appears on the web site, but only provide a short summary of the contents of the article;
2.4.2
acknowledges SAJOBS4ALL  as the source of the content;
2.4.3
provides a correct and working hyperlink to the source of the content or article on the SAJOBS4ALL web site;
2.4.4
acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on the SAJOBS4ALL web site; and
2.4.5
includes the date upon which the content was sourced from the SAJOBS4ALL  web site in the summary of the content.
2.5
The caching of the  web site shall only be allowed if :
2.5.1
The purpose of the caching is to make the onward transmission of the content from theSAJOBS4ALL web site more efficient;
2.5.2
The cached content is not modified in any manner whatsoever;
2.5.3
The cached content is updated at least every 12 (twelve) hours; and
2.5.4
The cached content is removed or updated when so required by SAJOBS4ALL
2.6
If any person uses content from the SAJOBS4ALL web site in breach of the provisions detailed herein:
2.6.1
SAJOBS4ALL reserves the right to claim damages from such person; and
2.6.2
 SAJOBS4ALLshall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by such person or any third party.
2.7
Hyperlinks to the  web site from any other source shall be directed at the home page of the  web site.SAJOBS4ALL  shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the  web site, if such content was accessed through a hyperlink not directed at the home page of the web site. Persons that wish to link to content beyond the home page of the  web site shall do so at their own risk and undertake to indemnify against any loss, liability or damage that may result from content on the  web site, if such content was accessed through a hyperlink not directed at the home page of the  web site.
SAJOBS4ALL’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.8
Users may quote small and reasonable amounts of content available from the  web site only if such quote is placed in inverted commas, the author is acknowledged and a hyperlink to the quoted content is provided as a footnote to such quote.
2.9
No person may frame the  web site, in any manner, without the prior written consent of SAJOBS4ALL .
2.10
Apart from bona-fide search engine operators and use of the search facility provided on the SALIVECAREERS web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SALIVECAREERS web site for any purposes, without the prior written consent of SAJOBS4ALL
2.11
All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SAJOBS4ALL  at any time without giving reasons therefore.

1. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
   3.1
   All intellectual property on the  web site, including but not limited to content, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed in clause 2, all other rights to intellectual property on the web site are expressly reserved.
   3.2
   “SAJOBS4ALL” is a registered trademark and Users agree not to use the SAJOBS4ALL  trademark or the “24” mark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to Media24 Ltd at the cost of the User.
2. SOFTWARE AND EQUIPMENT
   It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Internet and the SAJOBS4ALL web site.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services and content available from the  web site is classified as “electronic transactions” in terms of the ECT Act and therefor Users have the rights detailed in Chapter 7 of the Act and  has the duty to disclose the following information:
5.1
The full name and legal status of the web site owner: , a division of Media24 Ltd, Reg. No. 1950/038385/06;
5.2
Street address: Naspers Centre, Heerengracht 40, Cape Town, 8000;
5.3
Postal address: PO Box 2271, Cape Town, 8000;
5.4
Physical address for receipt of legal service:SAJOBS4ALL  14th floor, Naspers Centre, 40 Heerengracht, Cape Town, 8000;
5.5
Main business: The main business of SAJOBS4ALL and Media24 Ltd is the provision of news, education and entertainment content;
5.6
The web site addresses of the SAJOBS4ALL  web site are SAJOBS4ALL:and www.SAJOBS4ALL
5.7
Membership of self-regulatory or accreditation bodies: SAJOBS4ALL is a member of the Online Publishers Association (OPA) and subscribes to the standards as set out by Advertising Standards Authority;
5.8
Codes of conduct to which the web site subscribes:SAJOBS4ALL ’s editorial policy is aligned to practises of the constitution of the Republic of South Africa;
5.9
The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the web site may be downloaded from: http://www.naspers.com/pdfs/access_eng.pdf;
5.10
Management: The identities and contact details of the SAJOBS4ALL management team are available from: http://www.SALIVECAREERS.com;
5.11
Management information of Media24 Ltd is available from:
http://www.media24.co.za/;
5.12
Costs: Access to content on the SAJOBS4ALL web site is free to any person who subscribes to these terms and conditions. Access to some pages on the  web site may be restricted to persons who registered through the “Sigh me in” function and/or persons who are subscribers to Beeld, Die Burger or Volksblad. Notwithstanding the aforegoing,SAJOBS4ALL  may, in future, charge fees for access to the web site;
5.13
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.13.1
access to the web site;
5.13.2
the inability to access the SAJOBS4ALL  web site;
5.13.3
the services and content available from the SAJOBS4ALL S web site; or
5.13.4
these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
5.14
Cooling-off period: As far as practically possible, Users have the right to return services provided from the SAJOBS4ALL web site within 7 (seven) days if such goods or services are not listed in section 42 of the ECT Act; and
5.15
User may lodge complaints concerning the  SAJOBS4ALL web site with SAJOBS4ALL  Media24 Ltd, the Advertising Standards Authority or the Consumer Affairs Committee.

1. CHANGES AND AMENDMENTS

SAJOBS4ALL expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1
change these terms and conditions;
6.2
change the content and/or services available from the SAJOBS4ALL web site;
6.3
discontinue any aspect of the SAJOBS4ALL  web site or service(s) available from the SAJOBS4ALL  web site; and/or
6.4
change the software and hardware required to access and use the SAJOBS4ALL web site.

1. PRIVACY

7.1
 SAJOBS4ALL shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
7.2
SALIVECAREERS may electronically collect, store and use the following personal information of Users:
7.2.1
name and surname;
7.2.2
birth date;
7.2.3
gender;
7.2.4
country of residence;
7.2.5
closest city;
7.2.6
non-personal browsing habits and click patterns;
7.2.7
e-mail address; and
7.2.8
IP address.
7.3
SAJOBS4ALL collects, stores and uses the above mentioned information for the following purposes:
7.3.1
to greet the User when he/she accesses theSAJOBS4ALL  web site;
7.3.2
subject to the User’s consent, inform the User of facts relating to his/her access and use of the SAJOBS4ALL  web site;
7.3.3
subject to the User’s consent, inform the User about competitions and special offers from SAJOBS4ALL and/or its partners / affiliates;
7.3.4
to provide the User with targeted advertising when he/she accesses the SAJOBS4ALL web site or the web sites of SAJOBS4ALL  partners / affiliates; and
7.3.5
to compile non-personal statistical information about browsing habits, click-patterns and access to the SAJOBS4ALL  web site.
7.4
Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5
The User may elect not to receive any communications from SAJOBS4ALL  and/or its partners / affiliates.
7.6
 SAJOBS4ALL may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.6.1
SAJOBS4ALL shall not disclose personal information from Users unless the User consents thereto;
7.6.2
SAJOBS4ALL shall disclose information without the User’s consent only through due legal process; and
7.6.3
 SAJOBS4ALLmay compile, use and share any information that does not relate to any specific individual.
7.7
 SAJOBS4ALLowns and retains all rights to non-personal statistical information collected and compiled by SAJOBS4ALL.

1. HYPERLINKS TO THIRD PARTY SITES

SAJOBS4ALL may provide hyperlinks to web sites not controlled by SAJOBS4ALL or Media 24 Ltd (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. SAJOBS4ALL does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

1. SECURITY

9.1
SAJOBS4ALL shall take all reasonable steps to secure the content of the SAJOBS4ALL web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SAJOBS4ALL does not make any warranties or representations that content shall be 100% safe and secure.
9.2
SAJOBS4ALL is under no legal duty to encrypt any content or communications from and to the SAJOBS4ALL web site and is also under no legal duty to provide digital authentication of any page on the SAJOBS4ALL web site.
9.3
Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SAJOBS4ALL web site or the server and computer network that support the SAJOBS4ALL web site. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SAJOBS4ALL web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold SAJOBS4ALL harmless against any and all liability, damages and losses  and its partners /SAJOBS4ALL affiliates may suffer as a result of such damaging code.
9.4
Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SAJOBS4ALL and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf

1. DISCLAIMER AND LIMITATION OF LIABILITY

10.1
Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law,  SAJOBS4ALL (including its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1
access to theSAJOBS4ALL  web site;
10.1.2
access to web sites linked to the SAJOBS4ALL web site;
10.1.3
inability to access the SAJOBS4ALL web site;
10.1.4
inability to access web sites linked to the SAJOBS4ALL web site;
10.1.5
content available on the SAJOBS4ALL  web site;
10.1.6
services available from theSAJOBS4ALL web site;
10.1.7
any other reason not directly related toSAJOBS4ALL ’s gross negligence.
10.2
The SAJOBS4ALL web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with SAJOBS4ALL , that the content and services available from and through the SAJOBS4ALL web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
10.3
Information, ideas and opinions expressed on theSAJOBS4ALL  web site should not be regarded as professional advice or the official opinion of SAJOBS4ALL and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the  SAJOBS4ALL web site.
10.4
This web site is directed primarily at Users in the Republic of South Africa and therefor SAJOBS4ALL shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
10.5
SAJOBS4ALL sources content from various third parties e.g. newspapers, news agencies and freelance journalists and does not editorially control the content provided by such third parties and SAJOBS4ALL only serves as an electronic distribution platform for such third party content. Therefore SAJOBS4ALL shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the SAJOBS4ALL web site not created by SAJOBS4ALL or its employees.
10.6
 SAJOBS4ALL does not make any warranties or representation that content and services available from the SAJOBS4ALL  web site will in all cases be true, correct or free from any errors.SAJOBS4ALL  shall take all reasonable steps to ensure the quality and accuracy of content available from theSAJOBS4ALL  web site.
10.7
SAJOBS4ALL does not make any warranties or representations that the SAJOBS4ALL  web site will be available at all times. Users acknowledge that the SAJOBS4ALL web site may be unavailable due to updates or other causes beyond the reasonable control of SAJOBS4ALL , including, but not limited to virus infection, power failure or other “acts of God”.

1. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SAJOBS4ALL  web site to SAJOBS4ALL  and SAJOBS4ALL undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

1. POSTINGS

These Terms and Conditions of Use constitute the entire agreement between SAJOBS4ALL ™ and , the SAJOBS4ALL user of this website. Any failure by SAJOBS4ALL ™ 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.
12.1
Users may post their personal opinions, messages and ideas to the SAJOBS4ALL web site and discussion forums available on the SAJOBS4ALL web site.
12.2
Users undertake not to post content to the SAJOBS4ALL web site that may be illegal, defamatory, infringing, harassing, obscene, commercial advertising, personal marketing, profane, untrue, incorrect or harmful and SAJOBS4ALL reserves the right to remove such content in terms of clause 11 above.
12.3
SAJOBS4ALL does not editorially control, filter or read User postings and shall not be liable, in any manner whatsoever, for such User postings.
12.4
The User indemnifies and holds SAJOBS4ALL harmless against any liability, claim, damage or loss that may result from the User’s posting(s) to the SAJOBS4ALL web site.

1. INTERCEPTION OF COMMUNICATIONS

13.1
Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to SAJOBS4ALL ’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the SAJOBS4ALL  web site or its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
13.2
Subject to the provisions of the ECT Act, the User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement.

1. ENTIRE AGREEMENT AND SEVERABILITY

14.1
These terms and conditions constitute the entire agreement between SAJOBS4ALL and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received bySAJOBS4ALL  from the User.
14.2
Any failure by SAJOBS4ALL to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

1. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User andSAJOBS4ALL  agree that:
15.1
the User shall be bound to these term and conditions and such agreement is concluded in Cape Town at the time the User enters the SAJOBS4ALL web site for the first time or immediately after the User indicated consent as required during the “Sign me in” process;
15.2
data messages (as defined in the ECT Act) addressed by the User to SAJOBS4ALL shall only be deemed to have been received by SAJOBS4ALL  if SAJOBS4ALL  responds thereto;
15.3
data messages (as defined in the ECT Act) addressed to the User by SAJOBS4ALL shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
15.4
data messages (as defined in the ECT Act) addressed by the User to SAJOBS4ALL shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
15.5
electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SAJOBS4ALL; and
15.6
the User agrees and warrants that data messages that are sent to SAJOBS4ALL  from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

1. APPLICABLE AND GOVERNING LAW

The SAJOBS4ALLSALIVECAREERS web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the  SAJOBS4ALLweb site, its content, services and these terms and conditions.

1. LEGAL COSTS

SAJOBS4ALL shall not be liable for costs incurred by Users to obtain professional advice relating to these terms an