11.1 When accessing the website www.compass-group.co.za (the “Website“), you enter into a legally binding contract with Compass Group Southern Africa (“Compass“) upon the terms contained in these terms and conditions (“Terms“). Compass Group Southern Africa is hereinafter referred to as “we” or “us” or “our“.
11.2 These Terms apply to all visitors to the Website, including, but not limited to members of the public or legal and other entities accessing, viewing and/or downloading the information made available by us on the Website for whatsoever purpose (“Content“) (hereinafter referred to as “users” or “you” or “your“). The display of Content and your ability to view, access, and/or download the Content on the Website shall be referred to as “the Services“.
11.3 These Terms constitute the complete and exclusive understanding and agreement between you and us insofar as the Services are, and your use of the Website is, concerned and govern your use of the Services and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between us, whether written or oral.
11.4 These Terms and the relationship between us shall be governed by the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the courts located in Johannesburg. Our failure to exercise or enforce any right or provision in the Terms shall not constitute a waiver of such right or provision. If any provision in the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
12.1 As stated in BOLD at the top of these Terms and in paragraph 1 above, by accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become dissatisfied with us, the Website or the Services, please refrain from accessing or using or visiting the Website and/or the Services for any reason whatsoever and contact us using the contact details provided in paragraph 14 below.
12.2 These Terms may be updated by us at any time in our sole discretion. We may send you notice of changes to the Website or the Terms.
13. CONSUMER PROTECTION ACT NO 68 OF 2008
13.1 If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
13.2 No provision of these Terms (or any contract governed by these Terms):
13.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
13.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
13.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
14. ACCESSING (BROWSING) THE WEBSITE
14.1 The Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to us or our Services. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
14.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights.
14.3 No person, business or website may link to any page on this Website without the prior written permission of Compass. Hyperlinks provided on this site to non-Compass sites, are provided as is and Compass does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
15. SUBMITTING CONTENT
15.1 When you submit Content via the Website (for example, submitting your contact details), you affirm, acknowledge, represent, and warrant that such Content is your own.
15.2 You expressly agree not to email or otherwise submit Content:
15.2.1 that violates any law;
15.2.2 that is copyrighted or patented, protected by trade secret or trade mark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;
15.2.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
15.2.4 that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, or harms or could harm minors in any way;
15.2.5 that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
15.2.6 that violates any employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.
15.2.7 that includes personal or identifying information about another person without that person’s explicit consent;
15.2.8 that impersonates any person or entity, including, but not limited to, any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
15.2.9 that is false, deceptive, misleading, deceitful, or misinformative;
15.2.10 that constitutes or contains “pyramid schemes”, “affiliate marketing”, “link referral code”, “junk mail”, “spam”, “chain letters” or unsolicited advertisements of a commercial nature;
15.2.11 that includes links to commercial services or Third Party Websites, except as specifically allowed by us; or
15.2.12 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
15.3 We reserve the right to remove any Content without prior notice. Further, at our sole discretion, we reserve the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous or defamatory material or excessive length. We may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 We reserve all rights (including all intellectual property rights) not expressly granted herein to the Website and the Content we make available on or via the Website. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. All moral rights of Compass and its employees/agents are reserved.
16.2 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
16.3 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
17. PROCESSING OF YOUR PERSONAL INFORMATION
17.1 To the extent that we collect any personal information from you, we will handle the collection, processing and storage of your personal information in accordance with the provisions of this paragraph 7.
17.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in this paragraph 7.
17.3 We are committed to protecting and respecting your privacy.
17.4 This paragraph 7 sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, stored and processed by us. Please read this paragraph 7 carefully to understand our views and practices regarding your personal information and how we will treat it.
17.5 We will take reasonable steps to prevent unauthorised access to, or disclosure of your personal information. However, we do not guarantee that your personal information shall be 100% secure.
17.6 By continuing to use this Website you agree to the terms and conditions set out in this paragraph 7. You agree that we may collect, collate, process and/or store your personal information (“Collect“) for, amongst other things, (i) the purposes of providing you with access to the Content and Services; and (ii) for any of the purposes listed in paragraph 7.11 below.
17.7 The types of personal information that we may Collect includes information within the scope of the categories of personal information identified in relevant data protection laws in the Republic of South Africa. This may include (amongst other things) your name, e-mail and physical addresses, postal address, contact information, and the pages of the Website viewed by you.
17.8 We will attempt to limit the types of personal information we Collect to only that to which you consent and which is necessary for our legitimate business interests.
17.9 Personal information may be Collected by us in several ways, including, when:
17.9.1 you make use of the Content;
17.9.2 when you submit the personal information on the Website; and
17.9.3 you browse the Website.
17.10 You acknowledge that all personal information Collected by us may be stored by us and used for any of the purposes listed in paragraph 7.11 below.
17.11 We may use your personal information:
17.11.1 to retain and make available to you information on the Website;
17.11.2 for security, administrative and legal purposes;
17.11.3 for customer relations; and
17.11.4 for helping us in any future dealings with you.
17.12 We will attempt not to disclose any of your personal information to third parties, unless you have consented to such disclosure.
18. COOKIES AND IP ADDRESSES
18.2 An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses, or the location of computers on the Internet.
18.3 We collect IP addresses for the purposes of system administration and to audit the use of the Website. We do not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Terms or to protect our Website, its users or other interests.
19. LIMITATIONS OF LIABILITY
19.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act No 25 of 2002, as may be amended from time to time, neither us nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
19.2 The Website is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the service available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
19.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or our official opinion and users are encouraged to seek professional advice before taking any course of action related to information, ideas or opinions expressed on this website.
110. ELECTRONIC COMMUNICATIONS
When a user visits the Website or sends e-mails to Compass, that user consents to receiving communications from Compass electronically and agrees that all agreements, notices, disclosures and other communications sent by Compass satisfies any legal requirements, including, but not limited to, the requirement that such communications should be “in writing”. By using the Website, you consent to the collection and use of information by Compass as specified.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or be impaired.
113. SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
114. HOW TO CONTACT US
If you have any questions about these Terms and/or the Services, please contact www.compass-group.co.za.