Terms & Conditions

The Employment Opportunities Portal (“the Portal”) is a portal which offers UNEMPLOYED professionals and support staff in the insurance industry the opportunity to upload their personal profiles which might be viewed by members of the INSETA National Skills Development Broker Network.

No person that is currently employed by any broker or member broker may upload their personal profiles or CV to this portal.

Any person misrepresenting their employment status will be summarily removed from the portal and ‘blacklisted’ on the portal.

Employment Opportunities Seekers (“candidates”) herewith grant members unconditional access to their personal profiles and CVs.

Users may only access, browse and use the Portal for legitimate personal or commercial purposes and may not use the Portal and/or products for:

Harmful purposes;

Illegal purposes;

Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or

The creation, storage and sending of unsolicited commercial communications.

If any User uses content from the Portal in breach of the provisions detailed herein:

The Network reserves the right to claim damages from the User;

The Network reserves the right to institute criminal proceedings against the User; and

The Network shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

Hyperlinks to the Portal from any other source shall be directed at the home page of the Portal. Links beyond the Employment Opportunities home page may only be used with the Network‘s prior written consent.

The Network shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Portal, if such content, products or services was accessed through a hyperlink not directed at the home page of the Portal. Persons that wish to link to pages beyond the home page of the Portal without the Network‘s prior written consent shall do so at their own risk and indemnify the Network against any loss, liability, or damage that may result from the use of such hyperlinks. The Network‘s non-liability for deep linking is because deep links bypass these terms and conditions.

No person may, without the prior written consent of the Network, frame the Portal in any manner whatsoever.

Apart from bona-fide search engine operators and use of the search facility provided on the Portal by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Portal for any purpose whatsoever, without the prior written consent of the Network.

E-mail addresses, names, telephone numbers, and fax numbers published on the Portal may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Portal may be used to communicate unsolicited communications to the Network and all rights detailed in section 45 of the ECT Act are reserved.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property on the Portal, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to the Network and as such, are protected from infringement by domestic and international legislation and treaties.

No person may use logos, icons, or trade marks from the Portal as hyperlinks or other purposes without the Network‘s prior written consent.

SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Portal and/or download content from the Portal.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT Act

These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Portal.

Access to the services, content, software and downloads available from the Portal may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the Network has, amongst others, the duty to disclose the following information:

The full name and legal status of the Portal owner: INSETA;

Office bearers: www.inseta.org.za;

Street address: Oakhurst, North Wing, Ground Floor, 11 St, Andrew‘s Road, Parktown, 2193 , Johannesburg

Postal address: P O Box 32035, Braamfontein, 2017, Johannesburg

Physical address for receipt of legal service: Oakhurst, North Wing, Ground Floor, 11 St, Andrew‘s Road, Parktown, 2193 , Johannesburg

Telephone number: +27 +11 544 2000

Membership of self regulatory authority: SAQA;

Code of Conduct: None;

Main business: The Employment Opportunities Portal is a portal which offers services to unemployed professionals and support staff in the insurance industry. Unemployed professional and support staff in the insurance industry upload their personal profiles and their CVs;

Services: The portal advertises personal profiles of unemployed professional and support staff in the insurance industry to the INSETA National Skills Development Broker Network members;

Security features: secure communications via SSL, authentication via digital certificates and username and password login;
The official e-mail address of the Portal is: info@insetanetwork.co.za

Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

access to the Portal;

the inability to access the Portal;

the services and content available from the Portal; or

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 Johannesburg 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 website: http://www.arbitration.co.za; and

Users may lodge complaints concerning the Portal with the Portal at info@insetanetwork.co.za;

CHANGES AND AMENDMENTS

The Network reserve the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

change these terms and conditions;

change the content and/or services available from the Portal;

discontinue any aspect of the Portal or service(s) available from the Portal; and/or

change the software and hardware required to access and use the Portal.

PRIVACY

The Network shall take all reasonable steps to protect the personal information of Users and 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 Network may electronically collect, store and use, amongst others, the following personal information of Users:

name and surname;

area code;

street address;

postal address;

title;

contact numbers;

Professional and work experience;

Qaulifications

non-personal browsing habits and click patterns;

e-mail address; and / or

IP address.

The Network collects, stores and uses the abovementioned and other related information for the following purposes:

Communicate requested information to the User;

Provide services to the User as requested by the User;

Authenticate the User;

Provide the User with access to restricted pages on this website; and

Compile non-personal statistical information about browsing habits, click-patterns, and access to the Portal.

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.

The Network may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

The Network shall not disclose personal information from Users unless the User consents thereto;

The Network shall disclose personal information without the User‘s consent only through due legal process; and

The Network may compile, use and share any information that does not relate to any specific individual.

The Network own and retain all rights to non-personal statistical information collected and compiled by the Network.

HYPERLINKS TO THIRD PARTY SITES

The Network may provide hyperlinks to websites not controlled by the Network ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.

The Network does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites.

SECURITY

The Network shall take all reasonable steps to secure the content of the Portal and the information provided by and collected from Users from unauthorised access and/or disclosure. However, the Network do not make any warranties or representations that content shall be 100% safe or secure.

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, the Network is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Portal.

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Portal or the server and computer network that support the Portal.

Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Portal, whether on purpose or negligently, shall, without any limitation, indemnify and hold the Network harmless against any and all liabilities, damages, risks and losses that the Network and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.

Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Portal and the Network reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by The Network and its partners / affiliates due to or related to these illegal actions.

DISCLAIMER AND LIMITATION OF LIABILITY

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, The Network (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

access to the Portal;

access to websites linked to the Portal;

inability to access the Portal;

inability to access websites linked to the Portal;

content available on the Portal;

content posted to the Portal by Users;

services available from the Portal;

products available from the Portal;

downloads and use of content from the Portal; and/or

any other reason not directly related to Network‘s gross negligence.

The Network‘s Portal 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 the Network, that the content available from and through the Portal meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

Information, ideas and opinions expressed on the Portal should not be regarded as professional advice or the official opinion of the Network and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Portal.

The Network does not make any warranties or representation that content and services available from the Portal shall in all cases be true, correct or free from any errors. The Network shall take all reasonable steps to ensure the quality and accuracy of content available from the Portal.

The Network do not make any warranties or representations that the Portal shall be available at all times. Users acknowledge that the Portal may be unavailable due to updates or other causes beyond the reasonable control of the The Network, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God."

REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Portal to The Network and The Network 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.

INTERCEPTION OF COMMUNICATIONS

Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to the The Network‘s right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" as defined in the ECT Act) send or posted by the User to the Portal, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.

The User agrees and acknowledges that the consent provided by the User satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.

ENTIRE AGREEMENT AND SEVERABILITY

These terms and conditions constitute the entire agreement between The Network and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by The Network from the User.

Any failure by The Network to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

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.

AGREEMENT IN TERMS OF SECTION 21 OF THE ECT Act

The User and The Network agree that:

the User shall be bound to these term and conditions and such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Portal for the first time;

data messages (as defined in the ECT Act) addressed by the User to The Network shall only be deemed to have been received if and when responded to;

data messages (as defined in the ECT Act) addressed to the User by The Network shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

data messages (as defined in the ECT Act) addressed by the User to The Network shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the The Network; and

the User agrees and warrants that data messages that are sent to The Network 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.

APPLICABLE AND GOVERNING LAW

The Network website 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 Portal, its content, services, products and these terms and conditions.

LEGAL COSTS

The Network shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.








  
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