BUSINESS PROCESS ENABLING SOUTH AFRICA – SKILLS PORTAL (“BPESA SKILLS PORTAL”)
TERMS AND CONDITIONS OF USE
1.1 These terms and conditions of use (“Terms and Conditions”) regulate the relationship between BPeSA and your use of the Team C4 Game as part of the BPeSA Skills Portal.
1.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
(a) may limit the risk or liability of BPeSA or a third party; and/or
(b) may create risk or liability for the User; and/or
(c) may compel the User to indemnify (make good) the losses suffered or incurred by BPeSA or a third party; and/or
(d) serves as an acknowledgement, by the you, of a fact.
1.3 Your attention is drawn to these terms Terms and Conditions because they are important and should be carefully noted.
1.4 Nothing in these Terms and Conditions are intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the BPeSA in terms of the Consumer Protection Act, 2008.
1.5 This BPeSA Skills Portal is made available to you by BPeSA conditional upon your acceptance, without modification, of these Terms and Conditions. Your access to and use of this BPeSA Skills Portal constitutes your agreement to and acceptance of these Terms and Conditions. If you do not agree with any provision contained in the Terms and Conditions, please do not use the BPeSA Skills Portal.
1.6 By clicking the “Create Account ” button when registering on the BPeSA Skills Portal, you agree that you are 18 (eighteen) years or older. If there is any provision Terms and Conditions that you do not fully understand, you should ask BPeSA to explain it to you before accepting it. BPeSA reserves the right, in its sole and absolute discretion, to amend (including without limitation, by the addition of new terms and conditions) these Terms and Conditions at any time and from time to time. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms and Conditions prior to use of the BPeSA Skills Portal. Each use of the BPeSA Skills Portal will constitute your acceptance of the then current Terms and Conditions applicable at that time.
2.1 Unless the context indicates a contrary intention, the following words and expression bear the following meanings and similar expressions bear corresponding meanings:
(a) “Intellectual Property” means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar intellectual property as may exist anywhere in the world which is not in the public domain and any applications for registration of such intellectual property;
(b) “Subscriber” means includes but is not be limited to recruitment agents and employees, who may have access to the your information and the Results (as defined below) made available through the BPeSA Skills Portal;
2.2 Clause headings and the heading of these Terms and Conditions are for convenience only and are not to be used in its interpretation.
2.3 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either for you or BPeSA in terms of the Consumer Protection Act, 2008.BPeSA Skills Portal
2.4 BPeSA is a networking body for the information technology enabled services industry. Through the BPeSA Skills Portal, BPeSA creates a networking platform that enables Subscriber of the BPeSA Skills Portal to contact you in respect of potential employee vacancies.
2.5 The BPeSA Skills Portal contains educational games. When you play the educational games, the BPeSA Skills Portal notes your results (“Results”). BPeSA will not change or modify your Results and such Results will be made available as collected. The Results are final and cannot be changed.
2.6 BPeSA then makes your Results together with your information available to Subscribers of the BPeSA Skills Portal. In the event that your Results match or are compatible with employee vacancies Subscribers have available, Subscribers may contact you directly in respect of such position to make further queries or arrange an interview. You consent to BPeSA making your information and Results available to Subscribers for purposes of the BPeSA Skills Portal.
2.7 BPeSA is neither an employer nor a recruitment agent for the purposes of the BPeSA Skills Portal.
3.1 BPeSA grants you a limited, revocable, non-exclusive, non-transferable, personal right to use the BPeSA Skills Portal for your personal purposes only.
(a) are not permitted to resell or permit others to use the BPeSA Skills Portal for the benefit of any other person;
(b) will only use the BPeSA Skills Portal in a manner consistent with these Terms and Conditions; and
(c) will not attempt to alter, modify, deconstruct or reverse engineer any part of the BPeSA Skills Portal.
4. USER ACCOUNT
4.1 In order to access the BPeSA Skills Portal, you must register an account with BPeSA and provide BPeSA with all required information. You will remain responsible for updating any and all account information and maintaining the confidentiality of the account. Should you suspect or become aware of any unauthorised use of or access to your account, you will notify BPeSA immediately and take steps to prevent unauthorised use of or access to your account including but not limited to changing your password.
4.2 By creating the account, you agree to be responsible and liable for all activity on the account and to keep passwords confidential.
4.3 BPeSA reserves the right to terminate your account should you breach these Terms and Conditions.
5.1 The use of the BPeSA Skills Portal does not guarantee placement with Subscribers to the BPeSA Skills Portal and there is no expectation of placement in an employee vacancy as a result of the use of the BPeSA Skills Portal, by you.
5.2 BPeSA does not warrant that its Subscribers will have employment vacancies available for you. Each Subscriber will have their own selection process in respect of employment vacancies and if you successfully meet the Subscriber’s employment vacancy requirements, amongst other requirements, you will be contacted by the Subscribers directly and will be subject to their selection process. The BPeSA is neither in control of nor involved in the Subscriber’s selection processes.
5.3 Your use of this BPeSA Skills Portal and the reliance on any content, information or data is entirely at your own risk. To the fullest extent permissible by law, BPeSA disclaims all warranties of any kind, whether express or implied.
5.4 BPeSA is continually making changes to the BPeSA Skills Portal which includes but is not limited to changes in respect of improving the BPeSA Skills Portal. BPeSA therefore reserves the right, in its sole and absolute discretion, to make changes to the BPeSA Skills Portal, at any time and for any reason.
5.5 You acknowledge that in using the BPeSA Skills Portal outside of an area with free Wi-Fi, your terms of agreement with your telecommunications network provider will apply. You accept responsibility and liability for any and all charges associated with your use of the BPeSA Skills Portal.
5.6 Without limiting the foregoing, BPeSA does not warrant that the BPeSA Skills Portal:
(a) will be uninterrupted, timely, secure or free from errors or other program limitations; that any defects or errors will be corrected; or that the BPeSA Skills Portal or the server that makes them available is free of viruses or other harmful components;
(b) will meet your requirements or be accessible and perform in accordance with your expectations; or
(c) will provide specific results from use of the BPeSA Skills Portal or that the Results from your use of the BPeSA Skills Portal will be accurate, complete or reliable.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property rights, title and interest in the BPeSA Skills Portal vest in BPeSA or its licensors and will never be transferred to you. Any suggestions made by you which are subsequently incorporated into BPeSA Skills Portal remain vested in BPeSA.
6.2 BPeSA reserves all rights not expressly granted in these Terms and Conditions. You agree not to use any Intellectual Property, other than expressly permitted in these Terms and Conditions, including but not limited to for any commercial purposes.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permissible by law, in no event will BPeSA be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages, arising from or connected to your use of the BPeSA Skills Portal, including without limitation, loss of profits or revenues, costs, replacement, business interruptions, loss of data or damages resulting from use of or reliance thereof, even if you are expressly advised about the possibility of such damages.
7.2 BPeSA is not liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use the BPeSA Skills Portal. This limitation includes but is not limited to damages to, or for any viruses that infect your computer equipment, software or data.
You indemnify (make good the losses suffered by another) and hold harmless BPeSA and its officers, directors, employees, servants, agents or contractors or other persons for whom in law BPeSA may be liable (stipulation for another) from any loss, damage, damages, costs, expenses, legal fees, liability, claim or demand due to, connected or arising out of your breach of these Terms and Conditions.
9. LINKS TO OTHER WEB SITES
The BPeSA Skills Portal may contain links to other websites or services which are not operated by BPeSA. BPeSA does not take any responsibility for such other websites or services. A link to another website or service is not an endorsement of that website or service nor does BPeSA warrant such services. Your use of any of these websites or services is entirely at your own risk.
10.1 What information will be collected?
(a) When your create a BPeSA Skills Portal account, you will be required to furnish your name, surname, South African identity number, highest level of academic qualification and recent job history.
(b) All information received from you will be processed to enable BPeSA to provide the BPeSA Skills Portal to you and Subscribers.
(c) BPeSA may process your information for statistical and research purposes. BPeSA will ensure that any such processing does not identify you and will be on an anonymous basis.
10.2 How does BPeSA use your information?
(a) Your Results will be shared with Subscribers for the purposes of determining your suitability for employment vacancies and your information will be provided to Subscribers to contact you in respect of the employment vacancies.
(b) Your information will be used to respond to and address your queries.
10.3 How is your information stored?
BPeSA has taken reasonable precautions to keep your information confidential. When you submit your information via the BPeSA Skills Portal, such details are protected both on-and-off-line and resides within access controlled and secure infrastructure. As details transmitted over the internet cannot be guaranteed to be fully secure, and, whilst BPeSA will take reasonable steps to protect your information, BPeSA cannot warrant the integrity and security of any information so transmitted, and your use of the BPeSA Skills Portal is at your own risk.
All disclaimers, limitation of liability and indemnity provisions in these Terms and Conditions will survive indefinitely after the expiration or termination of these Terms and Conditions. Further, the expiration or termination of these Terms and Conditions will not affect the provisions of these Terms and Conditions which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.
11.3 Entire Terms
These Terms and Conditions constitute the whole agreement between you and BPeSA relating to your access to and use of the BPeSA Skills Portal.
If you breach these Terms and Conditions, BPeSA may immediately, terminate your use of and access to the BPeSA Skills Portal and/or prohibit future use of and access thereto and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of BPeSA’s rights in this regard are expressly reserved.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which BPeSA may show, grant or allow you shall operate as an estoppel against BPeSA in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by BPeSA of any of BPeSA’s rights and BPeSA shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
11.6 Governing Law
These Terms and Conditions will be governed by, construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with these Terms and Conditions, BPeSA and you both submit to the jurisdiction of the South African High Courts or such replacement court.