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WEBSITE TERMS OF USE

UNDERSTANDING YOUR RIGHTS AND RESPONSIBILITIES AS A ENVISIONME.CO.ZA USER

1. INTRODUCTION

  1. This website, www.envisionme.co.za ("the Website") is owned and operated by Envisionme Co Virtual Talent Management (Pty) Ltd ("Envisionme"), a company registered in the Republic of South Africa with company registration number 2010/019518/07.
  2. The following terms and conditions which include our Privacy Policy (collectively the “Terms of Use”) governing the relationship between the user ("User") and Envisionme (including its affiliates and subsidiaries), in the use of the Website. By using the Website, you are agreeing to comply with, and be legally bound by, the Terms of Use.

2. CONTENT

The Website contains a variety of features and services which permit and/or facilitate:

  1. posting and searching employment opportunities,
  2. access to online communities which are designed to facilitate valuable professional and personal networking services amongst users of the Website based on common experiences and interests; and
  3. the creation of individual profiles and the submission of a user's personal information on the Website, for use by prospective employees and employers alike and is not intended to, nor does it constitute, professional employment advice.

3. RESTRICTIONS ON USE

  1. A User is authorised to print a single copy of the material contained on the Website for the User's own non-commercial use. The reproduction, redistribution, alteration and transmission of any material or information contained on the Website is strictly prohibited.
  2. All features and facilities made available on the Website, which include but are not limited to the Website's job posting / résumé database (“Envisionme.co.za Résumé Database”), Website: "Communities", "Contacts" and "Profiles" and other features of the Website may be used only for lawful purposes by:
    • individuals wanting to present themselves to prospective employers;
    • individuals seeking employment and career information;
    • employers seeking employees; and
    • individuals to network for personal or professional purposes with other individuals
  3. The content of the Website such as text, graphics, images, logos, button icons, software, the Envisionme.co.za Résumé Database and any other content available on the Website (collectively, "Website Content"), is protected under copyright, trademark and other applicable laws. All Website Content is the property of Envisionme or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of the Website Content is the exclusive property of Envisionme and is protected by copyright, trademark, and other applicable laws. Unauthorized use of the Website Content is strictly prohibited. The User must preserve all copyright, trademark, and other proprietary notices contained on the original Website Content on any authorised copy of the Website Content.
  4. The User agrees not to sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Website and/or Envisionme, in any other manner that is likely to cause confusion among visitors of the Website and other Users, that disparages or discredits Envisionme, the Website or its licensors, that dilutes the strength of Envisionme or its licensor’s property, or that otherwise infringes the intellectual property rights of Envisionme or its licensor(s). The User further agrees not to misuse the Website Content in any other manner. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Envisionme creates to generate or display any Website Content or the pages making up the Website is also protected by Envisionme's copyright and the User may not copy or adapt such code.
  5. The User hereby indemnifies Envisionme against any and all claims arising from the use by third parties of any material from the Website that they have accessed as a result of any reproduction, redistribution, alteration or transmission by the User of that material in contravention of these Terms of Use.
  6. In order to ensure a safe and effective experience for all Users, Envisionme reserves the right to limit the amount of data (including résumé/curricula vitae views) that may be accessed and/or exchanged by a User in any given time period. These limits may be amended in Envisionme’s sole discretion from time to time.

4. REGISTRATION AND CANCELLATION

  1. Some areas of the Website may not be freely accessible. A User may be asked to complete a registration form in order to gain access to the Envisionme.co.za Résumé Database and/or other areas of the Website (“Restricted Areas”). It may be that a charge is payable to obtain access to the Restricted Areas, and if not, Envisionme reserves the right to introduce a charge for such access at any time. If such a charge is introduced, Envisionme may deny access to the Restricted Areas if the User does not pay the relevant charges and require the User to comply with any further registration requirements that Envisionme may, in their sole discretion, decide to introduce from time to time.
  2. When the User registers for access to the Restricted Areas, the User will be asked to create an account and may be asked to provide certain personal details (“Personal Information”). Envisionme will only use the Personal Information in accordance with the Privacy Policy. The Website may use cookies to verify the identity of Users who have registered to access the Restricted Areas. For further information on this use of cookies, please see the Privacy Policy.
  3. Envisionme reserves the right to offer Envisionme and third party services and products to the User based on the preferences that the User identifies in their registration and at any time thereafter.
  4. Envisionme reserves the right to terminate a User's registration to the Restricted Areas and to restrict a User's access to the Website without notice, at any time.
  5. A User may cancel their registration with the Website at any time by sending an email to legal@envisionme.co.za.

5. OPERATION OF THE WEBSITE

Envisionme reserves the right to suspend or terminate the operation of the Website at any time for the purposes of support and maintenance or to update the information contained on the Website. Envisionme is not obliged to give any notice of such termination or suspension.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

  1. Envisionme endeavours to ensure the accuracy and reliability of the operation of the Website and the Website Content, materials and products included and available on the Website, but because of the possibility of human and mechanical error as well as other intervening factors, Envisionme does not, expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the accuracy or completeness of such information or that it is always up to date or that a User's access to the Website will be uninterrupted or error-free. It is the User's responsibility to ensure that all Personal Information submitted and made available on the Website is accurate and updated. Envisionme does not in publishing advertisements or materials on the Website endorse any products, advice or content contained in such advertisements.
  2. Envisionme, its officers, employees and agents accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of, or reliance on, the information provided on the Website, except where liability is attributed in terms of applicable peremptory legislation.
  3. The User must be satisfied that such User may lawfully access the Website, read the pages and/or act upon the material contained on the Website. Envisionme accepts no responsibility for any unauthorised access or actions in respect of such matters.
  4. By using the Website, the User acknowledges that there are risks, including but not limited to, the risk of physical and/or emotional harm occasioned in dealing with strangers, foreign nationals, underage persons or people acting under false pretences. The User assumes all risks associated with dealing with other Users with whom the User comes in contact through the Website. By its very nature, third party information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. Envisionme expects that the User will use caution and common sense when using the Website.
  5. Due to the inherent difficulties in User authentication on the internet, Envisionme cannot and does not confirm that each User of the Website is who they claim to be. A User is responsible for maintaining the confidentiality of his/her/its account, profile and/or passwords in relation to the Website. Users may not share their password(s) or other account access information with any other party, whether temporarily or permanently, and the User shall be responsible for any use of such Website registration information and password(s), whether or not authorised by the User. The User agrees to immediately notify Envisionme of any unauthorised use of a User account, profile, or password(s), as the case may be.
  6. Envisionme does not provide or make any representation and/or guarantee as to the quality or nature of any third party products and/or services advertised and/or accessed through the Website. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
  7. By using the Website, the User acknowledges that:
    1. Envisionme is a passive conduit for the online distribution and publication of the Website Content, and has no obligation to screen or monitor any:
      1. Personal Information and/or other content submitted by a User on the Website; and
      2. communications or other information exchanged between Users of the Website in any of the Website communities and/or other facilities provided on the Website;
    2. the Website is a venue for employers to post job opportunities and candidates to post résumés and profiles. Accordingly, Envisionme does not screen or censor the listings, including profiles offered; and
    3. Envisionme is not involved in the actual transaction between employers and candidates. As a result, Envisionme has no control over the content submitted by a User on the Website, the quality, safety or legality of the jobs or résumés posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings, and Envisionme makes no representations and/or warranties in this regard.
  8. Envisionme may, at any time and at its sole discretion, review and remove any User content which:
    1. violates these Terms of Use and/or any applicable laws, rules or regulations; and/or
    2. is inappropriate abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of any other User(s) of the Website.

7. LINKING TO AND FROM THE WEBSITE

  1. The Website may contain links to third party websites. These linked websites are not under the control of Envisionme and Envisionme accepts no responsibility for, or liability arising from, access to, or the information provided on, any website which is linked to the Website, or any hyperlink contained on a linked website. Any links provided on the Website are for the User's convenience. Envisionme does not endorse or take responsibility for the content of such third party websites, is not responsible for the availability of the websites and will not be liable for any reason whatsoever in respect of the harm, damage or loss that a User may suffer by using those websites. The User acknowledges and agrees to link to any such website entirely at the User's own risk and liability and Envisionme encourages all Users to read the privacy statements and any other legal information contained on any third party website.
  2. Neither this Website nor any of the Website Content may be included in any other website. Instead, a link to the Website is required at all times. If a User wishes to establish a link to the Website, the link must include the Website web address “www.envisionme.co.za”. The name to be used in the link is “Envisionme.co.za”. Neither a User, nor any other third party may use the Website logo without permission from Envisionme, which permission must be obtained in advance and in writing from Envisionme by sending an email to legal@envisionme.co.za.
  3. The fact that the Website contains a link to or from a third party website does not imply that there is any affiliation between Envisionme and the third party website, or that Envisionme or its officers or employees endorse the third party website.
  4. Envisionme reserves the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the Website, at any time if it is deemed, by Envisionme, to be in the best interests of Envisionme.

8. COPYRIGHT AND TRADEMARKS

  1. The works of authorship contained on the Website, including but not limited to all designs, trademarks, logos, data, text and images, whether registered or unregistered, are the intellectual property of Envisionme, its affiliates or third parties who have supplied information to Envisionme, and are protected by South African and applicable international intellectual property laws and conventions. Envisionme reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a third party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the Website without the prior written consent of Envisionme.
  2. A User is not permitted to use any of the trademarks displayed on the Website without the prior written consent of Envisionme or the third party that owns the trademark.
  3. The User acknowledges and agrees that in uploading any information onto the Website, the User grants Envisionme a non-exclusive, irrevocable worldwide, perpetual and unlimited royalty-free licence in respect of the use of such information.
  4. By submitting information to the Website, the User represents and warrants, in favour of Envisionme, that the User is entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. The User, by using the Website, hereby indemnifies Envisionme and holds Envisionme harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by the User's failure to comply with these Terms of Use, including, without limitation the User's submission of content that violates third party rights or applicable laws; and/or any activity in which the User engages on or through the Website.

9. COMMENTS AND FEEDBACK

If you have any questions or comments about the Website and would like to contact Envisionme, please click here. Envisionme values the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by, or in connection with, your use of the Website, but Envisionme shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your comments. Once disclosed, submitted or offered, your comments shall become the property of Envisionme and the Envisionme shall not be limited in any way in the use, commercial or otherwise, of any of the comments.

10. PRIVACY POLICY

Envisionme takes the privacy of Users seriously. Envisionme is committed to safeguarding the privacy of Users while providing a personalised and valuable service. Envisionme's Privacy Policy, which forms part of these Terms of Use, explains the data processing practices of Envisionme in so far as it relates to the Website. Envisionme has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control, but assumes no liability for any harm, damage or loss that any User may suffer as a result of interception, alteration or misuse of information transmitted over the Internet. Please see our Privacy Policy for further details.

11. APPLICABLE LAW & COMPLIANCE

  1. These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising under or in connection with these Terms of Use and/or the use of the Website, any disclaimers, copyright and use statements contained in the Website, or any inability to use this Website, shall, without giving effect to any principle of conflict of laws be subject to the non-exclusive jurisdiction of South African courts. Notwithstanding the aforegoing, Envisionme may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained on the Website.
  2. Envisionme makes no claims that the Website Content may be lawfully viewed or accessed in all territories across the world. Access to the Website by certain persons or in certain countries may not be legal. All access by a User to the Website is at the User's own risk and all Users are responsible for compliance with the laws of their jurisdiction and hereby indemnify Envisionme in respect of any liability accruing in respect of a contravention of the law of that jurisdiction.
  3. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
  4. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Envisionme’s failure to enforce any provision of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Envisionme’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Website, a particular "Legal Notice," or software license or material on particular Website pages, these Terms of Use constitute the entire agreement between the User and Envisionme with respect to the use of the Website. No changes to these Terms of Use shall be made except as provided in terms of clause 12 below.

12. CHANGES TO THESE TERMS OF USE AND THE WEBSITE

  1. Envisionme may update these Terms of Use from time to time and the User is responsible for periodically reviewing the most current version on the Website. A User's continued use of the Website will be deemed to be their conclusive acceptance of the updated Terms of Use.
  2. Envisionme reserves the right to change or delete any information, features or contents of the pages of the Website at any time and without notice.

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI)
Envisionme Virtual Talent Management Co (Pty) Ltd, trading as www.envisionme.co.za and ADCORP GROUP OF COMPANIES - including Adcorp Limited and its wholly owned subsidiaries (referred to as “the Company”)

Introduction
In terms of POPI, a “Responsible Party” (in this case the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case your personal information and related details) in a lawful, legitimate and responsible way.

To do this, we require your express and informed permission.

If you refuse to give this consent, we still have the right, in terms of POPI, to process your information without your consent in cases:

  • where this is necessary to effect a contractual relationship between us;
  • where this is required by law; or
  • where this is necessary to protect our legitimate interests.

Purpose for Collection

The reason we require your Personal Information is so that we can:

Voluntary

  • find you employment and, to this end, make your information available for searching and matching with job opportunities across the Company;
  • perform checks on job history, criminal record, educational / skills qualifications / registrations / licences and credit history (where this is required and as permitted by the NCA);
  • refer you as a candidate for employment with client companies or employ you as staff within our own environment;
  • notify you of our goods, services and offerings (subject to your right to opt out of such communication); and/or

Mandatory

  • comply with labour, tax and financial legislation;
  • conclude a contract with you;
  • keep records in line with the Basic Conditions of Employment Act and other applicable laws; and/or
  • report to government in terms of the applicable laws.

All Personal Information you provide to us will only be used for the purposes it is collected for.

Consequences of Withholdings Consent or Personal Information

If you refuse to give us the required consent and/or information, we will be unable to assist you with your employment/recruitment requirements, or provide you with our goods or services.

Storage, Sharing, Retention and Destruction of Information

All Personal Information you provide to us will be held and/or stored securely and held for the purpose of recruitment or re-recruitment. It will be stored electronically in a database, which will be accessible to all of our subsidiary companies to widen job-seeking opportunities. Where appropriate, some information may be kept in hard copy.

Sharing of Information

As above, your Personal Information will be accessible to our subsidiary companies. In particular, the following persons or departments within the Company will have access, under conditions of strict confidentiality, to your Personal Information:

Recruiters: All recruiter and related recruitment roles within the Company.

Subscribed clients of Envisionme: Envisionme clients are able to post a job advert, view candidate matches and make direct contact.

All forms of storage will be kept secure and audited regularly for safety and the security.

If data is electronically stored outside of South Africa, this will be done only in countries that have similar privacy laws to ours or where facilities contractually align with POPI.
Once this information is no longer needed, it will be safely and securely archived for 7 years, as per the Companies Act, 71 of 2008. Then it will be permanently destroyed.

Right to Object

In terms of S11(3) of the POPI, you have the right to object to the Company processing your Personal Information. On receipt of your objection we will stop any further processing until the cause of your objection has been resolved.

Accuracy of Information and Onus

POPI requires that all your Personal Information and related details are complete, accurate and up-to-date. While we will do our best to ensure that your Personal Information is reliable, it is your responsibility to advise us of any changes to your Personal Information.

Complaints

You have the right to address any complaints to the Company Information Officer (support@envisionme.co) or to the Personal Information Regulator (insert xxx).

Direct Marketing, Advertising and Promotional Activities

The Company

may use my Personal Information for the marketing and/or promotion of its own goods and services; and
may not use my Personal Information for the marketing and/or promotion of other parties’ goods and services.

Declaration and Informed Consent

I declare that all Personal Information supplied to the Company for the purposes of recruitment and related legal and operational reasons is accurate, up-to-date, not misleading and complete in all respects. I undertake to immediately advise the Company of any changes to my Personal Information if any of these details change.

I permit the Company to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and will be used.

In line with the Protection of Personal Information Act, we need to ask you to consent to our storing and accessing your personal information, both with reference to emailing you and your use of our website.

We will only use your details for the purpose of helping you to prepare for and find your dream job. We won’t sell it/give it to random salespeople so that they can phone you and offer you free sim cards or cheap life insurance. Promise.