Terms and Conditions of Use
1: Use and Copyright
- Use of this website and any services, content or applications contained therein or offered thereon is at the sole risk of the user.
- Users may view, copy, download to a local drive, print, and distribute the content of this website, or any part thereof for non-commercial, informational or reference purposes only. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions, or which may otherwise have been obtained through the use of this site.
- Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from Execumatch.
- Any reproduction and/or copy of the content or portion thereof for commercial purposes, if permission has been granted as per 1.3, must include the following copyright notice in its entirety: “© Execumatch. All rights reserved.”
- All moral rights and any other rights of Execumatch or other legal entity in respect of which content is contained on this site not expressly granted are reserved.
2: Disclaimers and Indemnities
- The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).
- It is the sole responsibility of the user to satisfy him or herself prior to accessing this website that the website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
- This entire website, including text, images, links, downloads and coding, is provided “as is” and “as available”. Execumatcht makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability or either the website or the information contained in it.
- Information, ideas, and opinions expressed on this site should not be regarded as professional advice or the official opinion of Execumatch or any legal entity in respect of which information, ideas and opinions are expressed on this website.
- Users are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- The use of the content of this website is at the user’s own risk.
- The user assumes full responsibility and risk of loss resulting from the use of the content of this site.
- Execumatch or any of the legal entities in respect of which information is contained on this site, or employees of Execumatch or such entity, will not be liable for any special, indirect, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, delict (including without limitation, negligence), or otherwise, relating to the use of this website, document and information.
- Subject to Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002 and to the fullest extent possible under law, Execumatch shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use, or reasonable reliance upon this website or the service or content provided from and through this website.
- Even though Execumatch takes reasonable steps to ensure that this site is virus free, no warranty, whether express or implied, is given that any information downloaded from this site is virus free.
- Users agree to indemnify and hold harmless Execumatch, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of or inability to use this website, third party websites or any of the services offered through such sites in any way, including but not limited to the provision of content.
- If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
3: Receipt and Seding of Data Messages
- Data messages, including e-mail messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to in writing.
- If a user does not receive a response within a reasonable period of time, the user should follow it up with Execumatch shall not be liable for any failure to respond.
- An agreement concluded between Execumatch and a user by means of data messages is deemed to be concluded at the time the acceptance of the offer exits Execumatch information system and is deemed to be concluded in Johannesburg, South Africa.
- Time, place, dispatch, and receipt of data messages including the formation and validity of Agreements is subject to the South African Government Procurement General Conditions of Contract and if not specifically governed herein, sections 22 to 26 of the Electronic Communications and Transactions Act apply.
4: Security
- Execumatch has in place reasonable commercial standards of technology and operational security to protect all information provided by users from loss, misuse, alteration, or destruction.
- All reasonable steps will be taken to secure a user's information. Authorised employees, who are responsible for the maintenance of any sensitive data submitted, are required to maintain the confidentiality of such data. The policy applies to all employees of Execumatch or public and private bodies that may receive such information from Execumatch.
- It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging, or malicious code to this website and the User’s attention is drawn to the offences and penalties in Chapter XIII of the Electronic Communications and Transactions Act. If a person delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website, a criminal charge will be laid against that person, and, if Execumatch or any public or private body should suffer any damage or loss, civil damages will be claimed.
5: Monitoring and Interception of Data Messages
- In order to provide a relevant and secure service, and where required to do so under law, Execumatch may monitor and/or intercept electronic communications, such as e-mail, which are sent to this website.
- To the full extend necessary under the law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
6: Confidentiality of Data Messages
- Execumatch does not wish to receive confidential or proprietary information from users through this website.
- Please note that any information or material sent to Execumatch will be deemed NOT to be confidential.
- By sending Execumatch any information or material, users grant Execumatch, an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agree that Execumatch is free to use any ideas, concepts, know-how or techniques that are sent to it for any purpose.
7: Link to Thrid-party or External Sites
- Execumatch may provide links to other websites only as a convenience and the inclusion of any link does not imply the endorsement of such sites.
- Linked websites or pages are not subject to the control Execumatch.
- When users select a link to a third-party website, they are leaving Execumatch website and are subject to the privacy and security policies of the owners/sponsors of the third-party website.
- Execumatch does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
- Execumatch does not endorse the organizations sponsoring linked websites and does not endorse the views they express or the products/services they offer.
- Execumatch cannot authorise the use of copyrighted materials contained in linked websites. Users must request such authorisation from the sponsor of the inked website.
- Execumatch is not responsible for transmissions users receive from linked websites.
- Certain links in the web server lead to resources maintained by third parties over whom Execumatch has no control. Execumatch makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources and is not responsible or liable, directly, or indirectly, in any way for the contents, use, or inability to use or access any linked websites or resource or any links contained in a linked website or resource.
8: Intellectual Property Rights
- All content, data and trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, hyperlinks, private information, designs, program, publication, product, process, or idea described in this website may be the subject of rights, including other intellectual property rights, which are the property of or licensed to Execumatch, or a legal entity, and as such are protected from infringement under the laws of the Republic of South Africa, international treaties and conventions.
- Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website is expressly reserved and by accessing data on this website the user is not licensed, authorised, or granted any other right including without limitation under copyright, trademark, patent, or other intellectual property rights in or to the content.
- Third party websites are welcome to link to the information that is hosted on this website.
- It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Execumatch.
9: Automated Searches
- Automated transactions and searches are subject to these terms and conditions.
- The use of malicious search technology is prohibited.
- The use of search technology in an unlawful manner or for collecting or harvesting of data for commercial gain is prohibited.
- Search technology which does not unduly retard the operation of this website is acceptable, but the website owner reserves the right to prohibit any specific entity from employing search technology on the website.
10: Applicable Law
- This website is owned, hosted, and maintained within the Republic of South Africa.
- When using this website and agreeing to these Terms and Conditions of Use such use and agreement is deemed to have taken place in Johannesburg, Gauteng, South Africa.
- This Website is controlled, operated, and administered by Execumatch within the Republic of South Africa. Execumatch makes no representation that the content is appropriate or available for use in other locations or countries.
- Access to the Website from territories or countries where the content is illegal is prohibited.
- The User may not use this Website in violation of South African law.
- If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The laws of the Republic of South Africa shall govern these Terms and Conditions of Use, and the User consents to the jurisdiction of the High Court of South Africa in the event of any dispute.
11: General Provisions
- In the event of any part of these Terms and Conditions of Use being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
- These Terms and Conditions of Use contain the record of the entire agreement between the user and the website owner.
- Failure to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
12: Amendments to Content and Information
- The website owner expressly reserves the right in its sole discretion to effect any amendment or alteration to the content and information set out in this website.
- Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration effected.
13: Updating and Maintenance of These Terms and Conditions of Use
- Execumatch reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time.
- The Terms and Conditions of Use at the time the User access the website will govern the rights and obligations of Execumatch and the User.
- It is the user’s obligation to periodically check these terms and conditions of use for changes or updates.
- The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.
14: Website Owner Details
- The full name and legal status of the website owner is:
- K. Meyerson t/a Execumatch
- The contact details are as follows:
- The website address of this website is: www.execumatch.co.za
- Postal address: P.O..Box 215 Fourways 2055
- Street address: 1674, Taunton Crescent, Highgate, Dainfern 2191
- Telephone contact: 082 679 8861
- E-mail contact: admin@execumatch.co.za
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