WEBSITE TERMS AND CONDITIONS
1 Introduction
1.1 https://swiftmomentum.com (“the Website”) is owned by Swift Momentum the Recruitment Firm (“the Owner”).
1.2 This document sets out the terms and conditions (“Terms and Conditions”) applicable to accessing the Website.
1.3 The Terms and Conditions are valid, binding and enforceable against all persons who access the Website, web pages, landing page or any part thereof. If you do not agree to be bound by these Terms and Conditions, then you must immediately cease your use of, or access to, the Website in any manner whatsoever.
1.4 We reserve the right to revise and amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to the Website. You are advised to review the Terms and Conditions from time to time to ensure that you are up to date with any amendments.
1.5 By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended Terms and Conditions
2 Interpretation and Definitions
2.1 Headings to the clauses in this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
2.2 Unless the context clearly indicates the contrary intention, words importing the singular number shall include the plural and vice versa, and words importing any gender shall include the other genders, and words importing persons shall include corporate bodies and vice versa..
2.3 The following expressions shall have the meanings set out against them:
2.3.1 “Data Message” shall mean a data message as defined in the Electronic Communications Act 25 of 2002;
2.3.2 “User” or “You/Your” means all individuals, whether natural or juristic accessing the website for any reason whatsoever;
3 Use of the Website
3.1 Whilst the Owner makes every effort to ensure that the information provided on the Website is up-to-date and accurate, you may not assume that the information is up-to-date and accurate and your use of, or reliance on, information provided on the Website, whether by the Owner or other third parties, is at your own risk.
3.2 You agree that your use of the Website is for lawful purposes only and that you will not, without limiting the generality of the aforegoing statement, use the Website:
3.2.1 for any unlawful purpose;
3.2.2 to transmit, distribute, store or destroy material in violation of any applicable law or regulation;
3.2.3 in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the Owner;
3.2.4 in a manner that will violate the privacy or other personal rights of others or the Owner;
3.2.5 for the transmission of unlawful material;
3.2.6 to gain unauthorised access to other computer systems.
3.3 In addition to the aforegoing, the following conduct is prohibited in respect of the Website:
3.3.1 use of any robot, spider, other automatic device and/or manual process to:
3.3.1.1 monitor or copy any part of the Website;
3.3.1.2 generate automated postings and/or spam;
3.3.1.3 interfere or attempt to interfere with the proper working of the Website.
3.3.2 take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
3.3.3 reverse assemble or otherwise attempt to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3.3.4 attempt to access any area of the Website to which access is not authorised.
3.4 It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and account to access the Website
4 HYPERLinks
4.1 The Website may provide hyperlinks to other websites for your convenience. Such links must not be construed to constitute any relationship, affiliation, association or endorsement of the linked third party.
4.2 Use of the linked third party website and information or content set out therein is done at your own risk. The Owner shall not be held responsible, whether directly or indirectly, in any way for the contents, use or inability to use, or access, any linked websites or any links contained in a linked website.
4.3 The prior written authority of the Owner is required before any hyperlink is created. Authority, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. The Owner reserves the right to withdraw permission granted to link to this Website at any time in the entire discretion of the Owner.
5 Electronic Communications
5.1 By using this Website or communicating with the Owner by electronic means you consent and acknowledge that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications shall be “in writing”.
5.2 Section 21-26 (Part 2) of the Electronic Communications and Transactions Act 25 of 2002:
5.2.1 The User agrees to be bound by these Terms and Conditions and the parties agree that such agreement is concluded in Johannesburg (South Africa) at the time the User enters the Website for the first time.
5.2.2 No information or data on the Website shall constitute an offer to do business but is an invitation to do business.
5.2.3 No e-mail communication shall be deemed to have been received by the Owner until a response has been issued by The Owner acknowledging receipt thereof. An automatically generated response from The Owner shall not fulfil this requirement.
5.2.4 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the Owner.
5.2.5 The User agrees and warrants to the Owner that any data messages that are sent from a computer, IP address or mobile device ordinarily used, or owned, by the User, was sent and/or authorised to be sent by the User.
6 Copyright and Intellectual Property Rights
6.1 All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, audio, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of, or are licensed to, the Owner.
6.2 Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by the Owner or any other party.
6.3 The contents of this website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of the Owner. However,
the Owner permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other
works available to you on this website provided that:
6.3.1 the use thereof is for personal, non-commercial and informational purposes only;
6.3.2 you do not modify the content of this material; and
6.3.3 the Website and address is acknowledged source.
7 Security
7.1 Users are prohibited from violating or attempting to violate the security of the Website, including, but without limitation:
7.1.1 accessing data not intended for such User or logging into a server or account which the User is not authorised to access;
7.1.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper consent and/or authorisation;
7.1.3 attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
7.1.4 sending and/or posting unsolicited e-mail, including promotions; advertising content and/or advertising of products or services;
7.1.5 forging any TCP/IP packet header or any part thereof;
7.1.6 deleting or revising any material posted by any other person or entity;
7.1.7 using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
7.2 Any person who in any manner interferes with the data or information displayed on this Website in any way which causes it to be modified, destroyed or otherwise rendered
ineffective or inaccurate or in any manner interferes with any third party’s access to this Website or denies access to the Website, whether partial or absolute , acts contrary to the provisions of the Electronic Communications and Transactions Act 25 of 2002 and is guilty of an offence.
7.3 Any attempt to commit or aid and abet someone in the commission of the offences referred herein is guilty of an offence in terms of the Electronic Communications and Transactions Act 25 of 2002.
8 Exclusion of Liability
8.1 It is a condition of the use of the Website that you expressly agree that use of the Website is entirely at your own risk. The Website contents are provided on an “as is” basis without any warranties of any kind, whether express or implied, to the accuracy of the contents of the Website. Without limiting the generality of this clause, the following warranties are expressly excluded:
8.1.1 compatibility of the Website with your technology, equipment or software;
8.1.2 uninterrupted or error-free functionality of the Website; and
8.1.3 non-infringement of any rights.
8.2 By accessing and browsing this website you accept that no liability will lie against the Owner for any damages caused to you by the malicious interference with the operation of this Website, and/or any destructive data or code that may be communicated to computers or information systems used by you as a result of your access and browsing of the Website.
8.3 The Owner makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the information, material, services, software, text, and graphics set out on the Website. Insofar as the Website contains links to any other internet websites, you acknowledge and agree that the Owner does not have control over any such websites, and shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website.
8.4 Whilst the Owner has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that the Website will operate without interruptions or will be error-free or that any files, downloads or applications available via the Website are free of software viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
8.5 In no event shall the Owner, its employees and/or any third party contributors of material to the Website be liable for any costs, expenses, losses and damages of any nature arising out of or in any way connected with your use of the Website, your inability to use the Website and/or the operational failure of the Website.
8.6 You indemnify the Owner and its directors, employees, officials, agents, suppliers or representatives and keep them fully indemnified from, and against, any loss or damage suffered or liability incurred by your, or in respect of, any third party, which arises from your use of the Website.
8.7 You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this website.
9 GENERAL
9.1 Any costs incurred the User in respect of any advice sought in relation to these Terms and Conditions shall be for their own account.
9.2 Each and every term of the Terms and Conditions must be read as separable from the other Terms and Conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the other Terms and Conditions will remain valid and enforceable, despite any invalidity or unenforceability of an individual term.
9.3 No waiver by either party with respect to a breach of any provision of the Terms and Conditions shall be construed as a waiver of any rights it/he/she may have in terms of this agreement.
9.4 The Website is owned and operated from the Republic of South Africa. These Terms and Conditions and the use of, or inability to use, the Website are accordingly governed by the laws of the Republic of South Africa. You agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
10 Contact Details
10.1 You can contact the Owner at: hello@swiftmomentum.com
