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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.

These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Enabler for products, services or otherwise.

General provisions

No failure or delay by Enabler to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.

Privacy Statement

Enabler believes strongly in protecting user privacy. Users of this Site should refer to our Privacy Statement for information about how Enabler uses and collects information.

Copyright

All Web site materials, including, without limitation, the Enabler logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright the Enabler. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Enabler or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial and informational use only, provided that you may not, without the permission of Enabler or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

Enabler , the Enabler logo and the products and services described in this Site are either trademarks or registered trademarks of Enabler and its suppliers and licensors or Advertisers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Enabler. In addition, all page headers, custom graphics, button icons and scripts are service marks and trademarks of Enabler, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Enabler. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Licenses and Site Access

Enabler grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Enabler or any third party.

You may not use, frame or utilize framing techniques to enclose any Enabler trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Enabler's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Enabler name, trademark or product name without Enabler's express written consent.

Linking

Enabler makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Enabler and Enabler is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Enabler is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Enabler of the site or any information contained therein. When leaving the Enabler site, you should be aware that Enabler's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Third party Information

Enabler may use the services of other third party organisations to provide information on this site. Enabler has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. Enabler will not be directly or indirectly liable for any damages that may arise from the user's reliance on it.

User Conduct

In using this Site, you agree:

  • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
  • Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
  • Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  • Not to use or attempt to use another's account, service or system without authorization from Enabler, or create or use a false identity on this Site;
  • Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  • Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
  • Users may not use the website in such a way that is in violation of any applicable law or regulation;
  • Users are prohibited from violating or attempting to violate the security of Enabler. Violations of system or network security may result in civil or criminal liability. Enabler will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, national and international laws and regulations.

This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or would otherwise create liability or violate any local, state, national or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Without Enabler's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Enabler takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enabler reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Enabler and its affiliates and parties with whom Enabler has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

Copyright Policy

It is Enabler's policy to respect the copyright and intellectual property rights of others. Enabler may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Enabler may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

Indemnification

You shall remain solely liable for the Content of any messages or other information you upload or transmit to Enabler, including any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Enabler from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Enabler, or postings on this Site, are nonconfidential and shall become the sole property of Enabler. Enabler shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Enabler, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT ENABLER IS NOT TO BE CONSIDERED TO BE A RECRUITER AND/OR EMPLOYER WITH RESPECT TO THE USE OF THE WEBSITE AND SHALL NOT BE RESPONSIBLE FOR ANY USER ENTERING INTO ANY AGREEMENTS OR MAKING DECISIONS OF WHATEVER NATURE RESULTING FROM THE POSTING OF JOBS, RESUMES AND/OR ANY OTHER INFORMATION OBTAINED ON THE WEBSITE.

YOU FURTHER UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENABLER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY ENABLER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT ENABLER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ENABLER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

ENABLER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ENABLER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY ENABLER VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES ENABLER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ENABLER OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

ENABLER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ENABLER, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

ENABLER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND ENABLER DISCLAIMS ANY LIABLE TO THE USER IN THIS REGARD.

Limitation on Liability

ENABLER HAS TAKEN REASONABLE STEPS AS FAR IS POSSIBLE, TO ENSURE THE ACCURACY AND COMPLETENESS OF THE CONTENT SHOWN ON THIS SITE, TO ENSURE THAT THE USER DOESN'T SUFFER ANY LOSS OR DAMAGES AS A RESULT OF THE USE OF THIS SITE.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL ENABLER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ENABLER.CO.ZA OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE ENABLER OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ENABLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Application for any of the products or services offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.

Termination

Notwithstanding any of these terms and conditions, Enabler reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

User's Liability to Enabler

When using Enabler's Personnel Agency Serivce to recruit a candidate and a successful placement takes place, the Employer is liable to pay 10% of the first year's annual basic salaray package to Enabler for facilitating a successful placement.

The registration fee for both Jobseekers and Employers may be reviewed annually.

In the event that Enabler takes action against you for breach of these terms of use, you agree to reimburse Enabler for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.

Recruitement Agencies

Recruitement Agencies may register as an Employer at the prescribed fee. They must however sign an undertaking to pay a percentage of their placement fee to Enabler should they place an Enabler Candidate successfully.

The terms "The user" and "You"

The terms "The user" and "You" are used interchangeable and refer to all individuals and/or entities accessing this web site for any reason.


This Terms of use was most recently updated on 18 September 2008.



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