term “site” refers to the ADvTECH website, portal, mobisite or any
other such application as may be available in the future and, if
inferred from the context, may also include any other website or part
thereof, accessed through a link to our website or portal and shall
include, but is not limited to, social media websites such as Facebook,
LinkedIn, Twitter or any such site.
The terms “we”, “us” or “our” refer to ADvTECH.
The term “you” refers to the user or viewer of the ADvTECH site.
accepting these terms and conditions and by using the site, you
indicate that you accept these terms and that you agree to abide by
them. If you do not accept these terms, please leave the site
2.2 Use of the site is also subject to any additional application forms, policies or guidelines posted from time to time.
does not make any representation regarding any other websites which may
be linked to or accessed through this site and accordingly accepts no
responsibility for the content or use of such websites or information
contained therein. ADvTECH shall not be liable to any party for any form
of loss or damage incurred as a result of any use of or reliance on any
information contained on such website or any websites which can be
accessed through this website.
2.4 This site is supplied on an “as
is” basis and has not been compiled or supplied with the intention of
meeting your individual requirements. It is your sole responsibility, as
user, to satisfy yourself, prior to making use of this site, that the
service available from and through this site will meet your individual
requirements and be compatible with your hardware and/or software.
3. AGE RESTRICTIONS
3.1 The site is not available for any person under the age of 18 without your parents/guardian’s consent.
you are under 18 years old, your parent or guardian is required to
consent to your use of this site and shall be required to accept these
terms on your behalf.
3.3 Accordingly, ADvTECH is indemnified from
any and all liability in this regard, including any liability arising as
a result of your failure, or someone acting on your behalf, to provide
accurate information in this regard when required to do so through the
use of this site.
3.4 The site is not available for any person under the age of 18 without your parents/guardian’s consent.
you are under 18 years old, your parent or guardian is required to
consent to your use of this site and shall be required to accept these
terms on your behalf. We will ask your parent or guardian to confirm
you have permission to apply and we may ask you to provide an email
address, residential address and telephone number for your parent or
3.6 Accordingly, ADvTECH is indemnified from any and all
liability in this regard, including any liability arising as a result of
your failure, or someone acting on your behalf, to provide accurate
information in this regard when required to do so through the use of
4.1 Subject to the provisions of
sections 43(5) and 43(6) of the Electronic Communications and
Transactions Act, we shall not be liable for any damage, loss or
liability of whatsoever nature arising from the use or inability to use
this site or the services or content provided from and through this
site, or third party website accessed through this site. Furthermore,
we make no representations or warranties, implied or otherwise, that,
amongst others, the content and technology available from this site is
free from errors or omissions or that the service will be uninterrupted
and error free.
4.2 ADvTECH, or any other party (whether or not
involved in creating, producing, maintaining or delivering the site or
the portal), and any of ADvTECH group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all
liability and responsibility for any amount or kind of loss or damage
that may result to you or a third party (including without limitation,
any direct, indirect, punitive or consequential loss or damages, or any
loss of income, profits, goodwill, data, contracts, use of money, or
loss or damages arising from or connected in any way to business
interruption, and whether in delict (including without limitation
negligence), contract or otherwise) in connection with the site
(including the User-Generated Content) in any way or in connection with
the use, inability to use or the results of use of the site (including
the User-Generated Content), any sites linked to the site or the
material on such sites, including but not limited to loss or damage due
to viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing the
site (including the User-Generated Content) or your downloading of any
material from the Site (including the User-Generated Content) or any
sites linked to the site.
4.3 You agree to keep ADvTECH and its
associates fully indemnified against any actual or contingent
liabilities incurred in relation to any actions or claims brought by any
person against ADvTECH as a result of an actual or alleged breach by
you of any law, or such other actions or claims brought in relation to
the provision of services by ADvTECH to you.
5. SERVICE ACCESS
endeavours to ensure that the site is normally available 24 hours a
day. Access to the site may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or for reasons
beyond ADvTECH’s control. ADvTECH shall not be liable if for any reason
the site is unavailable at any time or for any period.
6. INFORMATION ON THIS SITE
ideas and opinions expressed on this site should not be regarded as
professional advice or the official opinion of ADvTECH. Users must seek
advice prior to taking any action based on the contents of this site.
has not determined that the site content is suitable for any particular
purpose and/or for a particular user whatsoever, other than as a
general reference, and has not necessarily disclosed all risks relating
to the site content or its subject matter. You should not rely on the
site content for professional advice (including, but not limited to
business, financial, investment, trading, or other advice) or as a basis
for any investment, transactional or similar decisions you make or
which are made on your behalf without first consulting with your
preferred professional or business advisors (who may include your
attorney, tax, accounting and investment advisors).No information or
data on this site is an offer to do business (which upon acceptance by
yourself will constitute a contract), but is merely an invitation to do
business. No agreements shall be concluded merely by sending a data
message to this site or its owners. Valid agreements require an
acknowledgement of receipt of an offer, duly received from us. This is
subject to the provisions in section 11 of the Electronic Communications
and Transactions Act.
7. USER-GENERATED CONTENT AND CONDUCT
7.1 Any use of User-Generated Content by users other than for private, non-commercial research or study is strictly prohibited.
are prohibited from posting or transmitting to or from the site,
including ADvTECH’s Facebook, Twitter, LinkedIn, Google+ and other
social networking media, any material:
7.2.1 that is threatening,
defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or inconvenience; or
7.2.2 for which you have not obtained all necessary licences and/or approvals; or
constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in any country in the
7.2.4 which is technically harmful (including (but not
limited to) computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data
(together “Inappropriate User-Generated Content”).
7.3 ADvTECH shall
fully co-operate with any law enforcement authorities or court order
requesting or directing ADvTECH to disclose or identify or locate anyone
posting any Inappropriate User-Generated Content.
accepts no responsibility for actively monitoring any forums, such as,
but not limited to Facebook, Twitter, LinkedIn and any such other forums
as may come into existence, contained in the site for Inappropriate
User-Generated Content. You agree that ADvTECH accepts no liability
whatsoever if we so choose from time to time to edit, restrict or remove
the User-Generated Content.
User access to any
self – service portals hosted/accessed by ADvTECH facilities is subject
to the following terms and conditions.
8.1 Education Related Portals
access to this website by registered students, candidates, parents,
lecturers and teachers shall be governed by the ADVTECH’s Student Portal
8.2 Portals in Resourcing
8.2.1. The job
posting, CV database and other features of the sites may be used only by
individuals seeking employment and/or career information and by
employers seeking employees. In addition, the site may be used by you
for permitted professional and personal networking purposes. Your use of
the services is also subject to any other contracts you may have with
ADvTECH. In the case of any conflict between these terms and any
contract you have with ADvTECH, the terms of your contract will prevail.
The term “post” as used herein shall mean information that you submit,
publish or display on the site
8.2.2. All ADvTECH services that facilitate applications for employment are free of charge.
indemnify ADvTECH against all claims, actions, suits, liabilities,
costs and expenses incurred on any account as a result of the listing or
intended listing of any CV by you on this site, or any related site.
to the candidate CV database is available only to ADvTECH’s clients who
have been approved for CV search capabilities and whom ADvTECH has
issued with privileged access codes to search this database. Clients
may access the candidate CV database solely for the purpose of
identifying candidates whose work preferences for location, category,
industry and occupation match the clients‘ current vacancy
advertisements with ADvTECH. While ADvTECH will make every effort to
ensure that its clients adhere to this undertaking, you indemnify
ADvTECH against wrongful conduct, of any kind, by ADvTECH’s clients.
ADvTECH will implement precautionary measures to ensure that its site
is free from viruses, ADvTECH cannot and does not guarantee or warrant
that files available for downloading through the site or delivered via
electronic mail through the site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
protective software on your system that will satisfy your particular
data security requirements and for maintaining a means external to your
workstation for the reconstruction of any lost data.
8.2.6. You agree
to take precautionary measures to ensure that your CV on ADvTECH is
free from viruses or other destructive code.
8.2.7. You agree to
present yourself truthfully in your CV on our site. You are prohibited
from posting any CV for any job on behalf of another party.
makes every effort to deliver applications to vacancies in the shortest
possible time. You will however not hold us liable for any loss or
damage as a result of any failure or delay in the delivery of an
application for employment.
8.2.9. You are prohibited from sharing
any login credentials to our site with a third party. You are
responsible for maintaining the confidentiality of your account, profile
and passwords, as applicable. You may not share your password or other
account access information with any other party, temporarily or
permanently, and you shall be responsible for all uses of your
registrations and passwords, whether or not authorized by you. You agree
to immediately notify ADvTECH of any unauthorized use of your account,
profile, or passwords.
9. PURCHASES FROM THE WEBSITE
All purchases made through the website or student portal shall be subject to the following terms and conditions:
on the site that describe how to place your order and for making
changes to your prospective order before you submit it must be followed.
you submit an order, you agree that you do so subject to these purchase
terms current at the date you submit your order.
9.3. You are responsible for reviewing the latest purchase terms.
order remains valid as an offer until we issue our Order Confirmation
or, when we receive your notice revoking/cancelling your order if
9.5. A contract is formed and we will be legally bound to supply the product to you when we accept your order.
acceptance of your order, we reserve the right to refuse to process
your order and you reserve the right to cancel your order.
we or you have cancelled your order before we have accepted it, then we
will refund any payment already made by you or your credit or cheque
9.8. If you discover that you have made a mistake with your order after having submitted it, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
9.9. Only information which is accurate, not misleading and up to date must be submitted and you must inform us of changes.
price of each product is displayed with the product listing. In the
event of a sale or special offer, the discounted price is displayed.
displayed price will include all charges (VAT and delivery costs) and
will reflect in South African Rands unless otherwise stipulated.
will endeavour to ensure that the price displayed is accurate. The
price of your order will need to be validated by us as part of our
acceptance. If the price for the order changes before we accept your
order, we will contact you and ask you to confirm that you wish to
proceed at the amended price.
9.13. Delivery costs will differ
depending on a variety of factors, including product type, price, and
weight, as well as whether delivery is to be made within, or outside,
the borders of South Africa.
9.14. We will make all reasonable
efforts to accurately indicate prices and delivery charges. However,
should products be erroneously offered at incorrect prices and/or
delivery charges, we will not be obliged to sell products at such
incorrect prices and/or delivery charges, but will refund monies paid by
you should you not wish to proceed with the purchase at the correct
price and/or delivery charge.
9.15. If fraud is suspected, we reserve the right to refuse to accept or process payment on any order, and to cancel the order.
further reserve the right to cancel the sale if the product is not
available for any reason. We will notify you if this is the case and
return any payment that you have made.
9.17. We accept no liability
which may arise as a result of our refusal to process any order or for
the cancellation of an order.
9.18. We will usually refund money received using the same method originally used by you to pay for the product.
full record of every sale and related transaction between you and
ADVTECH will be maintained on the portal for a period of 12 months
following the date of sale or related transaction. You will only be able
to view and print this record during the 12 month period, whereafter
you will be responsible for retaining your own record of the sale or
9.20. These terms are subject to the provisions
of the Electronic Communications and Transactions Act no. 25 of 2002
(the Act”) and any of the terms that are in conflict with any of the
compulsory provisions of the Act will be deemed to have been modified so
as to comply with the Act.
10. INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
site contains information which is owned by or is licensed to us,
including but not limited to text, design, layout, graphics,
organization, magnetic translation, digital conversion and other
information related to the site. This information is protected under
applicable intellectual property laws and reproduction, distribution,
publication or any other use, either in whole or in part, other than in
accordance with the next paragraph is strictly prohibited. You are
granted a non-exclusive, non-transferable, revocable license to:
10.1.1 access and use this site strictly in accordance with these terms;
10.1.2 to use this site solely for personal, non-commercial and lawful purposes;
download, copy, print screen, use, save or print out information from
the site solely for personal, non-commercial purposes, provided that all
copyright and other intellectual property notices therein are
11 INTERACTIVE ONLINE FORUMS
11.1 The access
and use of any chat-room, newsgroup, bulletin board, mailing list,
transaction or other online forum available on this site, shall be
governed by the guidelines for Online Conduct (see section 14 below) in
these Terms and Conditions.
12 LINKS TO AND FROM OTHER SITES
12.1 You may not create a link to this site from a third party site or document without our prior written consent.
to third party websites on the site are provided solely for your
convenience. If you use these links, you leave the site. We have not
reviewed all of these third party websites and do not control and is not
responsible for these websites or their content or availability. We
therefore do not endorse or make any representations about them, or any
material found there, or any results that may be obtained from using
them. If you decide to access any of the third party websites linked to
the site, you do so entirely at your own risk.
12.3 If you would
like to link to the site and have our permission to do so, you may only
do so on the basis that you link to, but do not replicate, any page of
the site, and subject to the following conditions:
12.3.1 you do not remove, distort or otherwise alter the size or appearance of ADvTECH logo or any of its related subsidiaries;
12.3.2 you do not in any way imply that we are endorsing any products or services other than our own;
12.3.3 you do not misrepresent your relationship with us nor present any other false information about ADvTECH;
12.3.4 you do not otherwise use ADvTECH mark displayed on the site without express written permission from us;
12.3.5 you do not link from a site that you do not have the necessary authority or permission to link from; and
site you are linking from does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights
or other rights of ADvTECH or any other person or otherwise does not
comply with all applicable laws and regulations.
12.4 We expressly
reserve the right to revoke the right granted in clause 12.3 for breach
of these terms and to take any action we deem appropriate.
shall fully indemnify us for any loss or damage suffered by ADvTECH or
any of its group companies for breach of clause 12.3.
13 VARIATION OF TERMS
reserve the right to modify these terms or information set out in the
site at any time and will publish notice of any such modifications
online. By continuing to access our site after notice of such
modifications has been published, you agree to comply with and be bound
14 GUIDELINES FOR ONLINE CONDUCT
14.1 You agree to use the site in accordance with all applicable laws.
respect the constitutional right to freedom of speech and encourage
robust intellectual debate. Your right to free speech is subject to the
provisions of the Constitution.
14.3 You agree not to post any
advertising or any form of commercial solicitation, including, but not
limited to, spamming anywhere on the site.
14.4 You agree not to post any content that contains viruses or other harmful items anywhere on the site.
reserve the right to remove content, block access or take other action
which we deem appropriate in the circumstances against any content which
violates the above rules and guidelines.
14.6 If a third party
claims that any material you have contributed to a site is unlawful, you
will bear the burden of establishing that the material complies with
all applicable laws.
14.7 You agree that you will not access or
attempt to access any other user’s account, or misrepresent or attempt
to misrepresent your identity while using the sites.
14.8 You agree that you will not restrict or inhibit any other user from using and enjoying the sites.
agree that you are responsible for maintaining the confidentiality of
your account and password, if any, and for restricting access to your
computer, and agree to accept responsibility for all activities that
occur under your account or password.
14.10 We respect the
intellectual property of others. If you believe your copyright has been
violated on a site hosted by us, please give notice at: firstname.lastname@example.org.
We will, upon receipt of such notice and confirmation that such
copyright has been violated, use all reasonable means to remove the
infringing content and inform the person that posted it of such removal
and the reason therefor.
15 APPLICABLE AND GOVERNING LAW
site is hosted, controlled and operated from the Republic of South
Africa, and South African Law governs the use or inability to use this
site and these terms and conditions of use. South African courts have
jurisdiction in the event of a dispute of any nature whatsoever arising
16 CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
The ADVTECH LTD may be visited or contacted at the following addresses:
PO Box 2369
Telephone: +27 11 676 8000
Fax: +27 11 783 2640
Email address: email@example.com
terms of Section 75 of the Electronic Communications and Transactions
Act (“the Act”) ADvTECH has designated the Internet Service Providers’
Association (ISPA) as an agent to receive notifications of infringements
as defined in Section 77 of the Act.
Details for ISPA:
Tel: 010 500 1200
PO Box 518
Click here for the ISPA code of conduct
Click here for printable document