BPeSA Skills Portal Terms of Use

Introduction

Welcome to the BPeSA Skills Portal. By accessing the BPeSA Skills Portal you are agreeing to the terms stipulated below. The BPeSA Skills Portal is provided to you by BPeSA Western Cape, 34 Bree Street, Cape Town, 8001. These Terms of Use constitute a legally binding agreement between you and BPeSA and WC are effective as of 1 December 2013 for users. You accept these Terms of Use by clicking the "Create Account" button when registering on the BPeSA Skills Portal and by otherwise accessing or using the BPeSA Skills Portal services, applications and tools.

Using the BPeSA Skills Portal

As a condition of your use of the BPeSA Skills Portal (including BPeSA Western Cape’s related websites, services, applications and tools) you agree that you will not:

  • violate any laws
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm the BPeSA Skills Portal or the interests or property of the BPeSA Skills Portal users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of the BPeSA Skills Portal;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access the BPeSA Skills Portal and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the BPeSA Skills Portal site, services, applications or tools or BPeSA Skills Portal's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to the BPeSA Skills Portal;

You are solely responsible for all information that you submit to the BPeSA Skills Portal and any consequences that may result from your post engagement. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the BPeSA Skills Portal either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the BPeSA Skills Portal website, we may, at our discretion, inform other BPeSA Skills Portal users that have been in contact with you and recommend that they exercise caution.

Abusing BPeSA Skills Portal

BPeSA Skills Portal and the BPeSA Western Cape work together to keep the BPeSA Skills Portal website, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the BPeSA Skills Portal if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the BPeSA Skills Portal employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off the BPeSA Skills Portal or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on BPeSA Skills Portal or use of BPeSA Skills Portal by users.

Fees and Services

Using BPeSA Skills Portal is generally free, but we sometimes charge a fee for certain related services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time. Our fees are quoted in Rands, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the BPeSA Skills Portal website. You are responsible for paying the BPeSA Skills Portal fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content

The BPeSA Skills Portal contains content from us, you, and other users. The BPeSA Skills Portal is protected by copyright laws and international treaties. Content displayed on or via the BPeSA Skills Portal is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from BPeSA Skills Portal without our expressed written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the BPeSA Skills Portal. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of BPeSA Skills Portal (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark. A large number of services of all sorts are offered on the BPeSA Skills Portal by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by the BPeSA Skills Portal.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation resulting from our negligence or the negligence of our employees. You agree not to hold us responsible for things other users post or do. We do not review users' postings and are not involved in the actual transactions between users. As most of the content on the BPeSA Skills Portal comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or those defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Release

If you have a dispute with one or more of the BPeSA Skills Portal users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using the BPeSA Skills Portal, you agree to the collection, transfer, storage and use of your personal information by BPeSA Skills Portal hosted on external servers. You also agree to receive marketing communications from us unless you tell us that you prefer not to receive such communications.

Resolution of disputes

If a dispute arises between you and other users of the BPeSA Skills Portal, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on BPeSA Skills Portal constitute the entire agreement between BPeSA Skills Portal and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You agree that any claim or dispute you may have against BPeSA Skills Portal must be resolved by the courts of South Africa. You and the BPeSA Skills Portal both agree to submit to the exclusive jurisdiction of the South African Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the BPeSA Skills Portal website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.