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Adv. Chris LandsbergAdv. Ernst RichterJohann ScheepersPiet DelportGerhard StoltzHarry van der Merwe

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INDEMNITY AND TERMS OF SERVICE
Introduction
WELCOME TO HRFocus, South Africa’s premier HR and IR portal! The following are the terms and conditions for use of this HRFocus service (the “Service”). This Service is provided to business entities and their employees, IR Managers, HR Managers, Unions and their officials, Employers Organisations and their officials, Skills Development Managers and Employees, Employment Equity Managers and Employees, Black Economic Empowerment Facilitators, managers and related Employees, Occupational Health And Safety managers, officials, facilitators and employees, Law Firms and related consultancies and/or any entity of person interested in the subject matters noted and mentioned in the site. By using our Site in any way you are agreeing to comply with and be bound by the following Terms of Service (“TOS”). You must be at least 18 years old and competent to enter into a contract to use this Service. Please review the terms carefully. By joining our service, you will be able to access your records from anywhere and anytime (as long as you have all the necessary equipment and services for Internet access). HRFocus also offers you a host of other news and information services.
Definitions
In the terms and conditions that follow, the terms “user,” “you” and “your” refer to the individual and organization that create an HRFocus account and the terms “HRFocus” “we,” “us” and “our” will refer to Bitline SA 753 CC, Reg. No. 2002/006674/23, provider and owner of the hrfocus website and URL being https://hrfocus.co.za . “Terms of Service” or “TOS” refer to the terms contained in this Agreement.
Acceptance
Your acceptance of these terms is signified by clicking the “Continue” button and then completing the on-line enrollment process. By doing so, you agree to be bound by all of the terms and conditions contained in these terms of service. You have the right to have a record of this Terms of Service and any other Agreement you enter into with HRFocus made available on paper form upon request for no additional fee. Simply submit your request to: HRFocus Customer Service Department, PO Box 244, Hekpoort, 1790.
Right of Modification
HRFocus reserves the right to change, revise or modify the Terms of Service at any time. HRFocus will provide you notice of any such changes via an email to your designated HRFocus administrator at the email address entered by you. Your continued use of the Service will signify your acceptance of the revised TOS. If you do not accept the revised TOS, your sole and exclusive remedy is to discontinue using the Service. The latest Terms of Service will be posted on the Site, and you should always review the Terms of Service prior to using the Site. It will be your sole responsibility to contact HRFocus to cancel services.
Member Accounts and Conduct
As a “user,” you represent that you are authorized to create and access an account established on behalf of the business entity indicated in the registration process.
Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password. You agree to immediately notify HRFocus of any unauthorized use of your password or account.
You are solely responsible for inputting, maintaining and managing accurate information in your HRFocus account. You are also solely responsible for all activities that occur under your HRFocus account including acts related to any pension, healthcare, profit sharing, or any violation of any provision any relevant Act.
You agree not to use our service in any manner that is illegal, competitive with HRFocus, or infringing on the rights of others. You may not resell or make any commercial use of our system without our prior written consent.
You acknowledge and agree that Bitline SA 753 CC, Reg. No. 2002/006674/23 owns the rights to its website HRFocus.co.za with URL: https://hrfocus.co.za and all content displayed on the site except where content refers to legislation and/or news items reposed with acknowledgement to the author thereof.
You agree to use HRFocus only for lawful purposes. Transmission of any material in violation of any international, state or local regulation is prohibited and will result in termination of services provided by HRFocus as well as possible legal action.
You acknowledge that HRFocus does not own or control any of the telecommunication lines or computer resources used by any user to access HRFocus.
Users agree to comply with all current HRFocus’s billing procedures, including providing and maintaining accurate and lawful billing information for active HRFocus accounts. Furthermore, you agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used through the Service.
By way of example, and not as a limitation, you agree not to:
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
Interfere with another member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
EXCLUSION OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, HRFocus’S SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HRFocus BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF BUSINESS, LOSS PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE. HRFocus DOES NOT REPRESENT OR WARRANT THAT THE SERVICE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HRFocus DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL HRFocus BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM A THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY HRFocus AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall HRFocus be liable for any direct, indirect, incidental, special or consequential damages of any kind that may result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that HRFocus is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of HRFocus’s terms and conditions, your sole and exclusive remedy is to discontinue using HRFocus.
THE MATERIALS AND CONTENT PROVIDED BY HRFocus AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL ADVICE. ANY OPINION AND OR ADVICE OBTAINED THROUGH THE “ASK AND EXPERT FUNCTION CAN NEVER BE 100% ACCURATE AS IT IS NOTED BY THE USER THAT IT IS NOT REASONABLY POSSIBLE FOR ANY SUCH EXPERT TO FULLY COMPREHEND THE SITUATION OF THE USED WITHOUT HAVING CONSULTED COMPREHENSIBLY. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Web site subscribers and Internet readers should not act upon information provided in the Site without seeking professional counsel. The legal compliance information contained in the Site is provided only as general information, which may or may not reflect the most current legal developments. This information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN CERTAIN JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES SECTIONS MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, HRFocus’ MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PRICE YOU PAY FOR ANY GOODS OR SERVICES.
Indemnification
You agree to indemnify and hold HRFocus, Bitline SA 753 CC, Reg. No. 2002/006674/23, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees and or listed experts harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Termination of Service
If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent by the HRFocus administrator of your organization via e-mail to admin@hrfocus.co.za. Cancellation notices received by the 20th day of the month will be effective on the last calendar day of that month. Notices received after the 20th day of the month will be effective on the last day of the subsequent month and are subject to the applicable service fee for the final month of service.
We reserve the right to terminate your service at any time without cause or notice. Terminated accounts may be subject to a reactivation fee equivalent to the monthly service fee at the time of termination.
HRFocus may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by HRFocus. The amount of time that HRFocus currently views as an “extended” period of time is a first log-on 30 days or later after registration and after an initial log-on, 180 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. HRFocus shall have no obligation to maintain any content in your account.
Regardless of which party initiates the termination, it is your responsibility to inform your employees and service providers of changes to your record-keeping and human resources administrative process. It is the user’s sole responsibility to ensure necessary data and documentation is preserved and forwarded to appropriate parties in the event of service interruption or termination.
Termination does not affect your liability or obligations under this Agreement.
Non-Endorsement of Partner, Affiliate or Other Listed Entity or Service
HRFocus has endeavored to offer to its users products and services offered by non-HRFocus’s entities. These entities may maintain affiliate, partner, advertising or other relationships to HRFocus. Placement of information, logos, links or names of affiliates, partners or others on HRFocus or the HRFocus’ site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold HRFocus harmless from any liability arising from such actions.
Proprietary Rights of Content
You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by HRFocus, or HRFocus’s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Copyright Agent Information
HRFocus reserves the right to remove any Content on the Site which allegedly infringes another person’s copyright. Notices to HRFocus regarding any alleged copyright infringement on the Site should be directed to HRFocus’ Legal Department PO Box 244, Hekpoort, 1790 by registered mail with proof of service as well as a copy of all content sent to admin@hrfocus.co.za
Trademark Information
HRFocus and/or other HRFocus products and services referenced herein are either trademarks or registered trademarks of HRFocus or Bitline SA 753 CC, Reg. No. 2002/006674/23. Other product and company names mentioned within the Site may be trademarks of their respective owners. Without HRFocus’s written prior permission, you agree not to display, copy, redistribute or use in any manner, the “HRFocus” trademark. You may request permission for trademark use to HRFocus’s Legal Department at PO Box 244, Hekpoort, 1790.
Privacy and Confidentiality of Data
HRFocus has adopted and published privacy standards applicable to all data entered into HRFocus. At all times HRFocus will make its best efforts to protect and preserve the privacy and confidentiality of user information.
It is HRFocus’ policy to respect the privacy of its members. HRFocus will not edit, or disclose any personal information about you or your HRFocus account, including its contents, without your prior permission unless HRFocus has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of HRFocus; (3) enforce the TOS; or (4) act to protect the interests of its members or others. HRFocus does provide certain user information in aggregate form to third parties, including its advertisers, for demographics.
Users should exercise reasonable caution and take appropriate measures to protect the confidentiality of data from being compromised at the time of entry, viewing, reporting or forwarding.
When you enter into transactions with or provide information to other companies or third parties providing services or content to the Site, you will be subject to their privacy policies.
Changes in Fees
HRFocus reserves the right to change the fees at anytime with notice to you. Notice may be accomplished via electronic notification directed to the HRFocus administrator of record at that time or via posting on our website.
HRFocus maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at HRFocus’ sole discretion, to certain defined and limited users or non-users.
Disputes, Assignment, and Governing Law
This Agreement is the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any HRFocus’s employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
You and HRFocus agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You may not assign this Agreement to any other party.
HRFocus shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of HRFocus in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.
This Agreement shall be governed by, and construed in accordance with applicable international law and with the laws of the Republic of South Africa, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the Republic of South Africa, and agrees that venue for any action resulting from this Agreement or the use of our services shall be magisterial district of Pretoria and waives any and all jurisdictional, venue or inconvenient forum objections.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
Privacy Policy & Security
Terms of Service
(c) Copyright 2015 Bitline SA 753 CC, Reg. No. 2002/006674/23