Conditions

These conditions become effective when you access the site for the first time and constitute a binding agreement between us Careers By Design and yourself, which will always prevail. The current version of these conditions will govern our respective rights and obligations each time you access this site.

All information on this site is only intended to provide you with general information about us, our products, services and objectives. Nothing on this site should be treated as an offer but merely as an invitation to do business with us.

All information is provided "as is" and should not be treated as professional or expert advice of any kind. You should consult your own professional advisors before relying on any information on this site.

Your right to privacy and security is very important to us. We, First Technology (Pty) Ltd (the supplier), treat personal information obtained through the use of this website as private and confidential and are committed to providing you with secure access to our online services.

- How we use the personal information we collect

We need to collect personal or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs.

- Use of technology to monitor your use of our website

We gather and analyse information on our visitors' routine use of this website. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value-added service. This information is pooled so individual personal information, behaviour or patterns cannot be identified.

- Cookies

On some parts of our website we use so-called "cookie" technology. Cookie technology consists of small pieces of data or a small text file which is given to your browser by our webserver when you visit our website. This data is stored on your browser. The cookie is sent back to our webserver each time you visit our website. Cookies are not computer programs and do not run on a computer like programs do. They cannot gather information or function on their own. They cannot collect any personal information about you or your machine and cannot gather data or information about what you do on the Internet. Cookies merely enable us to provide a more valuable online experience to you. While you can set up your Internet browser to disable cookie technology, we do not recommend that you do this since some parts of this website and our online services may not function properly, or at all.

- Mail, email or SMS promotions

Provided that you have agreed to this, we may use your personal or other information to send you information on new services or products that may be of interest to you and from time to time will mail, email or SMS information to you about us, our products and services, or our partners and their products or services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.

- Third parties

Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers' personal information to perform such services. Our website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

- When we will disclose personal Information without consent

We will not disclose personal information to anyone outside our business without your permission unless:

• we are compelled to do so by law or in terms of a court order;
• it is in the public interest to do so;

- Storing personal information

Personal information we collect via the website is stored in a secure environment and is not available to any person outside our business.

- Our security practices

We are committed to providing secure online services. As such our Internet servers are protected by firewalls and intrusion detection systems. Access to information on these servers is restricted to authorized personnel only.

We may amend these conditions from time to time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site.

A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.

We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.

All quotes, news, market information or data shown on the site by way of live information feeds are delayed by at least 15 minutes unless otherwise stated. You should always select the "refresh" or similar page update function on your Internet browser to ensure that the information you are viewing is the most current.

This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations.

We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. You are authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

• the material is used for considering use of the online services and for no other commercial purposes;
• any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety.

The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.

Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.

You are required to use and maintain hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer and Netscape browsers. Your failure to use these browsers may result in a higher security risk and/or cause some or all of the functionality of the site not to operate properly or at all.

Software, if any, made available for download on or via our site is governed by licence conditions that establish a legal relationship with the licensor. You indemnify us against any breach of these licence conditions. We give no warranty and make no representation, whether express or implied, as to the quality or fitness for purpose of the use of such software.

NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS SITE ARE FREE OF VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR COMPUTER, DATABASE, NETWORK OR OTHER INFORMATION SYSTEM.

Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion or monitoring. The measures we have taken to limit these risks are outlined in our privacy and security statement. As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result. To limit these risks, we may request independent verification of any information transmitted by you via the site or email from time to time.

We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.

We do not warrant that the site or online services will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy. DISCLAIMER AND LIMITATION OF LIABILITY

ALTHOUGH WE HAVE TAKEN CARE TO ENSURE THAT THE CONTENT ON THIS SITE IS ACCURATE AND THAT YOU SUFFER NO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THIS SITE, THIS SITE AND THE ONLINE SERVICES ARE PROVIDED "AS IS".

USE OF THIS SITE AND THE ONLINE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR THE RISK OR LOSS RESULTING FROM YOUR USE OF THIS SITE AND YOUR RELIANCE ON THE MATERIAL AND INFORMATION CONTAINED ON IT.

WE AND OUR AFFILIATES, SHAREHOLDERS, AGENTS, CONSULTANTS OR EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER RELATING TO YOUR USE OF THIS SITE OR THE ONLINE SERVICES OR THE INFORMATION CONTAINED ON THIS SITE OR YOUR INABILITY TO USE THIS SITE OR THE ONLINE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE AND REGARDLESS OF WHETHER WE WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, WE WILL NOT BE LIABLE FOR:

• ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF THE SITE OR ONLINE SERVICES, OUR SYSTEM, DATABASES OR ANY OF ITS COMPONENTS, FOR WHATEVER REASON;
• ANY LOSS OR DAMAGE ARISING FROM YOUR ORDERS, INVESTMENT DECISIONS, PURCHASES OR DISPOSAL OF GOODS AND SERVICES, INCLUDING FINANCIAL INSTRUMENT(S) OR CURRENCY, FROM THIRD PARTIES, BASED ON THE INFORMATION PROVIDED ON THIS SITE;
• ANY LOSS OR DAMAGE WITH REGARD TO CUSTOMER DATA OR OTHER DATA DIRECTLY OR INDIRECTLY CAUSED BY MALFUNCTION OF OUR SYSTEM, THIRD PARTY SYSTEMS, POWER FAILURES, UNLAWFUL ACCESS TO OR THEFT OF DATA, COMPUTER VIRUSES OR DESTRUCTIVE CODE ON OUR SYSTEM OR THIRD PARTY SYSTEMS; PROGRAMMING DEFECTS; NEGLIGENCE ON OUR PART OR CAUSED BY THE YEAR 2000 COMPUTER PROBLEM;
• ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THIRD PARTY SYSTEMS SUCH AS THE PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS (CURRENTLY TELKOM), INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS (CURRENTLY ESKOM), LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES;
• ANY EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.

Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation.

Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

You hereby warrant to us that you have the required legal capacity to enter into and be bound by contractual terms. Minors must be assisted by their legal guardians when reading these conditions. If you are unsure whether you have the legal capacity to enter into agreements, contact someone able to provide you with this information before you continue using this site.

The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.

The headings of the clauses in the conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

Where any dates or times need to be calculated in terms of the conditions, the international standard time: GMT plus two hours shall be used.

No failure or delay by us to exercise any of our 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 conditions or prejudice our right to take subsequent action against you.

If any of these terms, conditions or provisions are held to be invalid, unlawful or unenforceable; the term, condition or provision will be deleted from the remaining terms, conditions and provisions which will continue to be valid to the full extent permitted by law.