Welcome to our website www.salesguru.co.za (the “Site”). Please read these terms and conditions carefully as your use of the Site is an acknowledgement of these term and conditions.
1. ABOUT US
This Site is owned and operated by Sales Guru Publishing (Pty) Ltd (Reg. No. 2006/008480/07) t/a SALESGURU. By accessing, using or making purchases through this Site, you agree to the terms and conditions set out below. You agree that you have read and understood these terms and conditions and that same shall be legally binding upon you.
3. RULES REGARDING INFORMATION AND OTHER CONTENT
3.1. When you use the Site and Services, you obtain access to various kinds of information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you agree not to post or use any Content in any manner that:
3.1.1. infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
3.1.2. violates the privacy, publicity, or other rights of third parties,
3.1.3. is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by SALESGURU in its sole discretion;
3.1.4. may give rise to claim against SALESGURU; or
3.1.5. is false or inaccurate.
3.2. You may download and print Content from our Site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans or other contaminating codes.
3.3. You will not reproduce, distribute, modify or re-post our Content on another site, frame or mirror our site or link to our Site without our prior written consent.
3.4. Though we strive to enforce these rules with all of our users, including career seekers and our other customers, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
3.5. You agree only to use the Site for lawful purposes and in a way which does not restrict or inhibit anyone’s use and enjoyment of the Site.
3.6. If you don’t comply with any of the terms and conditions set out herein, we may deny you access to our Site.
4. OPTIONAL SERVICES
We may make certain products and services available to visitors and registrants of the Site. If you decide to purchase any of these products or services, you agree to pay in full the prices shown at the time of purchase. You agree to make purchases using the payment method transaction selected or available as agreed upon by SALESGURU. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
Subject to early and/or immediate termination of our relationship in accordance with any of the other provisions of this Agreement, either Party may terminate this relationship by giving the other party 60 (sixty) days written notice of such termination. Upon termination of this relationship for any reason whatsoever, your details shall be removed from the Site and your future access to the Site denied.
6. GENERAL TERMS OF SERVICE
It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:
6.1. Conduct or promote any illegal activities while using the Site or Services;
6.2. Upload, distribute or print anything that may be harmful to minors;
6.3. Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
6.4. Attempt to gain access to secured portions of the Site to which you do not possess access rights;
6.5. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
6.6. Use the Site or Services to generate unsolicited email advertisements or spam;
6.7. Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
6.8. Impersonate another user.
7. NON-CONFIDENTIALITY AND SECURITY
SALESGURU will use reasonable efforts to maintain the security and integrity of information you provide to us. However, you acknowledge and agree that SALESGURU cannot fully eliminate security risks and cannot guarantee that unauthorized access to your information will never occur. If you provide us with any credit card information for payment services though any of our e-commerce offerings, we store such information in an encrypted manner.
8. PASSWORD SECURITY
9. ACCESS TO WEBSITE
9.1. We try to update our Site regularly, so we may have to suspend access, service or functionality on this Site, from time to time, without notice. If required, we may have to close our Site indefinitely. We will not be liable if, for any reason, our Site is unavailable at any time or for any period of time.
9.2. As information or data transmitted to or from our Site pass over public telecommunications networks, we can’t promise that the operation of our Site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of our Site including tampering with, or hacking into, the site or the servers on which it resides.
9.3. We may at our sole discretion immediately suspend or terminate your right to use our Site without any warning if we consider that you have contravened any of these terms and conditions. This is without prejudice to any other rights or remedies that we may have against you.
This Agreement will automatically terminate, without notice or liability, in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site, and you agree to promptly pay any outstanding fees owed under this Agreement.
11. LIMITATIONS OF LIABILITY
11.1. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL SALESGURU CAREERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL SALESGURU CAREERS BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CAREER SEEKER
11.2. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SALESGURU CAREERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF SALESGURU CAREERS TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you or your authorised users, or in connection with the use of the Site, the Services or the Internet or the placement or transmission of any message or information on this Site by you or your authorised users.
13. INTELLECTUAL PROPERTY ISSUES
13.1. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement. “SALESGURU”, the “SALESGURU” logo and “SALESGURU Careers” are our trademarks. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
13.2. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services.
14. ELECTRONIC COMMUNICATIONS
The communications between you and SALESGURU uses electronic means, whether you visit the Site or send us emails, or whether SALESGURU posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SALESGURU in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SALESGURU provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.
15. CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
1st July 2010
16. FURTHER GENERAL TERMS
You and we are independent contracts, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. This Agreement will be governed by the Labour Law of South Africa. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of this Agreement.
17. OUR PRIVACY PLEDGE
17.1. Here at SALESGURU we know that your confidentiality and privacy is serious business and we recognize your need to control the personally identifiable information that you share with us. That is why protecting your contact information is a vital part of our mission. We are people just like you and you can trust that we will treat your confidentiality and privacy the way we would want other websites to treat our confidentiality and privacy.
17.2. We guarantee that:
17.2.1. We will never sell, trade, or disclose your confidential information unless we have your permission or are required to do so by law.
17.2.2. Street addresses, phone numbers, e-mail addresses or any other contact information you supply will not be collected for the purposes of reselling to a third party.
17.2.3. You alone will control how any personally identifiable information will be disseminated to potential employers.
17.2.4. We will only use your information to better understand your needs and provide you with better service.
17.2.5. You have continuous access to your personal information, and may modify or delete it at any time.
17.3. SALESGURU is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information (but at times subject to Clause 7), we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure your information.
17.5. If you have questions or concerns about our commitment to your confidentially and privacy, please contact us at: firstname.lastname@example.org
18. RETURN POLICY – Guarantee
Should any product be purchased from the Site – SALESGURU is committed to ensuring that you are happy with your purchase. Should you not be happy with your purchase, the product maybe returned within 30 days to SALESGURU and SALESGURU will refund your money within 3 days.