Terms and Conditions
YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AND SHOULD BE CAREFULLY NOTED.
USE OF THIS WEBSITE IS SUBJECTED TO THESE TERMS AND CONDITIONS PUBLISHED ON THIS WEBSITE. BY CONTINUING TO USE THIS WEBSITE YOU AGREE TO ACCEPT, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS.
WE RESERVE THE RIGHT TO UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.
Our mission is to enable practitioners of various fields to be productive and successful by allowing our members to forge new connection, exchange ideas, learn, and identify opportunities or personnel, work, and build choices in a growing network of trusted relationships.
Disclosures in terms of section 43 of the Electronic Communications and Transactions Act:
The full name and legal status of the Website Owner and Intellectual Property Rights Holder is:
The Practitioner (Pty) Ltd
Registration no: 2018/614894/07
The full address of the website owner is detailed hereunder:
Address: 109 Valley Street, Sunnyside, Pretoria, Gauteng, 0002
E-mail address: email@example.com
The website address of this website is:
Physical address for receipt of legal service:
Address: 109 Valley Street, Sunnyside, Pretoria, Gauteng, 0002
An online forum for practitioners to connect
You agree that by clicking “Join Now”, “Join professional”, “Sign Up” or similar, registering, accessing or using our services (described below), you're agreeing to enter into a legal binding contract with Practitioner ™ (even if you're using our Services on behalf of a company). If you would like to terminate this contract, at any time you'll be able to do so by closing your account and no longer accessing or using our Services or Website.
1.1.1 Should a You register as a user on the Website we or our authorized service provider may require personal information of such a User.
1.1.2 You undertake to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
1.1.3 We agree not to use, without your express consent, your personal information for any purpose other than it was disclosed.
1.1.4 We make use of third party service providers who assist in interaction, marketing and other services and the you authorise us to provide your personal information to such parties where reasonably required.
1.1.5 We agree to take appropriate technical and organisational measures to ensure that all personal information are kept secure and is reasonably protected against unauthorised or unlawful use, accidental loss, alteration, disclosure, access or other applications.
1.1.6 Although we take every precaution to protect the private information and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
1.1.7 We agree to return or destroy any and all your personal information in its possession or control, on written request from you.
1.1.8 We undertake not to retain any personal information for a period which may exceed the period for which such information was originally provided, unless it is required by law to do so.
1.1.9 We undertake never to sell or make available the personal information of you to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
1.1.10 We will not be liable for any loss or damage arising as a result of any disclosure of your personal information to third parties.
1.1.11 You will not use the Services in any manner that is inconsistent with the terms of this Contract (Standard EULA- End User License Agreement) or that infringes the intellectual property rights of Us or any third party. You agree not to use the Services to harass, abuse, stalk, threaten or defame any person or entity, and that We are not responsible for any such use.
1.1.12 Your rights under this Contract will terminate automatically if you fail to comply with any of its terms.
1.1.13 We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any Services at any time without notice or liability to you.
1.1.14 Making physical threats, or bullying do not belong here and may be removed without notice. 1.1.15 To report objectionable content please contact firstname.lastname@example.org, we will respond or remove such content within 24hours. We will eject the user who provided the offending content, with or without notice to them. 1.1.16 Note how you can block other Users to view your profile_________.
You represent and warrant that you possess the legal right (e.g that you are 18 years or older) to access this Website and to be bound to these terms and conditions and to use this Website with all terms and conditions herein
Your access to and use of this Website is solely at your own risk.
You agree not to violate these terms and conditions in any manner.
2.2 Your Account
Members are account holders. You agree to: (1) try and choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any a part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are accountable for something that happens through your account unless you close it or report misuse.
As between you and any other third party (including your employer), your account belongs to you.
If you buy any of our paid Services (“Professional Package”), you conform to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
Additionally, you agree that:
· Your purchase could also be subject to foreign exchange fees or difference in prices based on location (e.g. exchange rates).
· We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
· If you purchase a subscription, your payment method automatically will be charged at the beginning of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Professional Package.
· All of your purchases of Services are subject to Practitioner’s refund policy.
· We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact data you provided us (e.g., email, mobile range, physical address). You conform to keep your contact information up to date.
Our Services permit electronic communication and sharing of information in many ways, such as your profile, slide decks, links to news articles, job postings, mails, queries and blogs. Information and content that you share or post could also be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Practitioner™ connections, restricting to your profile visibility from search engines, or opting not to notify others of your Practitioner profile update). For job searching activities, we default to not notifying your connections network or the public. Therefore if you apply for a job through our Service or choose to signal that you are not interested in a job; our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and may remove it in our sole discretion, with or without notice.
3. Rights and Limits
As between you and Practitioner ™, we own the content and data that you submit or post to the Services.
Intellectual Property Rights:
The content of this website, including but not limited to all trade marks, articles, photographs, drawings, graphics, logos, images, cinematographic films, video clips and text, is the intellectual property of the Practitioner ™ and may not be reproduced, adapted, distributed, sold, published, stored, broadcast,
modified, transmitted or recorded in any way without prior written consent from us, which consent can be obtained from email@example.com. Any unauthorised reproduction, storage, sale, adaptation, distribution, publication, broadcasting, modification, transmission or recording of the content of this website or any part thereof, will constitute copyright infringement.
In the event of the authorised and/or lawful use of a reference and/or quotation from our website, our URL, www.thepractitioner.co.za, must be clearly displayed with each and every quotation or reference, as well as the appropriate copyright notice
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Alternative Content, Sites and Apps
By using the Services, you will encounter content or data that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Practitioner ™ generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization could also be mistakenly associated with the content about others, when we let connections and followers know you or organization were mentioned in the news.
Practitioner reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Practitioner reserves the right to restrict, suspend, or terminate your account if Practitioner believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
3.6 Automatic Processing
We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and recommend you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
4. Disclaimers and Limit of Liability
4.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, PPRACTITIONER™ AND ITS AFFILIATES (AND THOSE THAT PRACTITIONER™ WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
4.2 Exclusion of Liability
We will not be liable for any damages, loss or liability of whatsoever nature arising from any misrepresentations made.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE PRACTITIONER™ HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE PRACTITIONER™ AND ITS AFFILIATES (AND THOSE THAT PRACTITIONER WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR
DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE PRACTITIONER™ AND ITS AFFILIATES (AND THOSE THAT THE PRACTITIONER™ WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PROFESSIONAL PACKAGE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE CONTRACT BETWEEN YOU AND THE PRACTITIONER™ AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PRACTITIONER OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Both you and Practitioner™ may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
· Our rights to use and disclose your feedback;
· Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
· Sections 4, 6, 7, and 8.2 of this Contract;
· Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
1.1 These Terms and Conditions, the relationship between you and us, or any dispute arising from or in connection with these Terms and Conditions or the use of the website or any other online platform whereon we make available these Services, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
7. General Terms
These terms and conditions will be governed by and construed in accordance with South African laws.
These terms and conditions shall be for the benefit of The Practitioner ™ and may be waived at our own discretion.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Practitioner has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Practitioner may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Practitioners’ “Dos and Don’ts”
a. Comply with all applicable laws, including, while not limitation, privacy laws, intellectual property laws, anti-spam laws, export management laws, tax laws, and regulatory requirements;
b. Provide correct information to us and keep it updated; Use your real name on your profile; and
c. Use the Services in a professional manner.
You agree that you will not:
a. Create a false identity on professional, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or the other means that or processes (including crawlers, browser plugins and add-ons, or any
other technology) to scrape the Services or otherwise copy profiles and other information from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Practitioner;
e. Disclose information that you just don't have the consent to disclose (such as confidential information of others (including your employer));
f. Violate the intellectual property rights of others, as well as copyrights, patents, trademarks, trade secrets, or alternative proprietary rights. For example, don't copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
g. Violate the intellectual property or other rights of The Practitioner, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “The Practitioner” or our logos in any business name, email, or URL except as provided in Brand Guidelines;
h. Post anything that contains software viruses, worms, or the other harmful code;
i. Reverse engineer, decompile, destruct, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by The Practitioner without our express consent (e.g., representing yourself as an accredited Practitioner trainer;
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Practitioner’s consent;
l. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Practitioner’s consent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services’ availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
r. Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We offer a policy and process for complaints concerning content posted by our Members.
10. Contact Information
If you have any questions, queries or wish to request permission to use any part of this website, including linking, framing, or searching please contact us at:
Address: 109 Valley Street, Sunnyside, Pretoria
Telephone number: 0815045646
E-mail address: firstname.lastname@example.org