1. INTERPRETATION
The terms and conditions refer to the usage of the site and any relation to all aspects under the sections Human Resources, Training and Recruitment.
The term “site” refers to www.theelephantherd.com website, portal, mobisite, social media links or any other such application as may be available in the future and, if inferred from the context, may also include any other website or part thereof, accessed through a link to our website or portal and shall include, but is not limited to, social media websites such as Facebook, LinkedIn, Twitter or any such site.
2. GENERAL
2.1 In accepting the terms and conditions and by using the site, you indicate that you accept these terms and that you agree to abide using the website. It is recommended that should you feel that the site does not meet your needs and requirements that you be welcome to leave at any time.
2.2 Important updates of the site and subject to any additional application forms, policies or guidelines that will be posted from time to time.
2.3 This site is supplied on an “as is” basis and has not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility, as user, to satisfy yourself, prior to making use of this site, that the service available from and through this site will meet your individual requirements and be compatible with your business.
3. AGE RESTRICTIONS
3.1 The site is not available for any person under the age of 18 without your parents/guardian’s consent.
3.2 If you are under 18 years old, your parent or guardian is required to consent to your use of this site and shall be required to accept these terms on your behalf.
3.3 In this respect, The Elephant Herd is indemnified from any and all liability in this regard, including any liability arising as a result of your failure, or someone acting on your behalf, to provide accurate information in this regard when required to do so through the use of this site.
4. LIABILITY
4.1 Subject to the provisions of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this site or the services or content provided from and through this site, or third party website accessed through this site. Furthermore, we make no representations or warranties, implied or otherwise. The Elephant Herd, or any other party (whether or not involved in creating, producing, maintaining or delivering the site or the portal), and any of Elephant Walking Trails Group of companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may occur.
5. INFORMATION ON THIS SITE
5.1 Information, ideas and opinions expressed on this site can be regarded as professional advice and while every effort is made to ensure up to date information and the official opinion of The Department of Labour is taken into consideration, The Elephant Herd will not be held accountable/liable for any omission or error in the recommended decisions or solutions that are put forward through the use of the website.
5.2 No part of The Elephant Herd website may be copied or used in a manner to advance a third-party benefit.
6. USE OF SOCIAL MEDIA – CODE OF CONDUCT
6.1 You are prohibited from posting or transmitting to or from the site, including The Elephant Herds Facebook, Twitter, LinkedIn, Google+ and other social networking media, any material:
6.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or
6.2.2 for which you have not obtained all necessary licences and/or approvals; or
6.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
6.3 The Elephant Herd shall fully co-operate with any law enforcement authorities or court order requesting or directing The Elephant Herd to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
6.4 The Elephant Herd accepts no responsibility for actively monitoring any forums, such as, but not limited to Facebook, Twitter, LinkedIn and any such other forums as may come into existence, contained in the site for Inappropriate User-Generated Content. You agree that The Elephant Herd accepts no liability whatsoever if has the right from time to time to edit, restrict or remove the User-Generated Content.
7. PORTALS
User access to any self – service portals hosted/accessed by The Elephant Herd website is subject to the following terms and conditions.
7.1 Portals in Resourcing
7.2.1. The job posting, CV database and other features of the sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the site may be used by for permitted professional and personal networking purposes. The use of the services is also subject to any other contracts you may have with The Elephant Herd. In the case of any conflict between these terms and any contract you have with The Elephant Herd, the terms of your contract will prevail.
7.2.2. Access to the candidate CV database is available only to The Elephant Herd clients who have been approved for CV search capabilities and whom The Elephant Herd has issued with privileged access codes to search the database. Clients may access the candidate CV database solely for the purpose of identifying candidates whose work preferences for location, category, industry, and occupation match the client’s requirements and needs.
7.2.3. While The Elephant Herd will implement precautionary measures to ensure that its site is free from viruses, The Elephant Herd cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Clients are responsible for implementing sufficient protective software on their system that will satisfy your data security requirements.
8. PURCHASES FROM THE WEBSITE
All purchases made through the website shall be subject to the following terms and conditions:
8.1. Purchases run on a monthly contract that is billed in advance for services rendered. This is done by Debit order and cancellations will require one months’ notice for which the client is liable for the final month’s payment. Services will be continued till the expiration date as per email.
8.2. When you purchase a plan from the site, you agree that you do so subject to the current purchase terms of the date you signed up.
8.3. Your order remains valid as an offer until we issue our Order Confirmation or, when we receive your notice revoking/cancelling your order if earlier.
8.4. A contract is formed, and we will be legally bound to supply the product to you when we accept your order and once payment has been confirmed.
8.5. Until acceptance of your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.
8.6. If we or you have cancelled your order before we have accepted it, then we will refund any payment already made by you or your credit or cheque card company.
8.7. If you discover that you have made a mistake with your order after having submitted it, please contact us on email support@theelephantherd.com immediately so that every effort is made to resolve the issue as quickly as possible. Please bear in mind weekends and banking processes are out of our control.
8.8. Only information, which is accurate, not misleading, and up to date must be submitted and you must inform us of changes.
8.9. The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
8.10. The displayed price will include all charges (VAT included) and will reflect in South African Rands unless otherwise stipulated.
8.11. If fraud is suspected, we reserve the right to refuse to accept or process payment on any order, and to cancel the order.
8.12. We further reserve the right to cancel the sale if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
8.13. We accept no liability which may arise because of our refusal to process any order or for the cancellation of an order.
8.14. We will usually refund money received using the same method originally used by you to pay for the product.
8.15. A full record of every sale and related transaction between you and The Elephant Herd will be maintained on the portal for a period of 12 months following the date of sale or related transaction. You will only be able to view and print this record during the 12-month period, thereafter you will be responsible for retaining your own record of the sale or related transaction.
8.16. These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act”) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with the Act.
9. TIME AND RELATED COSTS
9.1 The Elephant Herd endeavours to provide all clients, job seekers, employers and third parties with the necessary service as per the product package that has been chosen and within reason. Please see guidelines below, any other related work will be billed independently as per your contract. Price Plans cover:
Unlimited email advice. Response time is generally 24 hours within business working days and 48 to 72 hours over weekends.
40 hours on site work which covers disciplinary hearings, chairing of meetings however will exclude additional offerings on training as per package, webinars, asset registers and independent training.
20 hours of Contract related adjustments, notification of a disciplinary hearing and additional administrative work.
All other queries are quoted independently as per requirements.
10. GUIDELINES FOR ONLINE CONDUCT
10.1 You agree to use the site in accordance with all applicable laws.
10.2 We respect the constitutional right to freedom of speech and encourage robust intellectual debate. Your right to free speech is subject to the provisions of the Constitution and the code of conduct. .
10.3 You agree not to post any advertising or any form of commercial solicitation, including, but not limited to, spamming anywhere on the site.
10.4 You agree not to post any content that contains viruses or other harmful items anywhere on the site.
10.5 We reserve the right to remove content, block access or take other action which we deem appropriate in the circumstances against any content which violates the above rules and guidelines.
10.6 If a third party claims that any material you have contributed to a site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.
10.7 You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the sites.
10.8 You agree that you will not restrict or inhibit any other user from using and enjoying the sites.
10.9 You agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.
10.10 We respect the intellectual property of others. If you believe your copyright has been violated on a site hosted by us, please give notice on email to support@theelephantherd.com. The Elephant Herd will, upon receipt of such notice and confirmation that such copyright has been violated, use all reasonable means to remove the infringing content and inform the person that posted it of such removal and the reason therefor.
11. APPLICABLE AND GOVERNING LAW
This site is hosted, controlled, and operated from the Republic of South Africa, and South African Law governs the use or inability to use this site and these terms and conditions of use. South African courts have jurisdiction in the event of a dispute of any nature whatsoever arising between parties.