Terms and Conditions of use for Website, Social Media and Technology Platforms

Last updated: (15/08/2024)

1. INTRODUCTION

This document sets out the terms and conditions (“Terms”) of Command Quality (Pty) Ltd (“we, “you, “us”) regarding the access and use of the information, products, services, information sharing, and functions provided (the “functions”) on our social media pages, website, https://www.commandquality.co.za (the “Website”), mobile or computer based applications and other technology platforms (collectively referred to as the “Platforms”).
Should any person that accesses the Platforms (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Platforms and/or using our services and/or sharing personal information.
We reserve the right, in our sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on our Website. Each time a user accesses the Platforms and/or uses the functions provided by the Platforms, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by us from time to time. If you are unsatisfied with the amended Terms, you should refrain from using the Platforms.
We will, however, give you prior notice of where we have collected personal information from you and the purpose for which we collected that information, which is affected by the intended amendment.
If you do not understand these Terms, please email us immediately. Please note that emails to us may be monitored for training, security, and quality assurance purposes.

2. CONTENT OF PLATFORMS

We reserve the right to improve, change, or discontinue, without notice, any aspect or feature of the Platforms and any information or content on the Platforms.
We reserve the right to change and amend the products, services, or functions on the Platforms at any time without notice.
We may use third-party services to provide information on the Platforms. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. The user agrees that such information is provided “as is” and that our online partners and we shall not be liable for any losses or damages arising from the user’s reliance on it regardless of how these may occur.
We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Platforms, including without limitation:
- We do not warrant that the Platforms, information, or downloads will be error-free or meet any particular performance or quality criteria. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
- Whilst we have taken reasonable measures to ensure the integrity of the Platforms and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via these Platforms are free of viruses or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
- We have taken reasonable measures to ensure the Platforms’ content is accurate and complete. We make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Platforms or the accuracy, completeness or reliability of any information. If our representatives, agents or employees make any such representations or warranties, we shall not be bound thereby.

3. LINKED THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT

We may provide links to third-party websites on these Platforms. These links are provided to the user for convenience purposes only, and we do not endorse, nor does the inclusion of any link imply our endorsement of, such websites, their owners, licensees, or administrators or their content or security practices and operations.
While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites, linked websites, or pages that are not under, nor subject to, our control. We are not responsible for and give no warranties or make any representations with respect to the privacy policies or practices of linked or any third-party or advertised websites on these Platforms.
You agree that we will not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Platforms. Any dealings that you may have with any linked websites, including advertisers, found on the Platforms, are solely between you and the third-party website.

4. USAGE RESTRICTIONS

The user hereby agrees that it shall not itself, nor through a third party:

Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-license, encumber, or in any other way deal with any part of these Platforms for any reason and in any manner unless it is consistent with the intent and purpose of these Terms.
Decompile, disassemble or reverse engineer any portion of these Platforms.
Write and/or develop any derivative of these Platforms or any other software program based on the Platforms.
Modify or enhance the Platforms. If a user affects any modifications or enhancements to the Platforms in breach of this clause, such modifications and enhancements shall be our property.
Remove any identification, trademark, copyright or other notices from the Platforms.
Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

5. SECURITY

To ensure the security and reliable operation of the services for all users, we reserve the right to take whatever action is necessary to preserve the security, integrity, and reliability of our network and back-office applications.
You may not utilise the Platforms in any manner which may compromise the security of our networks or tamper with the Platforms in any manner whatsoever, which shall include, without limitation, gaining or attempting to gain unauthorised access to these Platforms or delivering or attempting to deliver any unauthorised, damaging or malicious code to these Platforms, all of which is expressly prohibited. Any person or entity that does or attempts to do so shall be held criminally liable. Further, should we suffer any damage or loss, we shall claim damages against the user.
Any user who commits any of the offences detailed in the Cybercrimes Act, 19 of 2020 shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.

6. INTELLECTUAL PROPERTY RIGHTS

For the purpose of this clause, the following words shall have the following meanings ascribed to them:
- “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may exist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data, and material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Platforms (“proprietary material”), are the property of or are licensed to us and as such are protected from infringement by local and international legislation and treaties.
By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on the Platforms, you automatically grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved, and no right, title or interest in any proprietary material or information contained in these Platforms is granted to you.
Except with our express written permission, no proprietary material from these Platforms may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that we are the proprietor of all material on the Platforms (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
We authorise you only to view, copy, temporarily download to a local drive and to print the content of these Platforms, or any part thereof, provided that such content is used for personal purposes and information purposes, and such content is used for non-commercial purposes only.

7. RISK, LIMITATION OF LIABILITY AND INDEMNITY

The user’s use of these Platforms and the information contained and/or provided on them is entirely at the user’s own risk, and the user assumes full responsibility and risk of loss resulting from the use thereof.
Information transmitted via the Internet, including e-mail, is susceptible to monitoring and interception. The user bears all risks of transmitting information in this manner. Under no circumstances will we be liable for any loss, harm, or damage suffered by the user as a result thereof. We reserve the right to request independent verification of any information transmitted via e-mail, and the user consents to such verification should we deem it necessary.
To the extent permissible by law:
- Neither we nor our affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Platforms or any functionality thereof, or the information contained on the Platforms, or of any linked website, even if we know or should reasonably have known or is expressly advised thereof.
- Our liability for faulty execution of these Platforms as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Platform(s) shall be limited to us rectifying the malfunction within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the Platform(s). This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the Platform(s) without our prior written approval. However, in no event will we be liable to the user for loss of profits or special, incidental, consequential or punitive losses or damages arising out of or in connection with the Platforms or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
- You hereby unconditionally and irrevocably indemnify the service provider and agree to hold us free from all loss, damages, claims and/or costs of whatsoever nature suffered or incurred by you or instituted against us as a direct or indirect result of:
  - Your use of these Platforms and/or any linked third-party websites.
  - Software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge.
  - Your failure to comply with any of the terms or any other requirements we may impose from time to time.
  - The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software or
  - Any unavailability or interruption in the Platforms’ functions beyond our control.
- We make no warranty or representation as to the availability, accuracy or completeness of the Platforms’ content. You expressly waive and renounce all your rights of whatever nature that you may have against us for any LOSS suffered by you as a result of information supplied by us being incorrect, incomplete or inaccurate.

8. PRIVACY AND COOKIES POLICY

We take the privacy of all our clients and/or applicants seriously and are committed to protecting your personal information. We use the personal information we collect from you in accordance with this Privacy and Cookie Policy.
Personal information, when used in this Policy, means information that can identify you as an individual or is capable of identifying you. Personal information doesn’t mean general, statistical, aggregated or anonymised information.
Your use of our Platforms, specifically when applying for a position through our “Join our Team” or “Contact us” function, signifies your consent to us collecting and using your personal information as specified therein.
When you visit these Platforms or, send e-mails to us, or contact us via any other technological means, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

9. BREACH OR CANCELLATION

We are entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Platforms and related functions, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to our rights to claim damages, should any user:
- Breach any of these Terms;
- In our sole discretion, use the Platforms in an unauthorised manner or
- Infringe any statute, regulation, ordinance or law.
Breach of these Terms entitles us to take legal action without prior notice to the user, and the user agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.

10. COMPLIANCE WITH THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

In compliance with section 43(1) of the ECT Act, the following is noted:

Full name:	Command Quality (Pty) Ltd
Registration number:	2011/140564/07
Physical address:	Hyde Park Lane Office Park Marlborough Gate Building, Ground Floor Cnr Jan Smuts & Winnie Mandela Drive Hype Park, Sandton, 2196
Fax number:	None
Telephone number:	None
Website address:	https://www. commandquality.co.za
E-mail address:	brandan@commandquality.co.za
Names of office bearers:	Brandan Grobbelaar
Registered at:	Hyde Park Lane Office Park Marlborough Gate Building, Ground Floor Cnr Jan Smuts & Winnie Mandela Drive Hype Park, Sandton, 2196

11. COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances, regulations, community guidelines, or policies regarding your use of and access to these Platforms and when interacting with us on our social media pages.

12. NOTICES

We choose the address set out above as our domicilium citandi et executandi for all purposes relating to these Terms, including giving any notice and serving any process.
Except as explicitly stated otherwise, any notices shall be given by email to brandan@commandquality.co.za (in the case of Command Quality) or to the email address you have provided to us (in your case) or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid, and return receipt requested to the address you provided to us. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be provided in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

13. GENERAL

These Terms shall be governed in all respects by the laws of the Republic of South Africa as they apply to the sharing of data and/or electronic transactions performed within South Africa.
We control, operate, and administer these Platforms from our offices within the Republic of South Africa. We make no representation that the content of the Platforms is appropriate or available for use outside of South Africa. Access to the Platforms from territories or countries where the content of the Platforms is illegal is prohibited. Users may not use these Platforms in violation of South African laws and regulations. If the user accesses these Platforms from locations outside of South Africa, that user is responsible for compliance with all local laws.
We do not guarantee continuous, uninterrupted, or secure access to our Platforms, as factors outside our control may interfere with their operation.
If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms, and the remaining provisions shall be enforced to the full extent of the law.
Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or, assign your rights or delegate your obligations in terms of these Terms to any third party without our prior written consent.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the transaction or data sharing and/or whether it was negligent or not.
The titles to the paragraphs of these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between us and you with respect to the subject matter hereof.