1. GUARDCHECK.COM CC ("GUARDCHECK") provides the information and data contained on this website to users (the "USER") subject to the terms and conditions set out herein (the "TERMS")
2. By accessing the website, the USER is deemed to have read, understood and accepted the TERMS. GUARDCHECK may at any time amend any of the terms and such amendment will supercede and replace any previous terms. Each time the USER accesses the website, the USER agrees to be bound by the TERMS as amended, from time to time.
3. The USER may access the website for the following purposes:-
2. to obtain information and data on a Security Guard that has applied for a position at the USER'S business;
3. to place a CV on the website or to access the CV'S placed on the website.
4. The USER specifically warrants that it has obtained the necessary written consent from its Security Guards that it may list the Security Guard's name on the website where that Security Guard has committed an offence whilst in the employ of the USER and/or has absconded or his services have terminated following disciplinary action and dismissal following fair procedure.
5. The USER acknowledges and agrees that the confidential information and data shall be utilized by it solely and exclusively for the purposes of assisting theUSER in the ordinary course of the USER'S business from time to time and for no other purpose whatsoever.
6. The USER shall ensure that any information submitted to GUARDCHECK is factual and accurate and does not form part of any dispute between the USERand its Security Guard.
7. GUARDCHECK may in its absolute discretion verify the accuracy of any statement, data or information obtained from the USER.
8. The USER shall not utilize any of the information supplied to it for use in any litigation or legal dispute without written permission first being obtained from an authorized representative of GUARDCHECK.
9. Any confidential information shall in no way be construed as an opinion of GUARDCHECK and merely reflects a recording of information received from various USERS from time to time.
10. GUARDCHECK makes no representations or warranties whether express, implied or tacit as to the accuracy, completeness or reliability of any information or data on the website.
11. GUARDCHECK reserves the right to remove any of the information or data from the website in its sole discretion.
12. To subscribe to the website the USER must complete the online application form ("APPLICATION FORM&qout;). On receipt of the USER'S APPLICATION FORM, GUARDCHECK will take such steps it deems necessary, to evaluate the USER'S application and to verify the information about the USER. The application process will not be completed until the USER has been given an opportunity to review the transaction and correct any mistakes or withdraw from the transaction. By clicking on the "submit" button the USER is deemed to have submitted an offer to subscribe for use of the website and the USER will not be able to cancel the subscription prior to expiry of one year from the date of acceptance of the application by GUARDCHECK (the "INITIAL PERIOD") unless GUARDCHECK expressly agrees thereto. The USER shall thereafter be required to renew its application.
13. The USER agrees to pay GUARDCHECK the fees stipulated on the website. Payment shall be made by way of Electronic Transfer, direct deposit, cheques or credit card. The USER hereby authorizes GUARDCHECK to charge the payment for such fees to the USER'S credit card, using the credit card information provided in the USER'S application form, effective from the date of receipt of the USER'S offer to subscribe. The USER hereby agrees thatGUARDCHECK will not be obliged to refund any payment made by the USER, nor shall theUSER be entitled to reverse such payment, for any reason whatsoever. Upon receipt of actual payment and acceptance of the Application by GUARDCHECK, the USER shall be issued with a password.
14. By accessing the website, the USER warrants and represents to GUARDCHECK that the USER is authorized to do so and has the requisite capacity to conclude binding agreements with GUARDCHECK. The USER hereby indemnifies GUARDCHECK against any loss, liability, damage or expense of whatever nature which GUARDCHECK or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach of theUSER of any of the warranties in this clause.
15. GUARDCHECK reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any service, information, data and/or content on the website.
16. GUARDCHECK reserves the right not to accept and/or comply with the offer to subscribe for any reason whatsoever on notice to the USER. The USERhereby confirms and agrees that the transaction between the USER and GUARDCHECK will be deemed to have been concluded at the place where and at the time when GUARDCHECK accepts the subscription and issues the USER with a password regardless of where or when such acceptance comes to the notice of the USER.
17. The USER agrees and acknowledges that:-
2. it will use its utmost efforts and diligence to guard and protect the confidential information;
3. it shall use all reasonable efforts to protect the interest of GUARDCHECK and shall exercise reasonable care in restricting access of the confidential information to its officers, directors, and authorised employees.
18. The USER acknowledges and agrees that:-
2. Without derogating from the generality of the provisions of paragraph 18.1 above, GUARDCHECK shall not be liable for any loss, liability, expense or damage of whatsoever nature suffered by the USER or any other person as a result of or which may be attributable to -
2. any mistake, error or omission in any of the confidential information;
3. any delay in delivering or in any manner communicating the confidential information to the USER;
4. any failure to deliver or in any manner communicate the confidential information to the USER.
19. External links may be provided, but they are beyond the control of GUARDCHECK and no representation is made as to their content. Use or reliance on any external links provided is at the USER'S own risk. No links shall be created from any website controlled by the USER or otherwise to this website without the express prior written permission of GUARDCHECK.
2. GUARDCHECK shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this Agreement. The USER shall not be entitled to cede, assign and delegate all or any of its rights and obligations in terms of this Agreement.
3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
4. Should GUARDCHECK be prevented from fulfilling any of its obligations hereunder as a result of any event beyond its control, then those obligations shall be deemed to have been suspended to the extent that and for as long as GUARDCHECK is so prevented from fulfilling them and the USER'Scorresponding obligations shall be suspended to the corresponding extent. If the event continues for more than fourteen days after it has first occurred then GUARDCHECK shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the USER.
5. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The USER hereby consents and submits to the exclusive jurisdiction of the Witwatersrand Local Division of the High Court of South Africa in respect of any disputes arising in connection with any matter related to or in connection with this Agreement.
21. In compliance with Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), your attention is drawn to the following:-
2. Registration Number: 2015/153278/07;
3. Place of registration: Pretoria, South Africa;
4. Registered physical address: 2nd Floor Vesting Centre Bosbok Road Honeydew;
5. Telefax Number: (011) 795-4202;
6. Telephone Number: (011) 794-2989;
7. Website address: www.guardcheck.com;
8. E-mail address: email@example.com;
9. Physical Address for receipt of legal service of documents: 2nd Floor Vesting Centre Bosbok Road Honeydew ;
10. Description of main characteristics of the service/s offered by GUARDCHECK (View Brochures -Hyperlink)
11. Manner of payment: electronically by credit card, electronic bank transfer, direct bank deposit or cheque;
12. The terms of the agreement: The terms of the Agreement between the USER and GUARDCHECK is governed by these terms, the application form and GUARDCHECK makes no representations and gives no warranties and/or guarantees of whatsoever nature, whether express, implied in law or tacit, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to the USER or any part thereof;
13. Time within which the services will be delivered: As soon as is reasonably possible after GUARDCHECK accepts the USER'S application and issues the USER with a password;
14. Return and refund policy: By nature of the service/s, no information or data provided to the USER by GUARDCHECK may be returned, and no monies paid by the USER to GUARDCHECK in respect of the service/s will be refunded to the USER;
16. Cooling-off period: In terms of Section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of any service/s or information accessed via the website, as the information accessed and delivered to the USER by GUARDCHECK cannot be returned.
22. No person, business or website may frame the site of GUARDCHECK or any of the pages on this site in any way whatsoever.
23. No person, business or website may use any technology to search and/or gain information from GUARDCHECK'S website without its prior written consent.
2. Telefax number: (011) 795-4202;
3. No legal service shall be validly affected by e-mail;
4. GUARDCHECK shall be entitled from time to time, by giving notice to the USER to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number;
5. The USER nominates the physical and facsimile address set out in the APPLICATION FORM as its domiciliumcitandietexecutandi.
25. Detailed description of goods and our services.
26. Delivery policy.
(For account activation)
27. Export restriction.
28. Return and Refunds policy.
30. Payment options accepted.
31. Credit card acquiring ands ecurity.
32. Customer details separate from card details.
33. Merchant Out let country and transaction currency.
35. Country of domicile.
37. Company information.
38. Guardcheck contact details.