Contact Us: 012-492-9089 | info@guardcheck.com
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:-
1. to record information on a Security Guard employed by the USER;
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 the USER 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 USER and 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). 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 that GUARDCHECK 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 USER hereby 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:-
1. it shall keep and maintain as strictly confidential all the confidential information
furnished to it pursuant to this agreement;
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:-
1. GUARDCHECK does not make any representation, as to the accuracy or correctness of any
confidential information transmitted to or made available to the USER;
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 -
* the use by the USER or any other person of any of the confidential information in any manner
whatsoever and the dissemination of the information to third parties by the USER or any other
person;
* any mistake, error or omission in any of the confidential information;
* any delay in delivering or in any manner communicating the confidential information to the
USER;
* any failure to deliver or in any manner communicate the confidential information to the USER.
3. The USER indemnifies GUARDCHECK against any claim which may be made against GUARDCHECK by any third party in respect of any matter arising from this agreement.
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.
20.
1. The Terms as amended from time to time and the application form constitute the sole record of
the agreement between the USER and GUARDCHECK in relation to the subject matter hereof. Neither
the USER nor GUARDCHECK shall be bound by any express, tacit or implied representation,
warranty, promise or the like not recorded herein. These terms and conditions take precedence
over and replace all prior commitments, undertakings or representations, whether written or
oral, between the USER and GUARDCHECK in respect of the subject matter hereof. No indulgence or
extension of time which either the USER or GUARDCHECK may grant to the other will constitute a
waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in
the event or to the extent that the grantor has signed a written document expressly waiving or
limiting such rights.
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'S corresponding 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:-
1. Full name and legal status: GUARDCHECK (Pty) Ltd, a Private Company in accordance with the
laws of the Republic of South Africa;
2. Registration Number: 2015/153278/07;
3. Place of registration: Pretoria, South Africa;
4. Registered address 118 Jack Nicklause Drive Pecanwood Estate Broederstroom 0240;
5. Telephone Number: (012)492-9089;
6. Website address: www.guardcheck.com;
7. E-mail address: info@guardcheck.com;
8. Physical address 118 Jack Nicklaus Drive Pecanwood Circle Pecanwood Estate Broederstroom
0240;
9. Description of main characteristics of the service/s offered by GUARDCHECK (View Brochures
-Hyperlink)
10. Manner of payment: electronically by credit card, electronic bank transfer, direct bank
deposit or cheque;
11. 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;
12. 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;
13. 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;
14. Security Procedures and Privacy Policy of GUARDCHECK in respect of payment, payment
information and personal information: GUARDCHECK utilises a payment system that is sufficiently
secure with reference to accepted technological standards as at the date of these terms, given
the type of transaction to be concluded between the USER and GUARDCHECK;
15. 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.
24. The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is:
1. Physical Address: 118 Jack Nicklaus Drive Pecanwood Circle Pecanwood Estate Broederstroom
0240;
2. No legal service shall be validly affected by e-mail;
3. 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;
4. The USER nominates the physical and facsimile address set out in the APPLICATION FORM as its
domicilium citandi etexecutandi.
25. Detailed description of goods and our services.
Guardcheck is a business in the security industry that provides a service in checking for blacklisted security guards.
26. Delivery policy.
Subject to availability and receipt of payment,requests will be processed immediately.
(For account activation)
27. Export restriction.
The offering on this website is available to South African clients only.
28. Return and Refunds policy.
The provision of goods and services by Guardcheck is subject to availability.In cases of unavailability,Guard check will refund the client in full with in 30 days. Cancellation of accounts by the client will attract a 20% administration fee.
29. Customer Privacy policy.
Guard check shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
30. Payment options accepted.
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer in to the Guardcheck bank account,the details of which will be provided on request.
31. Credit card acquiring ands ecurity.
Credit card transactions will be acquired for Guardcheck via PayGate(Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer3 (SSL3)and no credit card details are stored on the website.Users may go to www.paygate.co.za to view their security certificate and security policy.
32. Customer details separate from card details.
Customer details will be stored by Guardcheck separately from card details which are entered by the client on PayGate’s securesite.Form oredetailon PayGate refer to www.paygate.co.za.
33. Merchant Out let country and transaction currency.
The merchant out let country at the time of presenting payment options to the card holder is South Africa. Transaction currency is South African Rand(ZAR).
34. Responsibility.
Guardcheck takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, disputere solution and delivery of goods.
35. Country of domicile.
This website is governed by the laws of South Africa and Guardcheck chooses as its domicilium citandi etexecutandi for all purposes under this agreement, whether in respect of court process,notice,or other documents or communication of what so ever nature.
36. Variation.
Guardcheck may, in its sole discretion, change this agreement or any part there of at any time without notice.
37. Guardcheck contact details.
Postnet Suite 103 , Private Bag X0003, Ifafi, 0260
