1. Intellectual Property Protection
The contents and design of the Site and any material emailed to you or otherwise supplied to you in conjunction with the Site – such contents, design and materials being collectively referred to as “SOUTH AFRICAN LABOUR (SAL) Content”, are copyright of SAL and SPIROMEDIAGROUP (PTY) Ltd. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as the SAL name and logo or other trade names appearing on the Site) for any reason without written permission from SAL. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. Use of South African Labour (SAL) Content
You may retrieve and display the SAL Content on a computer screen or smartphone, tablet or other electronic platforms. Platinum Members may print individual pages. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content for use by non-Platinum Member organisations. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from SAL:

i. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the SAL Content, or
ii. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of SAL Content (including use as part of any library, archive or similar service) without the prior written consent of SAL), unless you are a tertiary education Platinum Member.
iii. remove the copyright or trademark notice from any copies of SAL Content made under these Terms.

Any use of SAL Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the enquiries@southafricanlabour.co.za and may be subject to a fee.

3. Licence Fee, Payment, and Transactions 
Parts of SAL Content are subject to fees and charges. All payments (including applicable taxes) must be made in advance in ZA Rands. Other currencies may be agreed to by SAL on a case-by-case basis.

By paying the fees and charges quoted and/or associated with a user ID, you (the payee) take full responsibility for all fees and charges associated with the use of the Site for either yourself, in the case of an individual user, or on behalf of the company, corporation or legal entity represented by you. By paying fees and charges you (in the case of an individual) or on behalf of the company, corporation or legal entity you represent, agree to and enter into this contract in its entirety with SpiroMediaGroup Pty Ltd and SAL (www.southafricanlabour.co.za).

Subscription to Platinum Membership of www.southafricanlabour.co.za or any other publications or services of SpiroMediaGroup (PTY) Ltd and SAL run for a minimum period of 12 months. Written notice of cancellation must be given at least one calendar month prior to the end of the current year’s subscription period. If the correct cancellation procedure is not followed, subscriptions will be automatically renewed for a further 12 month subscription period. This renewed service fee will include increases in service fees in line with annual inflation should such increases be implemented. All accounts are payable on invoice. SAL reserves the right to charge 2% a month interest and a R400 monthly statement charge on overdue accounts.

If service is terminated because you are in breach of the Terms laid out in this contract you will not be entitled to any refund. Should termination of service be enforced you will continue to be responsible for any fees or other charges incurred by you prior to termination taking effect.

In cases where a third party product or service is purchased you are entering into an agreement with the product/service provider only and not with www.southafricanlabour.co.za or SpiroMediaGroup (PTY) Ltd.  www.southafricanlabour.co.za  and SpiroMediaGroup (PTY) Ltd are indemnified from any litigation or damage or loss incurred through any services and/or products provided by third-party partners.

In the event of SAL instructing its attorneys to take measures for the enforcement of any of its rights under these Terms consequent upon a breach of the Terms of this lease by the subscriber, the subscriber shall pay on demand to SAL or its attorneys such collection charges and other legal costs as between attorney and client as shall be lawfully charged by SAL’s attorneys.

The parties agree that any dispute that arises with these terms and conditions falls under the jurisdiction of the Magistrates Court.

4. Term and Termination
www.southafricanlabour.co.za may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use of South African Labour Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of www.southafricanlabour.co.za provided in these Terms or by law.

5. Changes to the Site
www.southafricanlabour.co.za reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Site Content at any time and to restrict the use and accessibility of the Site.

6. Registration, Passwords and Responsibilities
Platinum Members are solely responsible for the confidentiality and use of and access to SAL Content and the Site using your user name and sign-on password. Platinum Members agree to immediately notify SAL if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of www.southafricanlabour.co.za Content or the Site generally. For the purpose of confirming your compliance with these Terms, SAL reserves the right to monitor and record activity on the Site, including access to Website Content. Each registration is for a single user only. You may not share your user name and password with any other person. www.southafricanlabour.co.za does not permit access through a single name and password being made available to multiple users on a network unless you are a registered and paid-up multiple user Platinum Member. SAL may cancel or suspend your access to the Site without further obligation to you if you do this.

7. Privacy Policy
The information that you provide about yourself to SAL will only be used in accordance with SAL’s privacy policy statement.

8. Community Forums 
The Site may at times include bulletin boards, discussion groups and other public areas that allow feedback to SAL and interaction between users and SAL representatives (“Forums”).

While SAL does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your messages. You must comply with any rules posted by SAL on a Forum. You may not: post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”; post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular product or service of another party.

Furthermore, you may not post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libellous, and indecent, infringe the copyright or other rights of third parties or which contain any other form of illegal content.

You may not post or otherwise publish any messages that contain a virus or other harmful component; disguise the origin of any Messages; impersonate any person or entity (including SAL employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; post or otherwise publish any Messages unrelated to the Forum or the Forum’s topics.

Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment; collect or store other users’ personal data; restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless SAL from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section (8). The Forums contain Messages submitted by users over whom SAL has no control. SAL cannot guarantee the accuracy, integrity or quality of any third party messages.

Some users may breach these terms and post messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

By submitting a Message to a Forum you are granting SAL perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. SAL reserves the right to contact you by email with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for SAL to monitor fully and effectively messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify SAL immediately by contacting platinummembers@southafricanlabour.co.za.

9. No Warranty, Disclaimer of Liability and Indemnity 
While every effort has been made to ensure the high quality and accuracy of the Site, www.southafricanlabour.co.za makes no warranty, express or implied concerning Site Content; where applicable the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”.

SAL expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will SAL, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if SAL has been advised of the possibility that such damages may arise. SAL does not guarantee to be compliant or free from viruses or other contaminating or destructive properties. In no event will any liability of SAL, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by SAL exceed the amount, if any, paid by you to SAL in respect of the particular Site Service to which the claim relates. Upon SAL’s request, you agree to defend, indemnify and hold harmless SAL from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

10. Force Majeure 
SAL, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of SAL Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Miscellaneous 
Changes to these Terms. SAL may, in its discretion, change these Terms (including those relating to your use of the Site and/or www.southafricanlabour.co.za Content). When Terms are changed, SAIRD will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after SAL has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain SAIRD content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. SAL is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site contains links to other web sites. SAIRD is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by SAL.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to SAL must be given in writing by letter and sent to SAL at P.O. Box 1414, Cape Town South Africa (for the attention of Head of Accounts).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of a Platinum Member user with respect to these Terms must be filed in a court of competence within South Africa, and within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, South African law. The parties irrevocably agree that the courts of South Africa shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the South African courts. For the exclusive benefit of SAL, SAL shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

13. Privacy Policy Statement
(1) Users who register with the Publisher in order to receive copies of magazines or other publications (free or otherwise) agree to provide true, accurate, current and complete information about themselves as requested by the Publisher in the registration or subscription forms (“the Registration Information”).
(2) The Publisher is registered under and will process personal data in accordance with, data protection legislation.
(3) Users hereby agree that the Registration Information (and all updates of the Registration Information) and any other information sent to the Publisher by them or otherwise obtained by the Publisher about them (“the Personal Data”) may be processed by the Publisher for the purposes of:
a. processing requests;
b. providing information by email or other means (unless agreed otherwise);
c. providing information about the products and services of the Publisher and other parties (unless agreed otherwise);
d. providing a personalised service;
e. maintaining accounts and records;
f. administration of membership records;
g. statistical analysis and conducting market research surveys;
h. assessing and evaluating the use that is being made of the Site, and
i. information and databank compilation and administration.

(4) THE PROCESSING OF THE PERSONAL DATA MAY INVOLVE THE PUBLISHER DISCLOSING USERS’ DETAILS TO REGULATORY BODIES AND/OR OTHER THIRD PARTIES. If users do not wish their Personal Data to be disclosed in this manner, they should make this clear by sending an appropriately worded message to the Publisher at platinummembers@southafricanlabour.co.za
(5) Users also consent to the transfer, storage and processing of the Personal Data to/in countries outside South Africa in connection with the processing mentioned above. Users’ Personal Data may, therefore, be processed in countries where the rights and benefits conferred on data subjects may not be as favourable as in South Africa. Users who would prefer not to have their Personal Data transferred in this way should make this clear by sending an appropriately worded message to the Publisher at platinummembers@southafricanlabour.co.za

(6) The Site uses cookies for collecting user information and the data collected in this way may be processed in the same way as other data submitted to the Publisher (and outlined above) and for the same purposes.

14. Copyright Statement
All content within the SAL Site is protected by the South African copyright of SPIROMEDIAGROUP (PTY) Ltd. Copyright law prohibits copying, re-purposing, re-transmitting or re-distributing of any material on this site, without the prior permission of the copyright owner. All rights reserved.

15. Disclaimer
SPIROMEDIAGROUP (PTY) LTD and www.southafricanlabour.co.za makes every effort to ensure that the information placed on this web site is accurate. SPIROMEDIAGROUP (PTY) Ltd, www.southafricanlabour.co.za and the employees or representatives thereof, do not give any warranties or representation, express or implied, about the accuracy, completeness or appropriateness of any content or material contained within this site.
SPIROMEDIAGROUP (PTY) Ltd and www.southafricanlabour.co.za allow you, the Platinum Member user, access to this website only on the provision that you unconditionally accept full responsibility for using the information provided on it.

15 A. Official Labour Law Services SA (Pty) Ltd and Associated Entities Disclaimer
The comments, views, analysis or opinions by third parties should not be taken as reflecting the views of SAL, Official Labour Law Services SA (Pty) Ltd, Michael Bagraim or any Bagraim Associates, SAL staff writers, the SAL Research Department or those of our parent company, SpiroMediaGroup Pty Ltd. Third parties may include, but are not limited to guest commentators or specialist area freelance journalists, Thought Leaders or University and Academic writers whose views appear in published materials, interviews, radio, television, podcasts or any other platform including the South African Labour Website. Our clients accept full liability and responsibility as a consequence of any reliance placed upon the information contained in this Website or any advice given by way of consultation and advisory services offered by SpiroMediaGroup Pty Ltd, Official Labour Law Services SA (Pty) Ltd and Associated Entities.

In consideration of your being allowed access to the pages of the site, you are deemed to accept the Terms and Conditions of Use as detailed above.