Please note our revised terms marked in red text.

(c) Workplace Performance Technologies (Pty) Ltd, Workinfo.com, 2006 - ALL RIGHTS RESERVED
UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED

These terms and conditions are binding and enforceable against all persons that access the Workinfo.com website or all other affiliated websites in any part thereof in terms of section11(3) of the Electronic Communications & Transactions Act 25 of 2002.

If you do not agree to these terms and conditions, you must leave the Workinfo.com website immediately, as further use will automatically bind you to these terms and conditions.

The user is reminded that we cannot guarantee the adequate performance of any technologies in the User's workplace. Any queries on accessing these facilities or any software developed by Workinfo.com must be addressed to info@workinfo.co.za.

Definitions

"User" means any person who enters or uses the Workinfo.com website, notwithstanding the fact that such person only visited the home page of Workinfo.com or any other page through an external hyperlink.

1. Workplace Performance Technologies (Pty) Ltd trading as Workinfo.com™. 

1.1 Workinfo.com is owned and managed by Workplace Performance Technologies (Pty) Ltd ("Workinfo.com") a private company duly incorporated in terms of the laws of South Africa.

1.2 Workinfo.com™, provides this service to you, subject to the following Terms and Conditions, which may be updated by Workplace Performance Technologies (Pty) Ltd from time to time without notice to you. By using this service you are agreeing to be bound by these terms and conditions, including all amendments made to date.

Workplace Performance Technologies (Pty) Ltd is a company registered in terms of the Company Laws of South Africa.

Reg. No. 98 01552/07
Vat Reg. No. 4450172582

Director: M. Behrman

3rd Floor, 332 Kent Avenue Randburg Johannesburg
PO Box 925, Lanseria, Gauteng 1748

Tel: +27 (0)12 669 0524 (After Hours)
Tel: +27 (0)11 781 4228 (Office)
Fax: +27 (0)86 689 7862
Cel: +27 (0)82 416 7712
Email: watkins@vodamail.co.za

4. Contact Details

All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact The General Manager at 012 669 0524 or e-mail info@workinfo.co.za 

5. About Workinfo.com

Workinfo.com was established in 1997 by Workplace Performance Technologies (Pty) Ltd as a legal and human resources internet service to the general public and to users and owners of its products and services. The objective of Workinfo.com is to provide cost-effective information on the internet to assist legal and human resource practitioners in their day-to-day job tasks. We subscribe to a simple philosophy, namely that:-

• The Human Resources function, and Human Resource Practitioners, is a critical strategic function for business; and
• Human Resource Practitioners are professional business people who contribute towards the efficient functioning of companies.

6. Registered Domains

6.1 Workinfo.com is the owner of the following domain names:

• http://www.workinfo.com
• http://www.workinfo.co.za
• http://www.consultdirect.co.za 
• http://www.humanresources.co.za
• http://www.workinfo.us
• http://www.workinfo.org
• http://www.hrexecutive.info
• http://www.employerassist.co.za

6.2 In addition, Workinfo.com is co-owner and manager of the following website:-

• http://www.caselaw.co.za 

6.3 Workinfo.com is NOT an employer's association or trade union in terms of the Labour Relations Act 66 of 1995 as amended, but is a Human Resources and Management Consultancy providing services to the general public.

6.4 Workinfo.com, Caselaw.co.za and ConsultDirect.co.za are hosted by Trade Page CC (http://www.tradepage.co.za).

7. Email Addresses

The following email addresses may be used to contact Workinfo.com

radwat@global.co.za

info@workinfo.co.za

8. General Terms and Conditions

8.1 Users may download, view and print content from this site for private and non-commercial purposes only.

8.2 All moral rights of Workinfo and its employees/agents are reserved.

8.3 Workinfo cannot screen or edit all the content available from the Workinfo site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Workinfo of any content that may be offensive or illegal.

8.4  When a user visits Workinfo or sends e-mails to Workinfo , that user consents to receiving communications from Workinfo electronically and agrees that all agreements, notices, disclosures and other communications sent by Workinfo satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

9. Acceptance of Terms 

9.1 Accessing or using Workinfo.com™, and the Information Services therein (the "Service"), constitutes acceptance of the terms and conditions below and of the Information Providers Terms and Conditions.

9.2 SERVICE: Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of any new Workinfo.com properties, shall be subject to these Terms and Conditions. You understand and agree that the service is provided "AS-IS" and that Workplace Performance Technologies assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information or individualization settings, or to the correctness of any information provided on this server.

9.3 MODIFICATIONS TO SERVICE: Workinfo.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Workinfo.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Workinfo.com, reserves the right to add, substitute, or delete information sources ("Information Providers") on which the Services are based without prior notice.

9.4 Users hereby license Workinfo.com to publish, use, sub-license, distribute, amend, update and store material posted to any forum maintained by Workinfo.com or its affiliated websites.

9.5 Subject to the provisions of the Regulation and Interception of Electronic Communications Act 70 of 2002, the User agrees to

9.5.1  Workinfo.com's right to intercept, block, filter, read, delete, disclose and use all communications sent to or posted by the User to the Workinfo.com website, its staff and employees; and

9.5.2 The User agrees and acknowledges that the consent provided by the User in clause 9.5.1 satisfies the "writing" requirement as detailed in the Regulation and Interception of Electronic Communications Act 70 of 2002.

Regulation of Interception of Communications and Provision of Communication-related Information Act,2002 (Act No .70 of 2002),

10. Your Registration Obligations 

10.1 In consideration of your use of the Service, you agree to: 

1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data" or Personal Profile) and 
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 

10.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or Workinfo.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Workinfo.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

10.3 USE:  You expressly agree not to use the Services to copy, disseminate, display, redistribute, publish, broadcast, or sell any material received hereunder, or in any other manner infringe any copyrights or proprietary interests of Workinfo.com, any of the Information Providers or any third party, in such materials. The terms and conditions of the agreements between Workinfo.com and it's Information Providers (hereinafter "Information Provider Terms and Conditions") including revisions thereto, are incorporated into this agreement as if fully set out herein and YOU EXPRESSLY AGREE TO ABIDE BY ALL INFORMATION PROVIDER TERMS AND CONDITIONS. You agree to indemnify Workinfo.com, for any loss occasioned by violation of the Information Provider Terms and Conditions by yourself, employees, affiliates or any third party obtaining access to the Information Services from you.

10.4 NON-SOLICITATION: The user or subscriber of this service undertakes not to approach the staff, associates or consultants of Workinfo.com for the purpose of:-

1. Enticing them to join the employment of the user or to enter into any business relationship with them, whether as an associate, shareholder, partner, member, director, employee, principal or agent of the user; and/or
2. Endeavoring to obtain Workinfo.com's client base, or other database in the possession of Workinfo.com.

10.5 A breach of this Non-Solicitation clause will result in the immediate cancellation of the users subscription to Workinfo.com.

10.6 Systematic downloading of information on this Server by automated data retrieval programs is prohibited.

10.7 If any user uses content from the Workinfo.com website in breach of the provisions detailed herein:

10.7.1 Workinfo.com reserves the right to claim damages from the User;

10.7.2 Workinfo.com reserves the right to institute criminal proceedings against the User;

10.7.3 Workinfo.com shall not be liable in any manner whatsoever, for any damage, loss or liability from the use of such content by the User or any third party who obtained any content from the User.

11. Disclaimer

11.1 Whilst care has been taken in the compilation of the information provided on Workinfo.com and in its publications, the editors and publishers do not accept responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained herein. In particular, readers who may be affected by any statutory provisions dealt with in this publication should refer to the relevant Government Gazette as originally published.

11.2 NO WARRANTY OF ANY KIND: Workinfo.COM, EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Workinfo.COM, EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE ACCURACY, TIMELINESS, OR ADEQUACY OF THE SERVICES OR THE INFORMATION FURNISHED THEREBY. YOU AGREE THAT IN NO EVENT SHALL Workinfo.COM, BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF THE SERVICES. Workinfo.COM, SHALL HAVE NO LIABILITY FOR LOST PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES, FORESEEABLE OR NOT, REGARDLESS OF WHETHER SUCH DAMAGES RESULT FROM THE FAILURE OR INADEQUACY OF ANY EXCLUSION OR OTHER REMEDY.

11.3 OTHER AGREEMENTS: Accessing or using Workinfo.com signifies the acceptance of this agreement by the party accessing or using Workinfo.com. Oral representations or agreements not embodied in this Agreement are not binding, and this Agreement may not be changed or terminated orally. This Agreement supersedes any preceding agreement between the parties relating to the Services. You acknowledge that Workinfo.com, distributes, but does not generate or edit the content of the information. Workinfo.com, may make available information concerning Workinfo.com users to publishers and other third parties in aggregate. For more information, please see our Privacy Statement.

11.4 WAIVER: Workinfo.com's waiver of any breach of this Agreement or of any Default hereunder shall not be construed as a waiver of any future breach or Default. Failure by Workinfo.com. to enforce any provision of this Agreement, for whatever reason, shall not affect the validity of Workinfo.com's right to subsequent enforcement of that or any other provision of this Agreement.

11.5 GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of South Africa. Copyright © 2000.

11.6 No redistribution of material allowed without the prior consent of the General Manager referred to in clause 4 above.

12. Use of Cookies

To access this site and subscription content, your browser must be set to accept cookies. To set your browser to allow cookies please follow the instructions below: 

IE 5.0 Users and Higher

• Click Tools then Internet Options
• Then click the Security tab then Custom Level
• scroll down to cookies and click Enable and then OK

IE 4.0 Users

• Click View then Internet Options
• Then click the Advanced tab
• scroll down to secutity and click Always accept cookies and then OK

Netscape 4.0x Users

• Click Edit then Preferences
• Then click the Advanced tab
• on the right hand side click Accept all cookies and then OK

* If you have a browser other than the ones listed above it is highly recommended that you update your browser.

© Workplace Performance Technologies (Pty) Limited 2000.

All document files and content on this server ("the data") are copyright of Workplace Performance Technologies (Pty) Limited or made available under license unless indicated to the contrary. Data may not be reproduced, republished, stored, distributed, transmitted, altered or resold except as stated below:

• Documents may be downloaded, and customised for internal company use.
• Illustrations and short extracts of documents may be reproduced if the source is acknowledged, and/or authors give permission and the publisher is notified.
• Documents may be photocopied for internal or personal use.
• Where specific authorisation is given in connection with specific documents.

14. Downloading and Resale of Data

Systematic downloading by automated data retrieval programs is prohibited.

The resale of any data on this server is expressly prohibited without the prior written permission of Workplace Performance Technologies (Pty) Limited.

15. Copyright and Trademarks

15.1 COPYRIGHT AND TRADEMARKS: You will not remove or alter the Workinfo.com trademarks and copyright notices, or related visual marks and logos, from the information provided or from any authorized reproduction of such materials. Nor will you remove or alter trademarks and copyright notices of Workinfo.com,  Information Providers, or allow them to be removed or altered, from any materials delivered as part of the Services, or from any authorized reproduction of such materials.

15.2 Copyright subsists in this work. No part of this work may be reproduced in any form or by any means without the publisher's written permission. Permission is granted to subscribers to reproduce any part of this work for their own research or private study. Any unauthorised reproduction of this work will constitute a copyright infringement and render the doer liable under both civil and criminal law. Whilst every effort has been made to ensure that the information published in this work is accurate, the reporters, editors, publishers and printers take no responsibility for any loss or damage suffered by any person as a result of the reliance upon the information contained therein.

15.3 THIS DOCUMENT AND OTHER DOCUMENTS PROVIDED PURSUANT TO THIS website ARE FOR INFORMATIONAL PURPOSES ONLY. The information type should not be interpreted to be a commitment on the part of Workplace Performance Technologies (Pty) Ltd and Workplace Performance Technologies (Pty) Ltd cannot guarantee the accuracy of any information presented in this document. INFORMATION PROVIDED IN THIS DOCUMENT IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. The user assumes the entire risk as to the accuracy and the use of this document. The data is provided "AS IS" without warranty of any kind. Where applicable, printed versions of data are the definitive versions and should be used for citation purposes. Workplace Performance Technologies (Pty) Limited may make improvements or changes to data and to products and services described by the data.

15.4 Whilst care has been taken in the compilation of this publication, the editors and publishers do not accept responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained herein. In particular, readers who may be affected by any statutory provisions dealt with in these publications should refer to the relevant Government Gazette as originally published.

16. General Disclaimer

16.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Workinfo nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Workinfo makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 4. 

16.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Workinfo that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

16.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Workinfo and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

16.4 All items purchased from Workinfo are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Workinfo to such agents upon delivery of any item to such carrier.

16.5 Neither Workinfo nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

17. Prices

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

18. Value Added Tax

Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on international orders.

This privacy statement discloses the privacy practices for www.workinfo.com .

Workinfo.com is owned and managed by Workplace Performance Technologies (Pty) Ltd a private company duly incorporated in terms of the laws of South Africa.

We agree to notify you of:

1. What personally identifiable information of yours or third party personally identification is collected from you through the web site
2. The organization collecting the information
3. How the information is used
4. With whom the information may be shared
5. What choices are available to you regarding collection, use and distribution of the information
6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Workinfo.com control
7. How you can correct any inaccuracies in the information.

If you have questions or concerns regarding this statement, you should contact us by sending an e-mail to radwat@global.co.za?Subject=Privacy_Policy.

20. Workinfo.com Privacy Policy

Workinfo.com respects the privacy of its customers and the security of the data that customers provide. This privacy policy explains what type of information we collect from our customers, what we do with that information, and how customers can update and control the use of information provided to Workinfo.com. This policy may change in the future without further notice. You are responsible for regularly reviewing this policy so please check it frequently.

We collect and store various kinds of personally identifying information ("Personal Information") from customers of the Workinfo.com website and services (the "Service"). When you register as an Workinfo.com member, we require that you provide us with name and e-mail address. In addition to the information we specifically ask you to provide, we may also collect certain categories of information automatically as part of the operations of this Service, such as the Internet Protocol address of your originating Internet Service Provider, or the type of browser you are using. We also collect aggregate and individual information about the use of our Service, including which pages are most frequently visited, how many visitors we receive daily, how long visitors stay on each page, and the types of content they select and view. A brief description of the information that we collect follows:

"Referrer" - A "referrer" is the information sent by your Web browser that references the Web URL you linked from, and is automatically gathered by our Web server. This information may be used to identify broad demographic trends that may be used to provide information tailored to your interests.

Environment Variables - Environment variables are things such as time, Web browser type, operating system or platform, and CPU speed. This information is generally used to ensure compatibility of our software with your system and to identify broad demographic statistics.

Cookies - Cookies are tiny text files stored on the customer's computer by the Web server and can be read only by the Web server that placed the file. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. Cookies are used for, among other things, to remember the state of site when you left it so that when you return, we can bring you back into the same environment. If you choose not to accept cookies you will be able to use portions of the site, but the customer experience will be signifcantly altered and some features might not function.

GUIDs - A Globally Unique Identifier (GUID) is an alphanumeric identifier. A GUID is used to indicate a unique installation of software and is found in many popular software applications. GUIDs may be used for statistical purposes or to personalize the content, services, and promotions offered to you on this site thereby enhancing your surfing experience. GUIDs may also be used to uniquely identify visitors of this site when they access it.

Operating Metrics - Information regarding the usage of the Software by customers in aggregate such as the average amount of time spent on pages or click-throughs sent. We may use the information to research the customers' habits in aggregate and understand the popularity and effectiveness of the services we offer so we can improve them in the future. We may also use the information on an individual basis to provide helpful tips or special offers (including paid advertising) that are targeted to you.

E-mail – We only collect your e-mail address during the sign up process or should you join a newsletter or discussion group or participate in any online survey. If you enter an e-mail for any other operation (such as sending a View) it is for the use of that function only and we will not store it. You may opt out of any newsletter or mailing service by clicking here.

It is our policy not to disclose the content of private communications except as we believe necessary to comply with the law or legal process or government inquiry.

You acknowledge that material available in publicly accessible areas of Workinfo.com constitute public and not private communications and may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children on or through the Workinfo.com site.

We use Personal Information to provide our Service, to respond to your requests, and to notify you of updated information, changes to our website, or new products and services we offer. We may on occasion send you information about the products and services of other companies we think may be of interest.

We use demographic and service usage information collected from visitors to improve the usefulness of our Service and to prepare aggregate, non-identifying, information used by Workinfo.com and our partners for marketing, advertising, or similar activities.

Except as provided in this Privacy Policy and in the Privacy Policies of eGroups.com (http://www.egroups.com) we will not share your personal information with any third party without your consent. We may provide aggregate information about our customers, website traffic, or related activity for purposes of marketing or promotion.

We may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of Workinfo.com or others.

Other companies that provide services on or through our website, or that advertise or link on our website, may use cookies or collect other information about you when you go to their site. Workinfo.com does not control the collection or use of information by these companies. You should contact these companies directly if you have any questions about their collection or use of information about you.

This Service has security measures in place to protect the data you transmit to Workinfo.com. All user data stored on our servers is password protected and all passwords are one-way encrypted. In addition, employee access to member data is restricted and password protected.

You can review the information you have provided to us on the registration page at www.egroups.com at any time by clicking on the profile button on the site's home page. From time to time, some information may be purged for system or other technical reasons in our sole discretion. You may opt out of any newsletter or mailing service by clicking here.

By using our Service, you consent to Workinfo.com's collection and use of information as described in this policy. If we decide to change our privacy policy, we will post changes on this page. Your continued use of our Service after the posting of any changes constitutes your agreement to those changes.

Please feel free to contact us by e-mail at radwat@global.co.za if you have questions or concerns about this privacy policy or about Workinfo.com's collection of your information.

18. Truth in advertising / indemnification for liability (revised terms)

Advertiser is solely responsible for any legal liability arising out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser represents and warrants that the Advertisement and Link comply with Workinfo advertising standards; that it holds the necessary rights to permit the use of the Advertisement and Link by Workinfo for the purpose of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity. Advertiser agrees to indemnify and hold Workinfo harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Workinfo, arising out of or related to Workinfo's breach of any of the foregoing representations and warranties. Advertiser further agrees to pay all legal fees and costs incurred by Workinfo in defense of any such claim or action. Advertiser hereby renounces all benefits from the exceptions hereinafter specially referred to, and all other exceptions which might or could be pleaded in bar to the validity of the debt or any part thereof, with the meaning and effect of which exceptions advertiser declares him/herself to be perfectly acquainted. In particular, advertiser  renounces all benefits from the legal exceptions "non causa debiti", “locus non effecto apparato”, "non numeratae pecuniae", "de errore calculi", "revision of accounts" and "no value received".