LEGAL NOTICES
Terms and Conditions of access

Definitions

The Company
The Kelly Group (S.A.) (Pty) Ltd., or any of the wholly owned subsidiaries thereof or their affiliates, shareholders, agents, consultants or employees.

Domain Name Service hosting
This term refers to the provision, registration and maintenance of Fully Qualified Domain Names (FQDN) by the relevant regulatory authority or institution per domain name suffix on behalf of The Company or in the name of The Company.

Uniform Resource Locator (URL)
Uniform Resource Locator is an internet naming convention string that describes the location of the information or resources you are currently accessing. This is normally displayed in the "Address" text box of your browser.

Site
This term describes the logical demarcation of Internet Domains and is defined by the FQDN segment of the URL describing the location of the current information. 

By way of example, "HTTP://www.kellygroup.co.za/home.htm" is a URL. 
The site therefore, as determined by the definition above, is " www.kellygroup.co.za ".

Any and all information appearing to the right of the Site reference is considered to be a reference to information, data or media logically hosted within, and belonging to, the site.

LOG-Site
This term specifically refers to a site belonging to The Company as can be ascertained by reference to the relevant Domain Name Service hosting authority.

Linked Internal Sites
Any link, frame, reference or resource location to any LOG-Site from within another LOG-Site.

Linked External Sites
Any link, frame reference or resource location to any site not considered to be an LOG-Site which is accessible from within an LOG-Site. 

Visitor (or "you" or "your")
This term is used to describe you, the visitor to The Company's site, and is defined as any person or entity who either directly or indirectly gains authorised access to any information hosted by the Site or Linked Internal Sites regardless of how that information is displayed to or accessed by the Visitor, hereafter referred to as "the Visitor" or "you" or "your".

Content
All information, data or media contained, presented or hosted within a site.

Content Presentation Software or Hardware
Refers to any hardware device, software program or network infrastructure that provides or allows access and/or presents the information hosted on the Site or Linked Internal Site to the Visitor.

Terms and Conditions of Access

1. Legal Capacity to enter into agreements

a. You hereby warrant to The Company that you have the required legal capacity to enter into and be bound by contractual terms.

b. If you are a minor you must be assisted by your legal guardian(s) when reading these conditions. If you are unsure whether you have the legal capacity to enter into contractual agreements, you must discontinue use of this site until you are certain you have the legal capacity to do so.

2. Acceptance

a. By accessing or making use of an LOG-Site or service offered by an LOG-Site you hereby agree to be bound by the terms and conditions as laid out herein.

b. These conditions become effective when you access the site for the first time and constitute a binding agreement between The Company and yourself, which will always prevail.

c. The current version of these conditions will govern The Company's respective rights and obligations each time you access this site.

i. "Current version" refers to the currently retained version of the conditions as originating from this site at the current date a time of query.

ii. No other copy, whether downloaded, archived, reproduced or cached by any method, will be considered the current version.

3. Privacy and Security Statement

a. Submission of information

i. Some sections of the site may offer services which require the collection, collation, processing or disclosure of personal information as may be entered by you, for which specific conditions may apply, as indicated in the relevant section in which the service is offered.

ii. Some sections of the site may request anonymous input from you for various reasons as indicated in the relevant section in which this request is made.

b. With regards to the statements in 3)a), you hereby give The Company your express permission to collect, collate, process or disclose this information, both personal and anonymous, submitted by you for the express purposes as indicated in subsections 3)c) and 3)d).

c. The personal information submitted by you will not, without your express permission;

i. be revealed to any third-party organisation or entity unless The Company are required to do so by law or court order to that effect nor;

ii. will such permission be requested without full disclosure of the specific purpose for which it will be used.

d. Your personal information and details will be used by The Company only for the purposes of;

i. Processing your requests;
ii. Facilitating any transactions and ensuring completion thereof;
iii. Submitting to you any information The Company feel may be pertinent to ensure quality of service to you;
iv. Providing you with marketing information relative to:

i. services offered by The Company or;
ii. services offered by third parties;

v. Usage monitoring as laid out in section 0;
vi. Service specific usage as may be indicated by terms and conditions specific to that service.

e. In the event of a conflict between these conditions and those indicated as relating specifically to the service is being offered, the service conditions will apply;

f. In the event no conditions have been stipulated for that section of the LOG-Site in which the service offering resides these conditions will apply.

g. Security of personal information

i. The Company has taken measures to ensure your information remains secured against unauthorised access
ii. Such measures include, without limitation

i. Fully de-militarised zone with regulated, monitored and managed access via firewall technology
ii. Managed security service centre for prevention, detection and reaction to unauthorised access attempts

4. Usage monitoring

Subject to the terms of section 3), in order to improve on various aspects of The LOG-Sites or any Internal Linked Site The Company may gather and analyse information on the Visitor's access methods and general navigation and use of an LOG-Site or service.

i. The information is collated in such a fashion as to keep your personal identity, behaviour or patterns of usage unidentifiable.

5. Information Sources and Integrity

The information provided on this site and on any Linked Internal Site is provided "as is" for informational purposes only. No information should be treated as an offer of any sort other than an opportunity to do business with us.

6. Sources of information may be out of The Company's control as such The Company cannot be held responsible for their content.

a. Linked External Sites

i. The presence of a link or frame or reference to a Linked External Site within this site does not indicate or imply that The Company has analysed, evaluated or endorsed the owners or administrators of the Linked External Sites, their business or security practices and operations or the suitability of the content provided.

ii. While The Company endeavours to ensure that only suitable sites are accessible via links from The Company's site, The Company cannot guarantee that any such site will not either in itself or via links to other external sites contain suitable, acceptable or legal content and

iii. The Company will not be responsible for the suitability or integrity of external content accessible via Links, Frames or references to third party or external sites from this site, nor will The Company be held liable for any loss or damages incurred through any actions or decisions taken by yourself as a result of having accessed such information.

b. Linked Internal Sites

i. The information, media and services contained within and offered by this site and Linked Internal Sites is subject to change without notice and

ii. The information, media and services contained within and offered by this site may have limits imposed upon the access restrictions, availability and usage of such without notice and

iii. The Company will not be held liable for any loss or damages incurred by you as a result of such a change.

c. The information provided on any Linked External Site is not subject to these terms and conditions but may be subject to terms and conditions specific to that site. Be sure to check each new site for their terms and conditions of access and privacy statements.

d. The Company cannot be responsible or held accountable for the context or content, either express or implied, surrounding or associated with a link to an LOG-Site from an external source.

i. The context or content, express or implied, which may be associated with any page containing a reference or link to this site, either with or without express permission as laid out in 5.b), will not be considered to be known to, endorsed by or otherwise associated with The Company unless expressly indicated as such from within the LOG-Site.

7. Intellectual Property

a. The Company retains all copyright and other intellectual property rights in all material, including documents, logos and other graphics and multimedia works published on or presented via The LOG-Sites.

b. No intellectual property as described in 6.a) may be referenced either by Link, Frame or otherwise reproduced without the express written and signed permission of The Company

c. Request for permission to reference via link, frame, resource location or otherwise reproduce intellectual property on this site or any Linked Internal Site can be sent to webmaster@kellygroup.co.za .

d. Once received this request will be processed and The Company may or may not choose to enter into further correspondence or discussions with you at their discretion.

e. Should you not receive a written response within five business days of submission consider your request as having being rejected.

f. Irrespective of the existence of copyright, you acknowledge that The Company is the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.

8. No warranties or representations

a. We do not warrant that the site, Linked Internal Site or online services will be free of error, unambiguous or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.

b. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, year 2000-compliance, non-infringement, compatibility, security and accuracy.

9. Disclaimer and limitation of liability

Although The Company has taken care to provide you with information in a format that is comprehensible and content that accurate, this site, any internally linked sites and the services provided herein are provided "as is". 

Use of this site and any internally linked sites and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this site and your reliance on the material and information contained on it. 

The Company is not liable for any damages whatsoever relating to your use of this site or the online services or the information contained on this site. Furthermore the company is not responsible for your inability to use this site or any linked internal site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether the company were expressly advised of the possibility of such loss or damage. 

In addition to and without derogating from the generality of the above, the company will not be liable for:

a. Any interruption in communication, business continuity, service provision or malfunction, downtime or other failure of the site or online services, the company's network infrastructure, systems, databases or any of their components, for whatever reason;

b. Any loss or damage with regard to customer data or any other data directly or indirectly caused by

i. An interruption in communication, business continuity, service provision or malfunction of the company's system or third party systems;

ii. Power failures, unlawful access to or theft of data, computer viruses or destructive code on the company's system or third party systems;

iii. Programming defects or negligence on the company's part;

c. Any interruption in communication, business continuity, service provision or malfunction, downtime or other failure of services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, hardware or software vendors or suppliers, local authorities and certification authorities;

d. Any event over which the company has no direct control.

10. Dispute resolution

a. Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

b. That arbitration will be:

i. held in accordance with the rules of the Arbitration Foundation of Southern Africa or it's successor in title ('The Foundation');

ii. held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa, in the English language;

iii. heard by an arbitrator or arbitrators appointed by the foundation

c. Either party will be entitled to have the award made an order of court of competent jurisdiction.

d. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated.

e. The arbitrator will have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.