Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions shall be for the benefit of ESPAN WORKPLACE (PTY) LTD (herein referred to as ESPAN) and may be waived by ESPAN in its discretion.
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
- The content of this site is proprietary to ESPAN. The content on the site and generated by users does not constitute any form of legal or other advice, recommendation or arrangement by ESPAN or its associated information providers and is not intended to be used for any investment or other decisions. Expert advice should be sought before making any such decisions or using the information for any specific purpose.
- You agree to indemnify, defend, and hold harmless ESPAN, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. ESPAN shall not be liable for any specific or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the service providers, suppliers, services and products.
- ESPAN does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ESPAN is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ESPAN reserves the right to block or remove communications or materials that it determines to be (i) abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or; other intellectual property right of another or (iv) offensive or otherwise unacceptable to ESPAN in its sole discretion.
- The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person
- The Company does not accept any responsibility or liability for any information or material which you submit to the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to ESPAN
- You acknowledge that your use of the ESPAN Service and Website solely at your own risk
2. No warranty as to identity of member
You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the ESPAN is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with those using and having profiles on the Website.
Users of the site understand that it is your responsibility to ensure that the profile you create is complete, accurate, and meets your specific needs. ESPAN is not liable or responsible for any profiles created using our services, and we give no representations or warranties, express or implied, that the profile created using our service are complete, accurate or free from errors or omissions. You agree that you will not upload or post onto your profile or the Website any content which (i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion or (ii) depicts, describes, identifies or alludes to any person other than yourself.
ESPAN is a family friendly site, and we DO NOT intentionally accept or allow the following types of information into our website programme: gambling, adult content (porn, soft porn, sites with adult ad's), pharmaceutical (recreational or illegal drugs, Viagra, male/female enhancement, etc.), hate, link farms or Spam Sites. If you sell any of these products or services and we find out, we will cancel your ESPAN membership without hesitation. We do not need to explain our decision or reasons if we reject or cancel any membership.
When using our ESPAN profile generator service you will be opted-in to receive periodic email updates, tips and suggestions we believe will help build, grow and enhance your profile and service offering as well as regarding new or changed products and services. You may unsubscribe at any time by clicking on the "Unsubscribe or Modify my subscription" link at the bottom of any email sent. ESPAN may deliver notice to you by means of e-mail, a general notice on the site, or by any other reliable method to the address you have provided.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the South African and other copyright laws, and is the property of ESPAN. The collective work includes works that are licensed to ESPAN. Copyright pending, ESPAN ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ESPAN or purchasing our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ESPAN. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of ESPAN used in the site are trademarks or pending trademark registrations of ESPAN.
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ESPAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ESPAN does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ESPAN does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
ESPAN offers the following guarantee. If you purchase an ESPAN, product or service, and for some reason you decide that you would like a refund, you have 10 days to request a refund. If you request a refund within 10 days from the date of purchase, ESPAN will give you a full refund of your purchase price for the, product or service. If you do not request a refund within the 10 day refund period, you forfeit this option and will not be eligible for a refund. We do not offer refunds on any additional services that you may purchase in the members area once you are a member or for services acquired from one of the service providers offering services on the ESPAN site.
10. Typographical Errors
In the event that an ESPAN product is mistakenly listed at an incorrect price, ESPAN reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ESPAN reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ESPAN will issue a credit to your credit card account in the amount of the incorrect price.
11. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ESPAN without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the Republic of South Africa without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ESPAN products or services) shall be in the Republic of South Africa. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ESPAN products) must be commenced within one (i) year after the claim or cause of action arises. ESPAN's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ESPAN may assign its rights and duties under this Agreement to any party at any time without notice to you.
13. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an ESPAN or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
14. Interaction with members
You are solely responsible for your interaction with other members of the Service.
15. Online Security
- Exposure to Viruses: You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of ESPAN.
- Data security: Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
16. Third-Party Links
In an attempt to provide increased value to our visitors, ESPAN may link to sites operated by third parties. However, even if the third party is affiliated with ESPAN, ESPAN has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ESPAN. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ESPAN seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
17. Password Security
As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easy to guess and for keeping your password safe, and agree not to transfer or resell your use of or access to the website to any third party. If you have reason to believe that your ESPAN profile and account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
18. Use of Images and Digital Content
If you provide any photographs, material, information, videos or digital content to ESPAN, including via your profile, you acknowledge and agree that ESPAN may:
- reproduce, use, copy, perform, display, distribute and exploit the material, information or content;
- prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
- licence other third parties the same rights granted to ESPAN stated above in (a) and (b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
19. Verification of Identity
We may from time to time request a form of identification to verify:
- your identity;
- the information provided by you;
- your payment or billing information; and/or
In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorise ESPAN to charge those fees on a recurring basis (within a reasonable time prior to the expiration of your current subscription). In that case, ESPAN will cease charging fees upon its receipt of your written notice that such authorisation has been terminated. Any such notice shall not affect charges made before ESPAN could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
When using third party payment services, you must accept and abide by the terms and conditions of those payment services.
If you have any queries or concerns, contact us on firstname.lastname@example.org.