Terms and Conditions
Legal Terms and Conditions for the Footgear Direct Hire Website
You may Access the Sites (defined below) on condition that You accept these Terms and Conditions as they are and without any modifications to them by You. These Terms and Conditions are a binding contract between You and Us so it is very important that You read them carefully and ensure that You understand and accept them.
If You Access the Sites, We will take that to mean You have read and understand these Terms and Conditions and agree to them. If You do not agree with any provision contained in these Terms and Conditions, please do not Access the Sites.
We reserve the right, in our sole discretion, to, and You agree that We may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on This Website and notify You by way of notice on this Website and on any other Sites (where applicable) that the Terms and Conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on this Website.
It is your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites.
Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an "electronic transaction" with Us on the Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act grants You.
The employment opportunities offered by Footgear are indicated on this Website, as updated from time to time.
The main purpose of this Website is to allow the User to view and apply for opportunities as advertised on this Website.
We reserve the right to withdraw or amend any of the employment opportunities as displayed on the Website in Our sole and absolute discretion and at any time, without notice to You.
Important provisions pertaining to legal liability
These Terms and Conditions contain provisions which limit Our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these Terms and Conditions.
It is therefore important that You familiarise yourself with these provisions before You Access the Sites and that You not Access the Sites if You do not agree to abide by those provisions.
You are free to stop Accessing the Sites at any time without notifying Us
Content accessible through the Sites may not be appropriate for all users and while We take steps to monitor and remove objectionable Content, it remains solely your responsibility not to consume inappropriate Content or to prevent underage users from Accessing this Content where it is within your control to do so.
When You register on the Sites You may be asked to select a user name and password which You will use to secure your account. Once registered You will be able to log into your account using your user name and your password or your relevant account information with your preferred authentication service.
You warrant that the Registration Data is accurate, current and complete (this includes Registration Data We may receive from the providers). You will be denied Access to the Sites should You breach this warranty or subsequently be found to have breached this warranty.
We may take steps to verify your Registration Data once You have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by 3rd parties (including, but not limited to the Social Networks) which may be required to reasonably complete the verification process. You acknowledge and agree that Access to the Sites may be limited until such time as the verification process has been successfully completed.
Should You not agree to the verification process as contemplated above or withhold your consent, your Access to the Sites, generally, may be suspended or terminated and You waive any claims You may have against Us, Footgear Associates, Our officers, directors, employees, servants, agents and/or contractors arising out of Our denial of Access to You to the Sites.
You agree that the security of your account is solely your own responsibility. You further agree that:
- You are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current and complete;
- if You believe that information or Content Posted to the Sites infringes on any person’s rights in any way, You will notify Us immediately;
- if You believe the security of your registration on the Sites has been compromised in any way, You will notify Us (in the case of This Website) or the relevant provider (in the case of the Branded Sites) immediately;
- You shall be held fully responsible for any misuse or compromise to your account which We are not properly notified about; and
- if any security violations are believed to have occurred in association with your account, We reserve the right to suspend Access to your account pending an investigation and resolution.
The User warrants that all orders for Goods placed in relation to the Users account are made by the User or with the Users express consent and that the User will be responsible for the payment of any orders for Goods in respect of the User’s account.
Users’ code of conduct
You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions.
You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers’ terms
You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, You agree not to:
- engage in any abuse of email or spamming, including, without being limited to – the Posting or cross–Posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who You may be connected to using 3rd party services (including, but not limited to the Social Networks) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us);
- engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where We expressly authorise such activities in writing;
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything Posted through the Sites;
- use the Sites to Post anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
- use the Sites to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of scam such as "pyramid schemes" and "chain letters";
- use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
- use the Sites in any manner which could damage, impair, overburden or disable the Sites or interfere with any other party's Access to the Sites;
- use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
- violate the privacy of any person or attempt to gain unauthorised Access to the Sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
- otherwise use the Sites to engage in any illegal or unlawful activity.
Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then We shall be entitled, without prejudice to any other rights We may have, to:
- without notice, suspend or terminate your Access to the Sites to the extent your Access to the Sites is within our control;
- hold You liable for any costs or damages We incur as a result of your misconduct; and/or
We shall take reasonable steps to protect your personal information. For the purposes of this clause "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
What We collect
We may electronically collect, store and use personal information. If You don't consent to the collection and storage of Your personal information, please do not Access or register on the Sites. Before any of Your personal information is used, you will be asked to consent to these Terms and Conditions. This is in compliance with the POPI Act. By consenting to these Terms and Conditions You are also consenting to Us using your personal information as detailed below. This personal information includes, but is not limited to, the following:
- name and surname;
- date of birth;
- address and contact details including your – • email address;
- country of residence;
- area or postal code;
- contact number;
- educational qualifications;
- employment history;
- non–personal browsing habits and click patterns; and
- IP address.
What We do with your personal information
We collect, store and use the personal information described in order to (but not limited to the following) –
- enable Us to provide the Services offered on the Sites;
- enable You to create personal profile on the Sites and thereby Access the Sites;
- enable You to make use of the Sites in the manner described on the Sites, from time to time;
- enable other website users to find You on the Sites and connect to You;
- communicate requested information to You, for example through user alerts;
- communicate information to You regularly, for example through newsletters;
- compile and maintain the Sites and member database;
- register and/or authenticate Users of and/or visitors to the Sites;
- identify and take reasonable measures to prevent fraudulent uses of or Access to the Sites;
- compile non–personal statistical information about browsing habits, click patterns and Access to the Sites;
- attract advertisers by showing anonymised information about the database, for example demographics;
- track database size and growth; and
- track compliance of registrants and 3rd parties with these Terms and Conditions.
Footgear only shares personal information with other companies or individuals outside of Footgear in the following limited circumstances:
- Footgear has your consent;
- Footgear has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to
- satisfy any applicable law, regulation, legal process or enforceable governmental request,
- enforce applicable Promotional Competition Rules, including investigation of potential violations thereof,
- detect, prevent, or otherwise address fraud, security or technical issues, or
- protect against harm to Footgear ’s rights, property or safety or of its users or the public as required or permitted by law.
We may collect, maintain, save, compile, share, disclose and sell Your personal information subject to the following:
- We shall disclose the information without your consent only where We are compelled to do so by law; and
- We may compile, use and share any of the information that does not relate to a specific individual.
By accepting the Terms and Conditions, You agree to Footgear , Our Franchisee, agents and 3rd party service providers sending you information about Goods, special products and services in the future. You may elect to change this choice in the future by contacting Us with this request, although it may also be necessary to contact any other organisations which have obtained your information to indicate your choice at this stage.
You may request details of your personal information which We collect, store and use. The process You should follow is detailed in our Promotion of Access to Information manual, details of which are set out below.
Personal information collected from You may be deleted from the Sites and member databases when your account on the Sites are terminated for any reason
In the event that your personal information is inaccurately or incompletely reflected on the Site, You agree that it is your responsibility to notify Us of this fact and to supply Us with the accurate or complete information to enable Us to address your concerns.
Footgear .mcidirecthire.com uses all features of Analytics for “Display Advertisers” this allows us to collect certain information and to provide visitors (You) with tailored information upon each visit. This includes obtaining specific visitor cookie data, such as the source, medium and keyword used to visit this Website. Google Analytics however does not store any visitor specific data and We will not use visitor specific data in any way related to Analytics,Google Ad-words, and Remarketing. Cookies are a common part of many commercial websites that allow small text files to be sent by a website, accepted by a web browser and then placed on your hard drive as recognition for repeat visits to the site. Every time You visit this Website, Our servers, through cookies, pixels and/or GIF files, collect basic technical information as described.
Footgear .mcidirecthire.com uses remarketing with Ad-words and Analytics to display content specific advertisements to visitors that have previously visited this Website when those visitors go to other websites that have the Display Network implemented.
Footgear .mcidirecthire.com and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on visitor’s past visits to Our Website.
We take our Users’ privacy very seriously. We feel that certain personal information should always be kept private, so We have developed restrictions around the types of ads where We don’t allow remarketing. When creating remarketing lists, We cannot use any sensitive information about Users. This includes information such as their financial status, sexual orientation, and other sensitive categories.
As Ad-word advertisers, We are restricted from and will not perform the following actions:
- Running ads that collect Personally Identifiable Information (PII) including, but not limited to, email addresses, telephone numbers, and credit card numbers; and
- Creating a remarketing list or creating ad text that specifically targets Users in ways that are outlined as “prohibited” in the categories below.
Creation, migration and use of Remarketing Lists
We must have all rights necessary to create or otherwise obtain Remarketing Lists, migrate Remarketing Lists to, and use Remarketing Lists or Similar Audience Lists on the Properties. Google will not allow another advertiser to use your information in the Remarketing Lists or Similar Audiences Lists without your consent.
DISCLAIMERS AND LIMITATION OF LIABILITY
(“We” and “us” in the context of this disclaimer and limitation of liability includes Footgear , their affiliated companies and subsidiaries)
your use of and reliance on the sites is entirely at your own risk. The sites are provided "as is".
Although we take steps to verify information presented on or through the sites, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through the sites or the content other users may publish to the sites. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right,
in our sole discretion, to correct any errors or omissions on the sites without notice to you.
Information, ideas and opinions expressed on or through the sites should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on such information.
To the fullest extent permissible by applicable law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the sites (or the sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the sites.
Whilst we take reasonable precautions in our operation of the sites, you agree that neither we or Footgear ’s associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of these terms and conditions, your access to the sites or from your inability to access the sites.
We will use reasonable endeavours to make the sites available to you and keep the sites available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to the sites (either in part or as a whole) for any reason whatsoever.
In the event that we are found to be liable, our liability to the user or any third party in any circumstances is limited collectively to r5 000.00 (five thousand rand).
You hereby indemnify us and Footgear s associates from any loss, damages, liability, claim or demand due to or arising out of your use of the sites or breach by you of these terms and conditions.
We are not responsible for files and data residing on your account or for any contributions you may have made to the sites. You agree to take full responsibility for files and data transferred and your content as well as to maintain all appropriate backup of files and data stored on our servers.