Terms and Conditions of Use
We take pride in offering complete customer support for our products and services. There are, however, some limitations as to what we can do:
- We offer free support for all Products for 1 month from the date of purchase.
- We offer free support for all Products during the course of any project on which we are involved.
- We can not offer free support for Products that have been significantly altered and/or customised.
- Support is limited to replacement of product.
- Support will be charged on a time and material basis at our rate prevailing at the time.
Because our Product are delivered in a “ready to use” format, we cannot offer any refund on products sold.
BY SIGNING ONTO TALENTALIGN.COM AND USING ANY PRODUCT OR TOOL, EVEN THE FREE INFORMATION, YOU FULLY ACCEPT ALL THE TERMS AND CONDITIONS AS SET OUT IN OUR AGREEMENT SUMMARIZED BELOW. If you do not accept these terms and conditions, then you are not permitted to access any of the TalentAlign.com products and services, even the free information. Click here for a printable detailed version of our Terms and Conditions.
Usage Agreement – Summary
You must agree to all of the terms and conditions contained in this agreement to become a user, which in turn permits you to access TalentAlign.com’s products and services (the “Products”) on the TalentAlign.com web site. By navigating to content pages, you agree to the terms of this agreement, just as if you had signed this agreement. If you do not wish to be bound by this agreement, please do not navigate to content pages.
TalentAlign.com may, in its own discretion, change or discontinue any aspect of the services at any time, including, its content or features. TalentAlign.com reserves the right to change the Terms and Conditions applicable to use of the Products. Such changes shall be effective immediately upon notice, which shall be placed on the website. Use of the Products and Services after notice shall be deemed to be acceptance by User of such changes.
2. Limited License.
(a) TalentAlign grants to the User, subject to the further terms of this Agreement, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content constituting the Services for the User’s personal, non-commercial and information purposes only, during the term of this Agreement on the terms and conditions set out in this Agreement, for purposes for which it was designed and licensed.
(b) For the purposes of this Agreement, “personal” and “non-commercial” use shall include but be restricted to the User’s right of use in the ordinary course of User’s business or profession.
(c) Subject to the further provisions of this clause, this Web Site and the Services may not be reproduced, duplicated, copied, resold, visited, alienated or otherwise exploited for any commercial purpose without the express written consent of TalentAlign.
(d) All the forms and resulting documents are, and remain the copyright of TalentAlign. Furthermore the copyright notice and document reference details at the end of each document shall not be removed or altered in anyway by the User, and shall be included on all the forms and resulting documents created by the User from the original document.
(e) The User may not:
i. use the Services or part thereof in the presentation of any course or seminar without the prior written consent of TalentAlign.
ii. rent, lease, loan, sublicense or distribute access to content on or use of the web site or the Services; and/or
iii. modify the web site or the Services or disable any licensing or control features of this web site; and/or
iv. translate, adapt, vary, or modify the web site or the Services; and/or
v. decompile, reverse engineer, disassemble, or create derivative works based upon web site or the Services; and/or
vi. frame nor use framing methodologies to enclose the Web Site or the Services nor any part thereof without the express written consent of TalentAlign.
(f) TalentAlign does not offer products or services to minors. If the User is under 18, he/she may not make use of any Services in the Web Site.
(g) TalentAlign, its affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
(h) A breach of any of the conditions of this clause constitutes a material breach, and terminates this License.
3. User Obligations.
(a) The User shall use the services solely under the guidance of and in accordance with the methodologies and procedures prescribed by TalentAlign. Any changes to the prescribed methodologies and procedures that the User would like to implement must be agreed in writing by TalentAlign prior to adopting the procedures.
(b) The User must inform TalentAlign promptly of changes in any Registration information, including change of address and bank details and details of all personnel authorised to use the website as well as their access rights, as well as removal of personnel no longer authorised to use the website for whatever reason.
(c) The User undertakes to:
(i) ensure that the material as provided for in clause 6, is not circulated to unauthorised persons in any form,
(ii) keep the material in a safe place at all times, and
(iii) ensure that all persons who have access to this material agree to and will comply with all the conditions herein set out.
(d) The User agrees to pay all subscription fees and surcharges incurred while using any supplemental Services and other charges incurred by the User or on the User’s account, including applicable taxes, at the rates in effect during the billing period in which the charges were incurred. Current fees and charges are available from TalentAlign. TalentAlign reserves the right to change the charges, effective upon 30 days notice to its Users. Such notice shall be made by a general statement on the website. Should TalentAlign in its sole and unfettered discretion issue the User with User Names and Passwords to access the provision of personalised services or products on the Web Site, each subsequent User is responsible for:
(i) maintaining the confidentiality of that User Name and Password,
(ii) logging-off at the end of each Password-protected session;
(iii) restricting access to that work station.
(e) TalentAlign uses industry-standard 128-bit Secure Sockets Layer (SSL) encryption software on Secure Servers to process Credit Card and other sensitive financial information. TalentAlign uses the services of Paypal for all transactions. Please ensure that your company has a Paypal account. In order to safeguard User information, always protect against unauthorised access to the User’s work station and access User Name and Password, do not use any software facility which enables auto-completion of User Name and Password details for later use, and always log-off Secure Server sessions once the transaction is complete. If a User believes that any userid(s) or password(s) has(ve) been disclosed to a third party, User must promptly inform TalentAlign to avoid liability for unauthorised charges to the User’s account. Until TalentAlign is notified, the User will remain responsible for any unauthorised use of the User’s account.
Subscription to the Services is as per the pricing information available on the website.
TalentAlign.com may terminate non-subscription User’s access at any time for any reason.
The provisions regarding Copyright Permissions, Disclaimer of Warranty, Accuracy of Information, Limitation of Liability, Indemnification, and Third Party Rights shall survive.
5. Copyright Permissions.
The contents of the Service are copyrighted under the copyright laws of South Africa and further foreign and International laws and conventions. Except as expressly provided below, the User agrees to not copy, redistribute, or publish any part of the Services.
The User may make one copy of the information from the Service for own use, and one copy of the information for archival purposes, provided that the name of TalentAlign appears on each printed page, and User maintains all copyright and other notices.
Other than already provided for in this clause, no part of the Services may be reproduced, stored in a tangible or electronic archive and/or retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of TalentAlign including but not limited to:
A. information storage and retrieval systems;
B. recordings and retransmittals over any network (including any local area network);
C. use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
D. posting any Product to any other online service (including bulletin boards or the Internet); or
E. sublicensing, leasing, selling, offering for sale or assigning the Product, or incorporating any part of the Product into products offered by the User.
A breach of any of the conditions of this clause constitutes a material breach, and terminates this License.
6. Disclaimer of Warranties.
TalentAlign makes no warranties with respect to the Services and/or information contained therein. Although TalentAlign takes reasonable steps to ensure the accuracy and relevance of the information and to prevent and/or avoid damage and/or invasion by malicious code (which shall include without limitation viruses, worms, and Trojan horses), TalentAlign does not guarantee or warrant the information or the properties of the data files. TalentAlign holds itself free of any risk of use of the information provided in the Services.
TalentAlign.com does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Products.
TalentAlign does not warrant that the functions or services performed by the Services will be uninterrupted or error free, or that defects in the Service will be corrected. The Services are provided on an “as is, as available” basis. TalentAlign does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Services, or any products or services sold through the Service.
TalentAlign does not warrant that the content, the web site or the Services are legally provided in any jurisdiction other than in South Africa. It is the User’s obligation to ensure that access to the web site, the content and the Services is legal in the applicable jurisdiction, failing which the User is not allowed access to this web site, and the Limited License is automatically revoked without requirement of notice thereof.
7. Accuracy of Information.
The Services reflects data collected from many organisations. Although every effort is made to ensure that it is accurate in every respect, TalentAlign and its Content Providers, do not guarantee the accuracy or completeness of any of the Services, or of the information contained in the Services. TalentAlign and its Content Providers do not endorse and are not responsible for any statement, opinion, advice given or made on the Services by anyone other than authorised TalentAlign and/or Content Provider spokespersons.
This web site, its contents and the Services do not constitute opinions or advice. All information contained thereon represents the providers’ own views, are not necessarily those of TalentAlign, and the User is urged to seek professional advice for specific, individual situations and not to rely solely on the content provided on this web site or given on the Services.
8. Limitation of Liability.
TalentAlign and its Content Providers are not liable
(i) for any direct, incidental, consequential or indirect damages (including but not limited to, damages for lost profits, business interruption and loss of or damage to Information Systems) arising out of the use of or inability to use the Services, or any information provided on the Service, and/or
(ii) for any claim attributable to errors, omissions or other inaccuracies published on the Services.
User agrees to indemnify, defend and hold harmless TalentAlign.com, its affiliates, content providers, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of the use of the Products by User or User’s account.
10. Third Party Rights.
The provisions regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of TalentAlign.com, and its affiliates, content providers, licensors, employees and agents. Each shall have the right to assert and enforce those provisions against a User.
TalentAlign may deliver notices on the Services by electronic mail, on the Internet or by written communication to User’s address. Users may give notice to TalentAlign by electronic mail at firstname.lastname@example.org by mail to TalentAlign Administration, 29 High Riding Estate, Sir Lowry’s Pass, Cape Town, 7130, South Africa.
This Agreement may be cancelled by either party only for failure to perform its terms, and then only with 30 days prior written notice specifying the grounds for termination, except that TalentAlign may terminate this Agreement immediately for any material breach as provided for in this Agreement.
Despite termination of this Agreement, the provisions regarding Copyright, Limitation of Liability, Payment, Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights shall survive and remain of full force and effect.
On termination, the User agrees to remove and/or destroy all copies of the products and services stored at User site and/or on User electronic storage systems, and shall provide TalentAlign with written confirmation that this has been done within 14 (fourteen) days of termination of the agreement.
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this Agreement; accordingly, that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
14. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties with regard to the matters dealt with herein and no representations, terms, conditions or warranties express or implied not contained in this Agreement shall be binding on the parties.
15. Variation and Cancellation.
No agreement varying, adding to, deleting from or cancelling this Agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
16. General Provisions.
Any provision in any memorandum received by TalentAlign.com in connection with the Product which is inconsistent with, or adds to, the provisions of this Agreement is void. Neither of the parties’ course of conduct or trade practice will modify the terms of this Agreement
If any term or provision or part thereof (in this clause called “the offending provision”) contained in this Agreement shall for any reason whatsoever be declared or become unenforceable, invalid, or illegal including but without derogating from the generality of the aforegoing, a decision by any court, an Act of Parliament or any statutory or other by-laws or regulations or any other requirements having the force of law, the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing therein.
18. Governing Law.
This Agreement and the resolution of any dispute arising hereunder shall be governed and construed in accordance with the laws of the Republic of South Africa. The User consents to the jurisdiction of the Magistrates Court, Cape Town
This Web site contains links to other Web sites, which are provided as resources for the convenience of users. Because TalentAlign.com is not responsible for maintaining these sites, please direct your concerns about any of the linked sites to that site’s administrator.