Website Terms of Use

These Terms of Use apply to the entire contents of the website: hctalent.co.za (“Website”) that are owned by Human Capital Talent (“HCT”, “Us”, “We” and/or “our”). Use of our Website includes accessing, browsing, or registering to use this Website and doing so indicates that you accept these Terms of Use regardless of whether or not you choose to register with Us. If you do not accept these Terms of Use in full, you must leave the Website immediately.

1. General
These Terms of Use reference the following terms and policies, all of which also apply to your use of the Website:

Our Privacy Policy, in which We set out the terms on which We collect and process personal information from you or which you provide to Us.

2. Disclaimer
You use this Website at your own risk. HCT provides the content, information and material on the Websites “as is” and on an “as available” basis without any warranties or other terms of any kind. HCT disclaims the implied warranties of merchantability and fitness for a particular purpose. HCT does not warrant that the Website will operate without interruption or that they are free from errors. We will not be liable if for any reason the Website are unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, reasons beyond our control or any other reason.

You are also responsible for ensuring that all persons who access our Website through your internet connection and/or your account are aware of these Terms of Use, and that they comply with them.

While We endeavour to ensure that the information on the Websites is correct, we do not guarantee the accuracy or completeness of the material on the Website. The material on this Website may be out of date, and We do not make any commitment to update this material. We may make changes to the material on the Websites or to any services, products or prices described in it, at any time and without notice.

We also do not warrant that the Website, or websites which are linked with this Website, are free from computer viruses or any other malicious or impairing computer programs.

3. Intellectual Property and Content
HCT reserves all rights not expressly granted. HCT either owns or has been licensed to use the copyrights and trademarks in these Websites. These Terms of Use do not grant you any intellectual property rights in the Website, or HCT. This Website shall remain its property and you may not use them other than as set out in these Terms of Use.

No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.

Use of any extracts from this Website is prohibited. In particular, you are not in any event permitted to:

  • publish, distribute or otherwise reproduce in any format any of the content or copies of the content of the Website;
  • use any content from this Website in connection with any business or commercial enterprise including, without limitation, any media business or enterprise except as permitted by our Standard Terms and Conditions; or
  • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or any documentation accompanying such software, or other content available on or through the Website.

If you breach any of these Terms of Use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

4. Visitor Conduct
You are prohibited from posting or transmitting to or from this Website any material or doing anything in connection with your use of the Website:

  • which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party anywhere in the world;
  • that is in any way threatening, defamatory, offensive or obscene, indecent, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, copyright, privacy or any other rights;
  • for which you have not obtained all necessary licenses and/or approvals;
    which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
  • which involves misusing the Website (including without limitation by hacking) or which attempts to affect the performance or functionality of any computer facilities of or accessed through the Website;
  • which involves sending any unsolicited advertising or other promotional material, commonly referred to as “Spam”.
  • which infringes the privacy rights of any third party or person through any action taken by you, including but not limited to uploading personal information without the third part or person’s consent and/or knowledge.

You must not attempt to gain unauthorized access to our Website, the servers on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them or locate anyone posting any material in breach of these Terms of Use. In the event of such a breach, your right to use our Website will cease immediately.

You must report unauthorised use or suspected compromise of the username and/or password to HCT immediately.

We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Websites constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Websites.

You shall fully indemnify HCT, our officers, directors, employees, shareholders, affiliated companies including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in the section of these Terms of Use entitled: “4. Visitor Conduct”.

5. Links to and From Other Websites
Any links to third-party websites on our Website are provided solely for your convenience. If you use these links, you leave Our Website. We have not reviewed all of these third-party websites and do not control, and are not responsible for, these websites or their content or availability. We do not therefore endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to Our Website, you do so entirely at your own risk.

If you would like to create a link to our Website, please contact Us first at info@hctalent.co.za to request permission. Any links to this Website may only be on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of our trading names and logos;
    you do not create a frame or any other browser or border environment around the Websites;
  • you do not in any way imply that We are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with Us, nor present any other false information about Us;
  • you do not otherwise use any trademarks and trading names displayed on the Websites, without our express prior written permission;
    you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive, controversial or, in our opinion, is or is likely to be detrimental to our reputation, infringes any intellectual property or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke any right which We grant to link to the Website at any time including without limitation for breach of any of these Terms of Use, and to take any action that We deem appropriate.

You shall fully indemnify HCT, our officers, directors, employees, shareholders, affiliated companies including its subsidiaries and agents for any loss or damage suffered as a result of breach of your obligations in the section of these Terms of Use entitled: “5. Links to and From Other Websites”.

6. Liability
We and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption), and whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • these Websites or their use;
    The Online Assessment System and its use;
  • the appropriateness of the Websites including but not limited to the completeness or accuracy of any Reports;
  • your, or any Participant’s, inability to use this Website or the results of any psychometric assessments provided through it; and/or
  • any websites linked to this Website or the material on such websites.

If you are a consumer, please note that We only make our Website available to you for domestic and private use. You agree not to use our Website for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage due to virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

If your use of material on this Website results in the need for servicing, repair or correction of any of your equipment, software or data, you shall be responsible for any related costs.

We will not be liable for any loss or damage due to the incorrect use of Assessment data including any disparate impact or disparate treatment and sexual or racial discrimination by the Client in connection with the use of the Website, Online Assessment System, Reports and/or training services provided by HCT.

HCT does not accept liability for any submissions made in email communications by its employees, resellers and/or referrers that caused damage to you or Third Parties.

7. Disclosures I.t.o. Electronic Communications and Transactions Act
Full name and legal status of the Website Service: Human Capital Talent, a registered company in terms of the laws of the Republic of South Africa;

Website address and email address: www.humancapitaltalent.co.za; info@hctalent.co.za

Physical address and telephone number where services are rendered:

11 Spotted Eagle
Kosmos Ridge Estate
Hartbeespoort
North West, South Africa

Description of the main characteristics of the Service offered by the supplier:We provide access to our assessment products that our clients can use to assist in candidate development, selection, screening and retention.

8. Electronic Communications
You accept that if you opt-in and/or if you are a Client, that HCT may communicate with you through the use of email relating to the use of the Website such as sending you notifications of

  • new product launches
  • new Website launches
  • changes to the Website
  • changes to the website terms and
  • for customer service.

You may elect not to receive electronic marketing messages from us and may opt-out using the mechanism provided. We do however reserve the right to notify you of changes to these terms and conditions, and to the website in general.

When HCT sends an email to you, it is deemed that you have received it when you are capable of downloading the email.

When you send an email to HCT, it is deemed to have been received when it replies to the message.

You agree that all electronic notices, disclosures and other communications between HCT and you, satisfy any legal requirement that such communications be in writing.

9. Complaints and Disputes
You may contact HCT about the service you received by emailing the Customer Relations Department at email address: info@hctalent.co.za.

HCT undertakes to resolve any disputes internally as far as practically possible.

10. General
You acknowledge that HCT uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to provide access to the Website.

These terms and conditions form the whole agreement between the Parties and supersede all prior agreements, other representations and understandings.

If a certain clause in this agreement is found not to be unenforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply: Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.

11. Governing Law
The Laws of the Republic of South Africa governs the interpretation and validity of these Website Terms of Use.

12. Interpretation and Definitions
“Client” refers to a person or entity who concluded an agreement with HCT to obtain Reports;

“Intellectual Property” refers to any copyrights, moral rights, goodwill, trademarks, source code, software applications, trade secrets or similar intellectual property rights;

“Party/Parties” refers to either HCT or to you;

“Personal Information” refers to the Personal Information you supply to HCT or that it collects about you. It includes all the information as defined by the Protection of Personal Information Act 4 of 2013;

“Process or Processing” means any operation or set of operations including collection, receipt, collation, storage, updating, modification, retrieval, consultation, use, distribution, merging, linking, restriction and destruction;