All users of this website agree that access to and use of this Site are 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.

Copyright

All the 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 PASSPORT 360. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with PASSPORT 360 or to purchase PASSPORT 360 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 authorised by PASSPORT 360. You further agree not to alter or delete any proprietary notices from materials downloaded from the Site.

Trademarks

All Trademarks, Service Marks and Trade Names of PASSPORT 360 used in the Site are Trademarks or Registered Trademarks of PASSPORT 360 or affiliates.

Warranty Disclaimer

This Site, and the materials and products on this Site, are provided “voetstoots” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, PASSPORT 360 disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PASSPORT 360 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.

PASSPORT 360 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.

Limitation of Liability

PASSPORT 360 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if PASSPORT 360 has been advised of such damages and given the chance to remedy any fault.

Typographical Errors

In the event that a product is mistakenly listed on the Site at an incorrect price, PASSPORT 360 reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. PASSPORT 360 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your account charged. If your account has already been charged for the purchase and your order is cancelled, PASSPORT 360 shall issue a credit to your account in the amount of such incorrect price.

Termination

These Terms and Conditions are applicable to you upon your accessing the Site. These Terms and Conditions, or any part thereof, may be terminated by PASSPORT 360 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. Passport 360 reserve the right to terminate the service with immediate effect should the client breach any of the Term and conditions.

Notice

PASSPORT 360 may deliver notice to you by means of e-mail, a general notice on the Site, or by any other reliable method to the contact information you have provided to PASSPORT 360.

Miscellaneous

The use of this Site shall be governed in all respects by the laws of the Republic of South Africa. 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 PASSPORT 360 products) shall be in the Province of Gauteng. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of PASSPORT 360 products) must be commenced within one (1) year after the claim or cause of action arises.

PASSPORT 360’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. PASSPORT 360 may assign its rights and duties under this Agreement to any party at any time without notice to you.

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 a PASSPORT 360 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 offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organisation. You may not upload any fraudulent information onto the site and should you be found to have done so you personally indemnify Passport 360 and its agents against any damage or loss which may occur as a result of your fraudulent activity.

Participation Disclaimer

PASSPORT 360 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, Trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PASSPORT 360 in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless, PASSPORT 360, 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.

The PASSPORT 360 Site and all content are provided on a “voetstoots” basis. The contents of the Site, such as text, graphics, images, information obtained from PASSPORT 360’s Licensors, and other material contained on the PASSPORT 360 Site (“Content”) are for informational purposes only and do not constitute advice. The user is encouraged to consult with a professional advisor before acting on any information or content appearing on or transmitted through PASSPORT 360’s website.

Nothing on the Site shall be construed as an offer by PASSPORT 360 to the user, but merely an invitation to do business.

Passport 360 is not responsible for the accuracy of the data uploaded onto the system by the various participants.

Third-Party Links

In an attempt to provide increased value to our visitors, PASSPORT 360 may link to Sites operated by third parties. However, even if the third party is affiliated with PASSPORT 360, the Company has no control over these linked Sites, all of which have separate privacy and data collection practices, independent of PASSPORT 360. These linked Sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PASSPORT 360 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 (including if a specific link does not work).

User Content

Clients are not permitted to upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to PASSPORT 360, you agree that such submission is non-confidential for all purposes.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to PASSPORT 360 by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted PASSPORT 360 a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to PASSPORT 360 by email. We try to answer every query timeously.

PASSPORT 360 reserves the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Consumer Protection Act No. 68 of 2008 (CPA)

South African CPA laws shall supersede any PASSPORT 360 Terms and Conditions which conflict with the Act or any other laws in the Republic of South Africa.

Electronic Communications and Transactions Act No. 25 of 2003 (ECT Act)

South African ECT laws shall supersede any PASSPORT 360 data privacy policies which conflict with the Act or any other laws in the Republic of South Africa.

 

Protection of Personal Information Act No. 4 of 2013 (POPI Act)

South African POPI laws shall supersede any PASSPORT 360 data privacy policies which conflict with the Act or any other laws in the Republic of South Africa. All employers submitting personal data of their employees warrant that they have the relevant authorization from their employees to store and process their personal information on the Passport 360 system. The employer hereby indemnifies Passport 360 in this regard.

All Companies using Passport 360 for the purposes of processing employee personal information, will manage their company profile with the appropriate care ensuring the following security measures are upheld at all times:

• Only one company profile maybe created on Passport 360 per legal entity,
• The Super User/(s) on the company profile must be an appropriately authorized representative of the company in order to assign user roles and access personal information of the companies employees as well as access other sensitive company information which maybe stored on Passport 360.
• Passwords must not be shared amongst users, passwords must meet the minimum security standard’s and should be changed regularly
• MFA should be used where appropriate
• User onboarding and off-boarding procedures must be followed for users of Passport 360 per the company’s relevant IT and POPIA policies.

Failure of companies to comply with the above security measures will result in the company profile being suspended for misuse.

Payments of subscription fees

Service providers and clients agree to pay the annual and monthly subscription fee upon signup onto the system. Where the package is based on number of employees, this refers to the total number of employees employed by the organization and not necessarily linked or uploaded onto Passport.

Fraudulent declaration of the number of employees may lead to the suspension of your account.

Refund Policy

The system works on a pay as you go methodology and the client may select to pay monthly or annually, upon cancellation the term will continue until the end of the subscription period and will not result in a credit of funds.

Passport360 retains all rights and IP in the developed code within the Passport 360 system. Passport360 reserves the right to make use of any code within the system for future customisation builds which may or may not be charged for or make the code available for general use within the system at it’s own discretion