Terms & Conditions

The Supplier permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Suppliers terms and conditions, the Terms and Conditions as contained herein will prevail.

Use of the Website

The contents of this Website, including any content, information, software, icons, text, links, graphics, layouts, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trademark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, another automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein.

Disclaimer

While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.

The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Supplier also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. The Supplier does not accept any responsibility for any errors or omissions on this Website.

All the information (“personal information’’) supplied by you voluntarily or mandatory will be recorded and processed regardless of form or medium in which the information was supplied. Ekcon (Pty) Ltd has a strong commitment to providing excellent service to all of our customers, including respecting concerns about privacy. Ekcon (Pty) Ltd will explicitly ask when we need information that personally identifies you or allows us to contact you. If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we will process the personal information of the minor unless it is in the public interest.

We will process the following information: Name, cell phone number, email address. Generally, personal information is requested when requesting our services; when applying for work or when entering into an agreement to supply services/goods to our business.

You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. If you fail to provide accurate information we may elect to not process your application for work / your request for goods/services.

The purposes for which Ekcon (Pty) Ltd will use your personal information are as follows: to transact with you via SMS, telephone, facebook, skype, twitter, postal address, website or email regarding your work application, to provide services to you; to inform you of new features, services; to enable us to process, validate and verify work applications and requests for services or goods and for the purposes for which you specifically provided the information; to improve your experience on our website (if any).

Ekcon (Pty) Ltd shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Ekcon (Pty) Ltd; (b) to protect and defend the rights or property of Ekcon (Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or third parties who assist Ekcon (Pty) Ltd in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information. If you use our website: You are aware that information and data are automatically collected through our website are the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

Whilst Ekcon (Pty) Ltd is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, suffered as a result of the disclosure of such information beyond the reasonable control of Ekcon (Pty) Ltd.

  • Treat your personal information as strictly confidential;
  • Take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
  • Upon your request, promptly return, destroy, rectify any and all of your personal information in our possession or control.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, for historical, statistical, research purposes or you consent to us retaining such information for a longer period.

You have the right at any time to rectify the Personal Information collected, object to the processing of Personal Information (subject to legislation) and to lodge a complaint at Ekcon (Pty) Ltd with contact details: Marcelle Lourens 021 930 9360.

Ekcon (Pty) Ltd will not transfer the Personal Information processed to a third country or International organization.

Contact details of Ekcon (Pty) Ltd: Marcelle Lourens Tel: 021 930 9360 Fax: 021 930 9364. All enquiries must be addressed to the information officer.

This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Ekcon (Pty) Ltd is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Supplier has no control over such external sites and resources, you acknowledge and agree that The Supplier is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.

Permission for Hyperlinks, Deep Linking, Crawlers and Metatags

Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Ekcon (Pty) Ltd, which may be withheld or granted subject to such conditions Ekcon (Pty) Ltd may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Ekcon (Pty) Ltd. At times those comments may contain references to matters not related to Ekcon (Pty) Ltd. Those references do not necessarily represent the views of Ekcon (Pty) Ltd.

Limitation of Liability

Ekcon (Pty) Ltd shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use or, or reliance upon, any material or content contained in the website or any linked website, or any inability to use the website, or any unlawful activity on the website caused beyond the reasonable control of Ekcon (Pty) Ltd.

You hereby indemnify Ekcon (Pty) Ltd against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website or the receipt by you of any electronic mail from Ekcon (Pty) Ltd or one that purports to emanate from Ekcon (Pty) Ltd, unless the loss, claim or damage arises as a result of the gross negligence of Ekcon (Pty) Ltd.

Ekcon (Pty) Ltd reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

Termination

Ekcon (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Ekcon (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.

Governing Law

The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.

What is the POPI Act

We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.

What information will we collect

  1. personal information that may include your name, address, contact details, date of birth, identity number, passport number, bank details, details about your employment, tax number, registration number, VAT number, BBBEE certificate and financial information
  2. records of correspondence or enquiries from you or anyone acting on your behalf
  3. details of transactions you carry out with us
  4. details of contracts, sales you carry out with us

Why do we collect Personal Information

We collect personal information in order to liaise with you telephonically, via our website or email so that we may:

  1. respond to any query or comment received from you;
  2. inform you of new services;
  3. enable us to process, validate and verify information and requests for the supply of services;
  4. for the purposes for which you specifically provided the information; and
  5. generally to improve your experience on our website.
  6. when applying for work
  7. when entering into an agreement to supply services/goods

Minors

If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.

Processing of Information

We will share your personal information:

  1. in order to comply with applicable law or with legal process served on our company;
  2. in order to protect and defend the rights or property of our company; and
  3. with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.

Security Measures

We will:

  1. treat your personal information as strictly confidential;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
  5. We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF BYEOND OUR REASONABLE CONTROL.

Collection of Information by “Cookies”

You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

Your rights

You have the right at any time to:

  1. rectify the Personal Information collected by us;
  2. object to the processing of Personal Information (subject to legislation);
  3. request the return or destruction of Personal Information (subject to legislation);
  4. lodge a complaint with the company.

Personal Information processed by us will be routed/transferred to a third party or International organization.  The following security measures will apply, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it. We have Anti-Virus, Spam Filter & Backup Assist Software. Access to personal and financial data is restricted to those individuals in the company who requires the access. The access to sensitive data is locked by the IT Administrator by means of local domain security policy.

All enquiries must be addressed to the information officer: Anton Engelbrecht, who can be contacted via email at anton@ekcon.co.za or via telephone on (021) 930 9360.

You can also complain to the Information Regulator if you are unhappy with how we have used your Information.

You can also complain to the Information Regulator if you are unhappy with how we have used your Information.

Their contact details are as follows:

The Information Regulator (South Africa)
JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001

Complaints email: complaints.IR@justice.gov.za