Omenon Technologies - Terms of Service

Please read the following Terms of Service Agreement (“Agreement”) carefully before utilising the Omenon™ platform (“the Platform”).  Use of the Platform indicates that You (“the User”) have understood and agree to be bound by the terms and conditions of this Agreement. Omenon Technologies’ Privacy Policy http://omenon.com/omenon-privacy-policy is incorporated by reference into this Agreement and is subject to this Agreement. We may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Platform shall be governed by such amended terms and conditions. If You do not agree to the terms of this Agreement, please do not use the Platform. If You wish to register as a User to make use of the Platform, You must read these Terms and indicate Your acceptance during the registration process. Note, however, that these Terms apply to Your access to and use of the Platform once You register an account as a User.This Agreement was last revised on 10/02/18You are advised to regularly check the Website  https://omenon.com/ for any amendments or updates.Enquiries: Olwethu MshumpelaOlwethu@omenon.com084 508 0066      

  1.  

In this Agreement the following definitions apply:

  • shall mean the Users’ personal account created upon completion of the registration process to which he/she has access by virtue of being a User;
  • “Corporate User” shall mean the companies, foundations, charities or universities or any representative of the legal entity that advertises bursaries and/or part-time employment opportunities and seeks applicants for such bursaries, sponsorships and/or part-time employment opportunities;
  • “Login Information” shall mean the unique Username and password used by a User to access his/her Account;
  • “Omenon” shall mean Omenon Technologies (Pty) Ltd, references to “We” and “Us” shall have a corresponding meaning;
  • shall mean the software provided by Omenon to offer services related to providing a platform for students, parents/guardians to create an awareness of various available bursaries, sponsorships and/or part-time employment and improving access to such opportunities.
  • shall mean the individual utilising the Platform i.e. the student, parent or guardian or other natural person;
  • “Username” Shall mean the specific name that is unique and directly tied to a specific Account;

 

  1. REGISTRATION AND CREATION OF AN ACCOUNT:
  1.  
  2.  
    1. Use of the Platform for a User entails creation of an Account which allows Omenon to display your Personal Information to Corporate Users to maximise the chance of recruitment or receiving a bursary, learnership, part-time jobs or volunteering purposes.
    2. In order to make use of the services offered by the Platform, You need to create an Account. An Account is created online by completing the registration form with the necessary details and selecting the relevant option between “I am High School Student” and “I am a College/University Student”.
    3. Your Account is linked to Your cell-phone number and a one-time-pin (OTP) will be sent to your mobile phone to confirm Your mobile information upon logging in for the first time.
    4. High School students under the age of eighteen (18) years require consent from their parent/guardian to register on the Platform and provide their personal information (Special Personal Information). Consent is expressly given by a parent/guardian (a Competent Person) by completion of the consent form .
    5. You are responsible for providing information in the application form that is true, accurate, current and complete at all times. Information found to be false, misleading and/or out-of-date may result in the suspending or termination of the Account and a refusal for all current and future use of the Platform.
    6. By registering on the Platform, You agree to the following:
    7. that You will not select or use a name or e-mail address of another person with the intent to impersonate that person; or
    8. use a name or e-mail address subject to the rights of any person without authorisation.

 

  1. Consent for Your personal information to be used in advertising is optional and can be given or revoked by clicking “yes” or “no” respectively on the relevant part of the registration form .
  2. Omenon Technologies has security measures in place to prevent unauthorised access of Your Account, despite this, security of your Username and password is Your responsibility.
  3. Should your Login Information be lost, stolen or otherwise forgotten, upon learning of this, Omenon will immediately suspend all activity on Your Account until such a time as You have reset your Login Information.
  4. You agree to bear full responsibility to report to Omenon when You have lost or forgotten your Login Information. Omenon, its Directors, employees and/or shareholders shall bear no liability for any damage, loss or expense incurred including all legal fees on an attorney-client scale resulting from unauthorised access to an account using lost, forgotten or otherwise stolen Login Information.

Any queries or concerns regarding Account information can be emailed through to info@omenon.com or alternatively you can call: 084 508 0066.

  1.  

 

  1. APPLICABLE RESTRICTIONS:
  1.  
  2.  
  3.  
    1. Access to and use of the Platform is governed by these Terms.You may not use the Platform for any purpose that is unlawful or prohibited by these Terms. Any applicable additional or amended Terms, or any other conditions or notices that apply will be made available on the Platform. Unauthorised use of this Platform may result in Omenon Technologies instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
    2. Corporate Users are prohibited from engaging in any communication with a User for the purposes recruiting or granting a bursary to that User by any means other than by making use of the Omenon service.
    3. By using or accessing the Platform, You undertake to refrain from the following conduct:
      1. transmitting any worms, viruses, Trojan horses, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Website, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
      2. intercepting any data or personal information of any User or third party transmitted on or via the Platform;
      3. uploading, posting, hosting or transmitting unsolicited email, SMSs, or ‘spam’ messages.
      4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform and/or the Website;
      5. posting content, taking or mobilising action using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
      6. utilising the Platform for any illegal or unauthorised purposes;
      7. violating any laws in any jurisdiction, including but not limited to any intellectual property laws;
      8. Harassing, tormenting or otherwise bullying another User through use of the Platform; or
      9. Any act or omission that Omenon deems to be contrary to the core values and beliefs of the company.
    4. Any act or omission which results in a failure to abide by the restrictions set out, as determined by Omenon in its sole discretion, will result in a temporary suspension of Your Account, or at the sole discretion of Omenon, a complete ban of Your Account.  
    5. Omenon is not liable to You nor any third party for any breach of Your obligations under these Terms and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer.
    6. Unauthorised use of the Platform includes engaging personally or permitting a third party to engage in the following activities:
      1. copying, adapting, modifying, publishing, republishing, distributing or redistributing this Platform or the material on the Platform without Omenon’s prior written consent;
      2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Platform;
      3. reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;
      4. making and distributing copies of the Platform or allowing such activity by third parties on Your behalf; and
      5. creating derivative works of the Platform of any kind.

 

  1. PERMITTED USE OF THE PLATFORM
  1.  
  2.  
  3.  
  4.  
    1. This Platform is meant to serve as an information and recruitment Platform facilitating the transfer of information between students and Corporate Users for the granting of bursaries or recruitment for part-time work. The Platform provides a holistic service allowing Users to facilitate the whole process on The Platform.The Platform hosts students’ information in order to compile an online profile that is then displayed to the appropriate Corporate Users through a personal information, interests and academics filtering process.
    2. Omenon reserves the right to change or update the services offered on the Platform, without prior notice.
    3. Despite 4.2 above, Omenon will strive to keep Users up-to-date on changes, additions or alterations to the Platform or the services offered thereon.

 

  1.  
  2.  
  3.  
  4.  
    1.  
    2.  
    3.  
    4.  
    5.  
    6.  
  1. CORPORATE USERS
  1. All communication between a User and a Corporate User is facilitated by the Platform. Omenon’s service provides for the complete recruitment process including initial communication, document transfer, interviewing and finally communicating granting or refusal of the bursary or part-time work, learnership orvolunteering opportunities.
  2. Any form of communication made between a User and a Corporate User falling outside the scope of Omenon’s service shall be deemed to be in breach of the terms set out herein.
  3. Corporate Users shall have a list of potential candidates that meet the requirements filtered by organisations available for them to browse. Successful candidates will cease been displayed to other Corporate Users.

 

  1. COMMUNICATION ON THE PLATFORM

  

  1. Omenon facilitates a private messaging system on the Platform to enable communication between Users.
  2. Any communication not associated with this purpose could result in a suspension or ban of your Omenon Account at the sole discretion of Omenon.
  3. Omenon takes steps to ensure that no harmful content is hosted on the Platform and has the right, but not the obligation, to monitor content.
  4. You expressly agree that use of the Platform is at Your sole risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained or shared, through the use of the Platform, is done at Your own risk and discretion.
  5. You will be solely responsible for any damage to Your computer services or loss of data that results from the download of information.
  6. You agree to defend, indemnify and hold Omenon, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from misuse of the private messaging system that results in illegal, harmful or defamatory action.

 

  1. SERVICES AND PAYMENT
  1.  
    1. Omenon’s service and access to the Platform provided are free of charge to all students.
    2. Omenon reserves the right to charge Corporate Users a fee for using the Platform.
    3. Pricing and the preferred method of payment for utilisation of the Platform will be communicated to each Corporate User.

 

  1. ADVERTISING AND PAYMENT
  1.  
    1. Omenon reserves the right to charge advertisers a fee for using the Platform.
    2. Pricing and the preferred method of payment for utilisation of the Platform will be communicated to each advertiser.

 

  1. PROTECTION OF PERSONAL INFORMATION:
  1.  
  2.  
  3.  
  4.  
  5.  
    1. Any personal information supplied to Omenon in relation to the provision of the service will be dealt with in accordance with Omenon’s Privacy Policy, the Terms set out herein and South African legislation as it may apply. The collection, use, storage and disclosure of Your personal information is described in our Privacy Policy available at http://omenon.com/omenon-privacy-policy

 

  1. INTELLECTUAL PROPERTY:
  1.  
    1. This Platform and all the materials contained (including but not limited to: computer or software code, scripts, design elements, images, text, drawings, interactive features, graphics, music, sound and voice), are the property of Omenon and/or the property of our affiliates or licensors or various third parties, and are protected by intellectual property laws in South Africa. Ownership of all such intellectual property remains with Omenon. There is no transfer of intellectual property and You are not authorised to use any such intellectual property without prior written consent from Omenon. Users may only use this Platform and the materials on it as authorised by Omenon.
    2. Omenon reserves the right, at any time and without notice, to suspend, cancel, or terminate Your right to use the Platform (or any portion of the Platform) for violation (whether repeated or not) of intellectual property rights belonging to Omenon.
    3. Any unauthorised modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by e-mail or other electronic means) any material from the Platform, without prior written consent from the owner of the materials, constitutes a breach of intellectual property.
    4. You hereby indemnify and hold Omenon harmless for any and all intellectual property infringement claims that may arise for any activity that occurs under the User’s account. You will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights or any other harm.

 

  1. LIMITATION OF LIABILITY DISCLAIMER
  1.  
    1. WHEN PERMITTED BY LAW, OMENON, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
    2. You agree to defend, indemnify and hold Omenon, its officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal fees, resulting from:
  1.  
  2.  
  3.  
  4.  
  5.  
  6.  
  7.  
  8.  
    1.  
    2.  
      1. misuse of the Platform, and/or
      2. Violation of any of the Terms;
      3. Any interactions, meetings, negotiations or communication between successful Users and the respective Corporate Users facilitated by use of the Omenon Platform.
    3. If You are dissatisfied with any portion of this site, Your sole and exclusive remedy is to discontinue use of the site.

 

  1. NO WARRANTIES FOR USE OF THE PLATFORM:
  1.  
    1. Omenon makes no warranty that the Platform will meet Your requirements or that the Website will be available and uninterrupted. Omenon does not make any warranties as to the results that may be obtained from the use of the Platform or to the accuracy of the information and the reliability of the information obtained through the Platform. Omenon does not warrant that defects on the Platform will be corrected.
    2. The Platform is provided on an "as is" and "as available" basis. Omenon disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
    3. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Platform rests with You. No advice or information, whether oral or written, obtained by You from Omenon or through the services shall create any warranty not expressly made herein.

 

  1. LINKS TO OTHER WEBSITES:
  1.  
    1. Our provision of a link to any other website or location is for Your convenience and does not signify our endorsement of such other site or location or its contents. You agree that Omenon shall have no control over such website/s, does not review, and cannot be responsible for, these outside sites or their content.
    2. You agree that Omenon shall have no responsibility or bear no liability in relation to the content of the linked website/s. We encourage You to review the terms of use and privacy policies for any such third party links other websites.
    3. You may not create a link to the Platform from another website without Omenon’s prior written consent.
    4. Omenon will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for Your use of such information.

 

  1. DOMICILIUM, JURISDICTION AND ARBITRATION:
  1.  
    1. The Platform is controlled and operated from South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of South Africa.
    2. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Pretoria and each party hereby consents to the jurisdiction of the courts thereof.
    3. Without any restriction on the User/s rights to pursue legal recourse in the forum of the User/s choice, the User/s agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration prior to proceeding to Court and such arbitration shall be conducted in English.
    4. Omenon confirms the domicilium citandi et executandi for all purposes associated with the Platform, transactions pertaining to the Platform, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
      1. Omenon Technologies (BG4 Gallagher Business Exchange, 688 Gallagher avenue, Halfway House, Midrand 1687)
    5. Omenon does not receive legal notice or accept the serving of documents attached to legal processes on Omenon by electronic mail.

 

  1.  
  1.  
    1. This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

INFORMATION AND WEBSITE COMPLIANCEThe following table contains further information on Omenon Technologies.Full NameOmenon Technologies (Pty) LtdLegal StatusPty (Ltd)Registration Details2016/394704/07 Place of RegistrationBoksburgDirectorsLatebotse Gorden NgoashengPhysical AddressBG4 Gallagher Business Exchange, 688 Gallagher avenue, Halfway House, Midrand 1687Postal Address8A Blinkblaar street, Van Dyk Park, Boksburg 1459Physical Address for receipt of legal documents8A Blinkblaar street, Van Dyk Park, Boksburg 1459Telephone Number079 874 4825E-mail addressInfo@omenon.comWebsite Addresswww.omenon.comMembership to self-regulatory and/or accreditation bodiesInnovation Hub South AfricaDescription of services offeredRecruitment services, tracking and communication servicesCodes of Conduct applicable to OmenonIf applicableTerms of AgreementCan be accessed and downloaded from the Website http://omenon.com/omenon-privacy-policyPrivacy PolicyCan be accessed and downloaded from the Website http://omenon.com/omenon-privacy-policy  This form should pop up during the registration of a High School student. Latie to ensure for POPIA compliance. Please ensure that there is a tick box for this aspect. This ensures consent is opt-in for marketing and ensures compliance with POPIA.