- By
clicking “Get Started”, or by submitting your information on
any EMA electronic platform (portal, website, survey etc.), you
agree to the terms and conditions of this Agreement and the EMA Privacy
Policy (“collectively referred to as “Terms”). Please note that this
Agreement is subject to change without prior notice (unless prior notice
is required by law). By completing this online questionnaire, you agree to
be legally bound by these terms, which shall take effect immediately on
your first use of this website. If you do not agree to be legally bound by
all the terms, please do not access and/or use the website
and/or complete the questionnaire. EMA may change the terms at any
time by posting changes online. Please review the terms regularly to
ensure you are aware of any changes made by us.
- You
agree that EMA may collect, process use and store [insert name of
contracting entity’s] personal information (including special personal
information) for purposes of:
(i) providing the services,
(ii) maintaining its internal administrative or client relationship
management systems, including the use of third party IT outsourced
providers,
(iii) quality and risk management reviews and legal reporting obligations,
(iv) providing information about its range of services,
(v) carrying out and managing its business operations,
(vi) providing professional advice, and
(vii) any legitimate business purposes or other activities conducted
by EMA from time to time. You undertake to keep the personal
information up to date by keeping EMA informed of any changes that
need to be made to the personal information.
- You
warrant that the consent of any other data subject to whose personal
information shall be disclosed to EMA by you in terms of this
agreement has been obtained or that you are otherwise justified in law to
disclose such information to EMA . You further warrant and undertake
to immediately inform EMA :
(i) of any changes to the personal information provided by you in order to
keep the data accurate,
(ii) should any data subject withdraw any consent previously given and/or
(iii) should EMA for any other reason no longer be entitled to
lawfully process the data subject’s personal information. You agree to
hold EMA and/or any and all of its directors, officers or any other
officials thereof respectively, harmless and indemnified against any and
all loss, damage, costs (including legal costs on an attorney and client
basis), charges, penalties, fines, interest, expenses which may be
incurred or sustained by EMA and/or any one or more of the aforesaid
persons as a result of you breaching the aforementioned warranties or
failing to comply with any of your obligations in terms of POPI or any
other applicable data protection law or regulation.
- You
understand and agree that the personal information may in appropriate
circumstances reside and be processed outside South Africa and you agree
that a EMA firm or entity acting on its behalf shall be entitled to
transfer and process personal information across country borders to such
locations outside South Africa and for the purposes set out above.
- You
agree that EMA shall be entitled to retain the personal information
for a minimum period of 5 years, after which, subject to what is set out
below, the personal information shall be destroyed in accordance with the
provisions of POPI, or any other applicable data protection law or
regulation. You agree that EMA shall however be entitled to extend
the period for which personal information is retained:(i) If this is
required or authorised by law,(ii) EMA reasonably requires
the information for a longer period for lawful purposes related to its
activities or functions,(iii) this is required by any contract between the
parties, or(iv) for statistical or research purposes (subject to
appropriate safeguards).
- EMA is not liable for any damages
(including direct, indirect, consequential, incidental, and exemplary) in
the event that this site is unavailable to users (by virtue of
interruption, suspension, or termination) for any reason, including due to
computer or communications link downtime attributable to malfunction,
upgrades or preventative or remedial maintenance activities.
- EMA will not be liable to users in
respect of any loss or damage (including consequential loss or inconsequential
loss) which may be suffered or incurred, or which may arise
directly or indirectly because of services supplied by EMA .
- These
terms and conditions are subject to warranties and liabilities that cannot
by law be disclaimed and EMA ’s liability for any breach of a
condition in relation to supply by it of services to users is limited to,
at EMA ’s option, supply of the services again, or the payment of
the cost of supplying the services again. EMA will not be liable for
any loss caused by the failure to complete the questionnaire.
- These
terms and conditions are subject to change at the sole discretion of
EMA .
- Users
warrant that all information provided by them on the questionnaire is
accurate and does not breach any law or the rights of any person.
- You
may not sell or modify the material or reproduce, display, distribute, or
otherwise use the material available on this website in any way for any
public or commercial purpose. You may not copy or adapt the code or
software that EMA creates to generate its pages.
- You
may not ‘frame’ or ‘mirror’ any materials or third-party content
contained on or accessible from the EMA site on any other server or
internet-based device without the express written authorization of
EMA .
- EMA will not be liable for any damages
(including direct, indirect, consequential, incidental, and exemplary), if
there is any deficiency or inaccuracy in the site attributable to a lack
of maintenance of the site or in relation to the accuracy, sufficiency or
otherwise of your application.
- All
users warrant that they have not relied on any representation made
by EMA which has not been expressly stated in these terms and
conditions or the engagement letter for the provision of specified
services by EMA . On lodging material, users indemnify EMA and
its officers, employees and agents against any claim, demand, injury,
direct or indirect damage, loss or cost, liability, right of action or
claim for compensation in contract, under statute or in tort (including negligence)
made against or suffered by any of those indemnified arising, in whole or
in part, as a result of your application, or any activity that is
expressed in these terms and conditions to be the responsibility of the
user, or breach of these terms and conditions.
- EMA does not monitor your data or
transmissions, yet it does actively monitor accounts for
system utilisation. Upon any breach of this agreement, or
inappropriate use of EMA services as determined by EMA in its
sole discretion, EMA reserves the right to terminate your
registration. EMA ’s preferred course of action is to advise you of
your inappropriate use or breach of this agreement and recommend any
necessary corrective action.
- To
enter the Prize Draw, respondents need to complete the full survey.
- The
prize draw (the “Apple iPad”) is open to anyone within the manufacturing
and distribution industries. Employees or their family members may not
enter the Prize Draw.
- EMA accepts no responsibility for
entries that are lost, delayed, misdirected or incomplete or cannot be
delivered or entered for any technical or other reason.
- One
winner will be chosen from a random draw of entries received in
accordance with these Terms and Conditions. The draw will be performed by
a random computer process.
