Visions Foresight Terms of Use
Revised: August 11, 2022
These Terms of Use are effective immediately.
Welcome to the Visions Foresight website. If you continue to browse, register or subscribe to this website you agree to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in relation to this website.
The Visions Foresight website is owned and powered by Visions Consulting CC operating in partnership with the website Developer, Buddy Industries. Inquiries regarding these terms of use should be emailed to imagine@visions.com.na
Definitions:
The use of this website is subject to the following terms:
These Terms of Use (the "Terms") govern your access to and use of our websites, emails, and mobile applications ("Visions Foresight"). These Terms also include our Privacy and Cookie Policy. By accessing and using Visions Foresight, you agree to comply with these Terms. If you are using Visions Foresight on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Visions Foresight if you do not agree to the version of the Terms posted on Visions Foresight at the time you access Visions Foresight. (The terms "we" and "us" refer to Visions Foresight, Human Capital, and Business Improvement Consultants)
Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
To access or use Visions Foresight, you must be at least Eighteen (18) years of age or, if older,
the age of majority in your jurisdiction, otherwise you may not use Visions Foresight. An employer and its authorized agent(s) are permitted to use the employer's Free Employer Account and any data about that employer provided via that account for the employer's internal business purposes. Except as set forth above, or as otherwise approved by us, Visions Foresight is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Visions Foresight if we have terminated your account or banned you.
In order for you to create a Visions Foresight account, we require that you provide a valid email address, contact number, and relevant valid personal information. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected, and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Visions Foresight at any time. When you set up an individual user account on Visions Foresight, we create a member profile (a "Profile") for you that will include the personal information you provide. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services, we may introduce, will be able to view the information in your Profile. Because your anonymity on Visions Foresight is important, your Profile does not include or link to information about the reviews or salary information you submit to Visions Foresight.
You may be able to register an account and subsequently access Visions Foresight through a social networking site, such as Facebook ("Social Networking Site"). If you access Visions Foresight through a Social Networking Site you agree that we may access, make available through Visions Foresight, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Visions Foresight via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Visions Foresight, personally identifiable information that you post to that Social Networking Site may be displayed on Visions Foresight. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
You represent and warrant that you will use Visions Foresight solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Visions Foresight ("Your Content"). You agree that by submitting or authorizing Your Content for use on Visions Foresight, you have reviewed and understood our terms and conditions. You understand that you may expose yourself to liability if Your Content or other use of Visions Foresight violates applicable law or any third-party right.
You agree that you will not:
Visions Foresight may contain links to third-party websites placed by us as a service to those interested in this information or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Visions Foresight, our terms and policies do not govern your use of third-party websites.
Some of our job placements allow you to complete and submit your application on Visions Foresight. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the "Apply" button to submit an application on Visions Foresight, we send your application to the most appropriate contact information we have on file for that employer. While we endeavor to make this service the best it can be, employer websites are not controlled by us, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. Visions Foresight does not guarantee the identity of an employer or any individuals working for any employers, and cautions job seekers when applying to jobs. Visions Foresight does not guarantee the validity of a job offer and cautions job seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. You are solely responsible for verifying the accuracy of any employer or job offer.
You may not post any job ad that:
We may inform a user when a shortlist is determined if the Job Seeker requests the status of his/her application. Thus, take an action with respect to the information we have shared with you on behalf of that user. For example, send an e-mail to the Job Seeker that he/she is not shortlisted after requesting the status of his/her application, or send out an invitation letter on your behalf, that the applicant is invited to an interview on the relevant scheduled dates informed by the employee. Or that your job posting is potentially a match for the Job Seeker’s resume.
Visions Foresight may send out e-mails, on your behalf, to Job Seekers who have relevant technical inquiries.
While Visions Foresight has no obligation to do so, Visions Foresight reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Visions Foresight, or that we deem, in our sole discretion, inappropriate. If you see any Content on Visions Foresight that you believe violates our policies, you may report that Content by contacting us from the Visions Foresight portal. Once notified, we will review the Content and consider whether to remove it (or a portion thereof).
Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Visions Foresight; suspending your rights to use Visions Foresight; terminating your account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
We do not claim ownership in any Content that you submit or authorize for use to Visions Foresight, but you grant us the rights to use such Content as set forth below. By submitting or authorizing us to display any Content on Visions Foresight, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Visions Foresight’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Visions Foresight and to make Content submitted to or through Visions Foresight available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through Foresight. You should only submit Content to Visions Foresight that you are comfortable sharing with others under the terms and conditions of these Terms.
Visions Foresight contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide, and Visions Foresight powered by Visions Consulting CC and developed by Buddy Industries owns and retains all property rights in Visions Foresight. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Visions Foresight solely for your personal use in connection with using Visions Foresight.
Except as provided in the foregoing, you agree not to:
Visions Foresight ® is a registered trademark of Visions Consulting CC; Visions Foresight is powered by Visions Consulting CC and developed by Buddy Industries. The trademarks, logos, and service marks ("Marks") displayed on Visions Foresight are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors, and assigns (collectively, the "Visions Consulting Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Visions Foresight, including due to or arising from your breach of any provision of these Terms.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
Any emails or email notifications corresponding with any activity on Visions Foresight, the Foresight Messaging Service, or any other communications service, product, or feature provided on or through Visions Foresight, are provided solely as a courtesy. Visions Foresight disclaims all warranties regarding the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an employer and a job is posted directly on Visions Foresight, applications are sent only to the Visions Foresight dashboard; any other notifications you may receive are provided solely as a courtesy to you.
Visions Foresight assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send, or receive through Visions Foresight or the Visions Foresight Messaging Service.
You are solely responsible for your interactions with advertisers and other users, and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Visions Foresight. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Visions Foresight, whether caused by users or by any of the equipment or programming associated with or utilized in Visions Foresight. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Visions Foresight or a combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Visions Foresight. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Visions Foresight or from any Content posted on Visions Foresight or transmitted to users, or any interactions between users of Visions Foresight, whether online or offline.
Visions Foresight is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Visions Foresight will meet your requirements; (2) Visions Foresight will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Visions Foresight will be accurate or reliable.
You hereby release Visions Consulting (Foresight) from any and all claims, demands, losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL VISIONS CONSULTING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF VISIONS FORESIGHT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms remain in effect while you use Visions Foresight and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Visions Foresight, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Visions Foresight. For the avoidance of doubt, you agree that these Terms apply to your use of Visions Foresight and any Content posted on Visions Foresight at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version on Visions Foresight. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Visions Foresight is subject to the most current effective version of these Terms.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VISIONS FORESIGHT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND VISIONS FORESIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Visions Foresight, shall be governed by the laws of Namibia without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree to their arrangement under these Terms.
Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply. Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Visions Foresight should be sent to imagine@visions.com.na
Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Visions Foresight should be sent to imagine@visions.com.na
If you have an account on Visions Foresight, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought. If Visions Foresight and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Visions Foresight may commence a formal arbitration proceeding.
Arbitration Procedure. The arbitration will be governed by the relevant Namibian Law related to arbitration. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Visions Foresight user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
IF YOU ARE A NEW FORESIGHT USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE VISIONS FORESIGHT TERMS OF USE FOR THIS FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO VISIONS FORESIGHT, ATTN: VISIONS CONSULTING CC, RE: OPT-OUT NOTICE.
With your Opt-Out Notice via e-mail to Visions Foresight (imagine@visions.com.na), you must provide the following information: name, address (including street address, city, state, and zip code, and the email address associated with the Visions Foresight account(s) to which the opt-out applies. This procedure is the only way you can opt-out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Visions Foresight. If you do not agree to these changed terms, you may close your account within the thirty (30) day period and you will not be bound by the changes. Any changes requested regarding agreements should be in writing.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Visions Foresight and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding, and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with Vision Foresight’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."