Terms of Service

Jobfundi Terms of Service

These Terms of Service were last updated: 19/04/2020

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://www.jobfundi.com/, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Jobfundi Pty Ltd – Reg No. 2018/535772/07.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Jobfundi, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

Definitions
The terms “us” or “we” or “our” refers to Jobfundi, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

The term “Terms” refers to Terms of Service.

The terms “site” or “Site” or “website” or “Website” refers to the Jobfundi website.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

THE TERMS OF SERVICE SET FORTH BELOW (THE “TERMS”) HAVE CHANGED AS OF 19/04/2020. The new Terms are entered into by and between You and Jobfundi. (“Jobfundi”, “We”, “our” or “us”). The following Terms of Service, together with the Jobfundi Privacy Policy (available at https://www.jobfundi.com/privacy-policy/), govern your access to and use, whether as a guest or as a registered user, of Jobfundi online and/or mobile services and website, including any Jobfundi mobile application , and any software provided by or on behalf of Jobfundi on or in connection with such services or website (collectively, the “Site”), including any content, functionality, and services offered on or through the Site.

The Site is made available for use only by individuals searching for employment openings, and by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.

BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF SERVICE OR PRIVACY POLICY, DO NOT ACCESS OR DO NOT CONTINUE TO USE THIS SITE. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY THE SOUTH AFRICAN INTELLECTUAL PROPERTY LAW.

We may change the Terms by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Terms will constitute your acceptance of such changes. The “Last Updated” part of the Terms of Service indicates when the Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site or any feature thereof (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

ANY TERMS OR TERMS OF ANY PRIVACY POLICY FOUND IN ANY NON-ENGLISH LANGUAGE ARE PROVIDED FOR CONVENIENCE ONLY AND THE ENGLISH LANGUAGE TERMS FOUND AT JOBFUNDI.COM SHALL APPLY.

Links to other Sites

Jobfundi may make available certain job listings and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”), through Jobfundis search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Jobfundi exercises no control; you acknowledge and understand that we have no control over Job Listings. Jobfundi does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Jobfundi assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Jobfundi may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Jobfundi, and are not a direct reflection of the actual Job Listing.

You should contact the site administrator or webmaster for the applicable third-party sites if you have any concerns regarding such links or the materials located on such sites. In addition, Jobfundi may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and we disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party sites. You will be notified on the sites that these are third party sites and services, and not Jobfundi.

Site and Account Access

Jobfundi reserves the right to change or withdraw the Site, and any materials or functionalities provided on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

If you set up a Jobfundi account, or if you create or upload a resume or other content through Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address), other forms, or resume creation or upload process and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party.

By uploading or creating a resume through the Site, you understand that a Jobfundi account will be created for you. You may also create a Jobfundi account or log into your Jobfundi account using Facebook or Google. If you do not already have a Jobfundi account but you log in to Jobfundi using your Facebook or Google account, this creates a Jobfundi account using the same email address used in your Facebook or Google account. You represent and warrant that you are the authorized user of such Facebook or Google account.

By uploading or creating a resume through the Site, you further agree that such resume may be made available and accessible at the Site as well as Jobfundi partner or affiliate websites.

You agree not to provide any other person access to this Site or portions of it using your user name, password, or other security information. Any person with whom you share your username and password and is able to answer verification questions about your Jobfundi account may be able to access information regarding your Jobfundi account. Jobfundi is not responsible and disclaims all liability if your email or account is used improperly or falsely by a third party. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

When you view or store materials through or using the Site, Jobfundi may use such materials for data analysis, quality control, or to refine the Site or any other Jobfundi service, whether via automated means or otherwise.

Jobfundi may provide certain categories of information to you for informational purposes only. For example, we may provide you with data regarding estimated salaries for a certain Job Listing. These figures are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. Please note that all salary figures are approximations based upon multiple third party submissions to Jobfundi or our affiliates. These figures are given to users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

Jobfundi may also provide certain types of career-related or hiring-related information on its Site. All information contained in any Jobfundi career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Jobfundi may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Jobfundi is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Jobfundi may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

When and if you take a variety of actions on our Site, Jobfundi collects and stores information about such actions. For example, when you search for jobs, Jobfundi may know and store the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Jobfundi, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Jobfundi, or any of your other behavior on the Jobfundi site, when you use Jobfundi. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have a Jobfundi account or a Jobfundi-hosted resume, you agree that Jobfundi may use this observed factual data to suggest jobs to you and to suggest you or your resume to persons who may be interested in your resume. You also agree that Jobfundi may contact you based on this observed behavior. Jobfundi may publicly display the fact that you have recently used the Jobfundi Site or the fact that you have recently used the Jobfundi system to correspond with a third party. All information we collect on this Site is subject to our Privacy Policy https://www.jobfundi.com/privacy-policy/. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

All user accounts that have not been in use on our systems for a maximum of 5 or more years will be deactivated.

Prohibited Use and Restrictions

The Site is not for use by anyone under the age of 16. By using the Site, you represent and warrant you are of the minimum age (described in the paragraph below) or older.

The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Jobfundi to lawfully provide the services on the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the Republic of South Africa, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Jobfundi under the supervision of your parent, legal guardian or responsible adult.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to, (a) access personally identifiable information not intended for you, (b) unless authorized by Jobfundi, test the security measures on the Site and/or attempt to identify system vulnerabilities, (c) impersonate any other user of the Site or forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site, or (e) overwhelm or disable the Site or interfere with the access and use of the Site by any other user.

If Jobfundi becomes aware of any of the foregoing activities, Jobfundi may investigate and may respond, and when appropriate, Jobfundi may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that Jobfundi expressly prohibits and you agree not to:

  • Provide any false or misleading information about your identity or employment information that you provide to Simply
  • Hired or you post through Jobfundi;
  • Post any false or inaccurate Submissions (defined below) or information;
  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Republic of South Africa or other countries, or laws pertaining to IP or publicity rights of others);
  • Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually oriented, threatening, or otherwise objectionable;
  • Harass, stalk, or otherwise subject any other user of the Site to unwanted and/or inappropriate contact;
  • Perpetrate a scam, spam Jobfundi users, or otherwise use the Site in furtherance of a fraudulent or otherwise illegal activity;
  • Transmit content that may be harmful to minors;
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  • Create multiple user accounts in connection with any violation of the Terms or create user accounts by automated means or under false or fraudulent pretenses;
  • Modify, adapt, translate, or reverse engineer any portion of the Site;
  • Contact other Jobfundi users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Jobfundi considers detrimental to its users;
  • Scrape the Jobfundi resume database;
  • Scrape or otherwise replicate any Jobfundi content for competitive purposes;
  • Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multi-level marketing scheme, pyramid scheme, franchise or distributorship arrangement;
  • Use the Site for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users’ employment opportunities;
  • Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services by directly posting within the Site or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication;
  • Make any changes, additions and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
  • Take any action that imposes an unreasonable or disproportionately large burden on the Site’s infrastructure;
  • Include any misleading, irrelevant information and/or hidden keywords in any Submissions posted by you;
  • Frame or link to the Site of any of the content or information available from the Site unless Jobfundi expressly consents to such linking and/or framing;
  • Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable to operations of the Site;
  • Use any robot, spider or other program or device to retrieve or index any portion of the Site;
  • Harvest or otherwise collect information about other users for any purpose other than use of the Site as expressly permitted herein; and
  • Use the Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited.
    Jobfundi reserves the right to take such action as it considers necessary, including issuing legal proceedings without
    further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a jobseeker or employer, or if you wish to purchase Jobfundi services that utilize the Site, you must have a prior written agreement with Jobfundi to do so, or have accepted Jobfundis online Terms of Service. Please [contact us] (“https://www.jobfundi.com/contact-us/”) for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. Jobfundi reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site or to edit, remove, or close any posting by you for any reason, including, without limitation, any action that Jobfundi, in its sole judgment, determines to be inappropriate or disruptive to the Site, Jobfundi, or any user, or if we determine that you have violated the Terms. Jobfundi may, without limitation of other available remedies, prevent any user from obtaining access to the Site for violations of Jobfundi policies or in its discretion.

You acknowledge that the Site contain content that Jobfundi creates as well as content provided by third parties. The foregoing prohibitions do not impose on Jobfundi, and Jobfundi does not assume, any obligation to monitor or remove any postings or other information or communication submitted by you or any other user. You may be exposed to content that may be offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Jobfundi, its licensors, or other providers of such material and are protected by the Republic of South Africa and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Payment

If you purchase services from Jobfundi, then you shall be charged if, and as, indicated by the Site. Details regarding payment plans are available on the Site. Charges are exclusive of taxes. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Indeed incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Jobfundi and only in the form of credit for Jobfundi services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Jobfundi may be shared by Jobfundi with companies who work on Jobfundis behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Jobfundi and servicing your account. Jobfundi may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Jobfundi shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Jobfundi shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Jobfundi. If you purchase a subscription plan, you acknowledge and agree that Jobfundi will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

Submission

You agree that you are responsible for the information and material that you post, submit, publish, display, or transmit to or through the Site, including without limitation the contents of job listings and resumes (each a “Submission”), and that you, not Jobfundi, have full responsibility for such Submissions, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user. All Submissions must comply with the Terms. Any Submissions you post to the Site will be considered non-confidential and non-proprietary. By providing any Submission on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your Submissions do and will comply with these Terms of Use.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USERS EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER Jobfundi NOR ITS SHAREHOLDERS OR AFFILIATED ENTITIES WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Although Jobfundi has no obligation to do so, we may monitor Submissions, and reserve the right to delete, or take any action we deem appropriate with respect to, any Submission or portion thereof that we deem, in our sole discretion, to violate the Terms, including any Submission that is unrelated to the specific portion of the Site on which it is posted or that we deem in our sole discretion to be inappropriate. We reserve the right to remove or refuse to post any Submission for any or no reason in our sole discretion. If you believe that a Submission violates these Terms or our policies, please (https://www.jobfundi.com/contact-us/ “contact Jobfundi”) immediately. For clarity, we do not have any obligation to remove any Submission, and the interpretation of whether any Submission violates any of our policies will always remain within our sole discretion.

Without limiting the generality of the foregoing, Jobfundi reserves the right (but is under no obligation) to remove any Submission that directly or indirectly discriminates against a user or a candidate for employment. Direct discrimination means, for example, that a Submission specifically makes clear that only employment candidates matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Submission implicitly excludes certain classes of candidates by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Submissions that directly or indirectly discriminate against a candidate for employment or otherwise violate applicable law.

Jobfundi reserves the right to disclose all Submissions and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that we may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. We further reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

YOU WAIVE AND HOLD HARMLESS Jobfundi AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Jobfundi OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Jobfundi, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, OR LAW ENFORCEMENT AUTHORITIES.

Submission Standards

You must not post any Submission that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any Submission that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding. Submissions must not impersonate any person or entity, or misrepresent the identity or affiliation with any person or entity.

You are prohibited from posting any Submission containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. We may remove any such identification information, but we do not undertake any obligation to do so, and we have no responsibility and disclaim all liability for any posting of such identification information. We reserve the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

License for Submissions

To the extent permitted by law, you grant Jobfundi a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sub licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all content and materials in any Submission for the purpose of publishing material on the Site or its publisher partners, maintaining the Site and promoting Jobfundi without restriction. Furthermore, you grant us, our affiliates, and sub licensees the license to use your name, user name, and/or trademarks and logos in connection with any such Submission or Jobfundi marketing materials, or actions by Jobfundi to promote or publicize such User Submission including the use of keywords in third-party internet search engines.

You represent and warrant that: (i) you own the Submission that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such Submission, and its posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such Submission and its posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such Submission. You agree to defend, indemnify and hold harmless Jobfundi and its affiliates from any claims resulting from any such Submission. If you wish to request to revoke the license granted by you in this Section for any such Submission, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such Submission. Your certified letter of request must include (a) the signature of the applicable rights holder for such Submission or a person authorized to act on behalf of the rights holder; (b) identification of the Submission for which the license is to be revoked, and information reasonably sufficient to allow Jobfundi to locate and remove such Submission on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated Submission; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such Submission. There may be a charge for answering and executing such a request; please contact us for more details.

Claims of Infringement

The Copyright law of South Africa governs copyright, the right to control the use and distribution of artistic and creative works in the Republic of South Africa. It is embodied in the Copyright Act 98 of 1978 . We suggest that you consult your legal advisor before filing a notice or any claims of infringement or of any nature. Also, be aware that there are penalties for false claims under the law of defamation.

Other Claims of Infringement. For claims of infringement that do not involve the Republic of South Africa copyright act, please contact us via our Site info @ jobfundi.com (remove spaces when sending email).

Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/), Safe Kids (“https://www.safekids.org/”) and OnGuard Online (http://onguardonline.gov/). Please note that Jobfundi does not endorse any of the products or services listed on such sites.

HR Management Tools

Jobfundi may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while Jobfundi is only providing the HR Management Tools for your and your employer’s use, and that Jobfundi accepts no responsibility for such use. Jobfundi does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

Disclaimer of Warranties

Jobfundi disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Jobfundi search results (including jobs listings) or otherwise made available on the Site by Jobfundi or third parties (including Submissions), regardless of whether paid for or used for free. Jobfundi disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Jobfundi for informational purposes only, including but not limited to, analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Jobfundi for the aforementioned information. Jobfundi disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including Submissions). Jobfundi further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Jobfundi be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Jobfundi be liable to you or any third party on account of your use or misuse of or reliance on any third party sites or service you link to from the Site.

Jobfundi further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Jobfundi as a result of technical problems or traffic congestion on the Internet or any third party websites (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the Site. Under no circumstances will Jobfundi be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Submissions, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOBFUNDI AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOBFUNDI AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, SUBMISSIONS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. JOBFUNDI AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY JOBFUNDI.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JOBFUNDI OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Jobfundi OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF JOBFUNDI AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID JOBFUNDI TO USE THE SITE. Without limiting the foregoing, under no circumstances shall Jobfundi or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with the Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Terms, by and under the laws of the Republic of South Africa, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located within the Republic of South Africa. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in the Republic of South Africa. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these Terms of Service, if you are located in the Republic of South Africa. You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Jobfundi. If you intend to propound discovery seeking user information from Jobfundi, you agree to do so pursuant to a valid state of South Africa legal request, addressed to and properly served at our registered mail in 3 Palmeit Street, Stikland Industrial, Cape Town, 7530. You further agree to submit to the personal jurisdiction of the appropriate Republic of South Africa state or federal courts for such discovery proceedings.

Indemnification

You agree to defend, indemnify and hold harmless Jobfundi from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of these Terms; (b) your use of, and access to the Site; (c) your loss of, or disclosure of, information gained from using the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content or Submission caused damage to a third party; or (g) your actions as an employer including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or candidate. You also agree that you have a duty to defend Jobfundi against such claims. You agree that this indemnity extends to requiring you to pay for Jobfundis reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Terms and your use of the Site.

Class Action Waiver

By using the Site and in return for the services offered by Jobfundi, you acknowledge that Jobfundi can only offer you these services under the Terms as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Jobfundi as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Jobfundi regarding your use of the Site. Additionally, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these Terms including this Class Action Waiver. If you do not agree to any part of these Terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the section titled Governing Law and Dispute Resolution above.

Waiver and Severability

No waiver by Jobfundi of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jobfundi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Jobfundi regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Miscellaneous

By accessing or using the Site, you signify your assent to these Terms and agree to comply with all applicable laws and regulations, including the South African export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a South African government embargo or other restriction, or that has been designated by the South African government as a “terrorist supporting” country; (b) on any of the South African  government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Jobfundis proprietary rights in them. You understand and acknowledge that Jobfundi or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Jobfundi reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your Submissions. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

Any notices to Jobfundi must be sent to Jobfundi via a certified first class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message or notice to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted. You may not assign or delegate any of your rights or obligations hereunder without Jobfundis prior written consent and any such attempt is void. Jobfundi may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Jobfundi may assign any agreement between you and Jobfundi to any related Jobfundi entity by informing you of such assignment. Jobfundi and you are not legal partners or agents, but are independent contractors.

Contact Us

Feedback, comments, requests for technical support, and other communications relating to the Site, but not related to privacy or copyright complaints, should be directed to: info @ jobfundi.com (remove spaces when sending email)

 

 

About Us

Jobfundi Pty Ltd
BEEE Level 1 contributor
Reg. no.  2018/535772/07

We are a South African online based jobs and candidates database hub.

We connect the best and most brilliant extraordinary people, provide cost effective means for employers to advertise jobs and offer a centralized candidates database hub with the niche quality candidates, for the tech and engineering spaces.

Contact Us

3 Palmiet Street
Stikland Industrial
Western Cape
South Africa
7530

+27 (0)71 791 7097
[email protected]
www.jobfundi.com