Website Terms and Conditions of Use Relating to www.sebenzi.co.za
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of
the Sebenzi ("the Provider") website located at the domain name
www.sebenzi.co.za ("the Website"). By accessing and using the Website, the User agrees
to be bound by the Terms and Conditions set out in this legal notice. The User may not
access, display, use, download, and/or otherwise copy or distribute Content obtained on
the website for marketing and other purposes without the consent of the Provider.
Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user
consents and acknowledges that any and all agreements, notices, disclosures, or any
other communication satisfies any legal requirement, including but not limited to the
requirement that such communications should be in writing.
E-Commerce & Privacy
The Website (www.sebenzi.co.za) is an online market place where employers and candidates meet.
Employers purchase tokens in order to request contact details from candidates. When a contact request is accepted by a candidate, a token is debited from
the employer's Website account. If the candidate misrepresents or does not respond to employer
calls/emails within a period of one week, the token may be credited. The use of any
product or service bought from this Website is at the purchaser's risk. The purchaser/
user indemnifies and holds the Provider harmless against any loss, injury or damages
which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce
facility, namely the User's personal information, credit card details
and telephone numbers will be kept in the strictest confidence by the Provider and not
sold or made known to third parties. Only the necessary information, that is the delivery
address and contact phone number will be made known to third parties delivering the
product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User's
electronic device (Personal Computer or other electronic device used to browse the
Website), which may result due to the lack of adequate virus protection software or
spyware that the User may inadvertently have installed on his/her device.
Credit Card Acquiring & Payment Gateway
Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered
systems operator and payment gateway in South Africa. Card Holders may go to
www.mygate.co.za to view MyGate's security policy.
Refund Policy
The employer may receive credit for a token debited if a candidate has provided false information.
In this case a token will be credited back onto the employers website account. Under no circumstances will a
cash refund be given for tokens purchased.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or remove from portions or the
whole of these Terms and Conditions from time to time. Changes to these Terms and
Conditions will become effective upon such changes being posted to this Website. It is
the User's obligation to periodically check these Terms and Conditions at the Website
for changes or updates. The User's continued use of this Website following the posting
of changes or updates will be considered notice of the User's acceptance to abide by
and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information at the Website. Content currently or anticipated to
be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or
any other third party owners of such content, and includes but is not limited to Literary
Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound
and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer
Programs ("the Content"). All such proprietary works, and the compilation of the
proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other
third party owner of such rights ("the Owners"), and is protected by South African and
international copyright laws. The Providers reserve the right to make any changes to the
Website, the Content, or to products and/or services offered through the Website at any
times and without notice. All rights in and to the Content is reserved and retained by the
Owners. Except as specified in these Terms and Conditions, the User is not granted a
license or any other right including without limitation under Copyright, Trademark, Patent
or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of
products or services, are provided on an "as is" basis, and may include inaccuracies or
typographical errors. The Owners make no warranty or representation as to the
availability, accuracy or completeness of the Content. Neither Provider nor any holding
company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or
indirect special, consequential or other damage of any kind whatsoever suffered or
incurred, related to the use of, or the inability to access or use the Content or the
Website or any functionality thereof, or of any linked website, even if Provider is
expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website
servers will in such instances collect the IP address of the User computer, but not the
email address or any other distinguishing information. This information is aggregated to
measure the number of visits, average time spent at the Website, pages viewed, etc.
The Provider uses this information to determine use of the Website, and to improve Content
thereon. The Provider assumes no obligation to protect this information, and may copy,
distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within
the Republic of South Africa. Access to the Website from territories or countries where
the Content or purchase of the products sold on the Website is illegal is prohibited. The
User may not use this Website in violation of South African export laws and regulations.
If the User accesses this Website from locations outside of South Africa, that User is
responsible for compliance with all local laws. These Terms and Conditions shall be
governed by the laws of the Republic of South Africa, and the User consents to the
jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the
provisions of these Terms and Conditions are found by a court of competent jurisdiction
to be invalid or unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of these Terms and Conditions, and the
remainder of these Terms and Conditions shall continue in full force and effect. These
Terms and Conditions constitute the entire agreement between the Provider and the User
with regard to the use of the Content and this Website.