These Terms of Service ("Terms") are effective as of:
1 September 2009 "Effective Date"
Last updated: 1 July 2024
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1 The website https://www.jobvine.co.za/ ("the Website") is operated and/or owned by JOBVINE a division of Fortress Administration (Pty) Ltd (registration number: 2011/010048/07) ("JOBVINE", "we", "our" or "us"). The Terms herein are entered into by and between JOBVINE and the User. Any reference to "JOBVINE", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose.
1.3 Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended “POPIA”).
1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
2.1 The following words and expressions shall bear the meanings assigned to them:
2.1.1 "Business Days" shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
2.1.2 "Cart" shall mean the User's Cart on the Website in which it stores intended purchases prior to payment being made;
2.1.3 "Credits" shall mean credits which are used for job adverts and any related purchased goods and/ or services which can be used immediately or stored for later use;
2.1.4 "Goods" shall mean the products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following:
2.1.4.1 introduction of Freelancers to Hirers and Recruiters for suitable permanent and gig opportunities; and
2.1.4.2 introduction of Jobseekers to Hirers and Recruiters for suitable permanent or gig opportunities;
2.1.5 "Freelancer" shall mean an independent contractor who provides services to Hirer on a per job or per project basis;
2.1.6 "Hirer" shall mean a person or entity seeking to retain the services of a Freelancer or Jobseeker for purposes of employment;
2.1.7 "Jobseeker" shall mean a person seeking employment with a potential Hirer or Recruiter;
2.1.8 "Party" or "Parties" shall mean JOBVINE and/or the User as the context implies;
2.1.9 "Personal Information" shall mean the Personal Information, as defined in POPIA, as required from the User in order to register and/or utilise the Services;
2.1.10 "Profile" means your profile you create on the Website as a Hirer, Jobseeker, Recruiter or Freelancer and any associated posts or responses made by you on the Website;
2.1.11 "Recruiter" shall mean a person or entity seeking to attract, obtain or secure talent for purposes of permanent employment or gig opportunities;
2.1.12 "Registered User" shall mean a User who has undergone the Registration Process in order to utilise the Services;
2.1.13 "Registration Process" refers to the Registration Process to be followed by a User on our Website in order to enable them to use the Services and thus make the transition from a User to a Registered User; User;
2.1.14 "Services" shall refer to the Services provided by us to the User as set out in clause 4 below;
2.1.15 "Terms" shall mean these Terms of Service as read together with the Privacy Policy, which may be found at https://www.jobvine.co.za/privacy-policy/; and
2.1.16 "User" shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us.
2.2 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3.1 Subject to, and on the basis of a User's acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
3.2 Certain clauses contained herein shall apply specifically to hirers, freelancers, recruiters or jobseekers as more fully set out herein.
3.3 JOBVINE reserves the right to update and/ or amend these Terms at any time and the version hosted on the Website at any time shall be the binding Terms between the Parties. You acknowledge that it is your responsibility to familiarize yourself with the Terms on the Website. JOBVINE endeavours to notify you of any substantial changes to the Terms from time to time.
4.1 The Website enables Users to shop for and purchase Goods and/ or Services by enabling the User to:
4.1.1 browse for and apply for job opportunities or related Services or Products;
4.1.2 view and apply to available job opportunities advertised on the Website;
4.1.3 advertise new job or gig opportunities;
4.1.4 view and respond to gig opportunities;
4.1.5 link with Jobseekers, Hirers, Freelancers and Recruiters on the Website.
5.1 Only Registered Users may order and purchase Goods through the Website.
5.2 In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.
5.3 The provisions pertaining to the processing of your Personal Information are set out more fully in our Privacy Policy.
5.4 Each time a User wishes to make use of the Services, the User shall be required to log into the Website using their login details.
5.5 In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at [email protected].
6.1 The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User's Cart. The price of each of the Goods shall be inclusive of VAT to the extent that we are registered for VAT.
6.2 The cost of delivery of the Goods shall also be included in the total comprising the User's Cart.
7.1 Payment may be made in one of the following manners:
7.1.1 Credit Card, where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
7.1.2 Electronic Funds Transfer ("EFT") or Bank Transfer.
7.2 Goods will only be released for delivery once payment has been received into our banking account.
7.3 We utilise the services of a secure payment gateway, namely Payfast, in accordance with their terms here: https://payfast.io/legal/general-terms-conditions/.
8.1 The digital Goods shall be delivered by email, SMS and download link on the Website.
8.2 Our obligation to provide the Goods to you is fulfilled upon delivery/collection thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to You.
8.3 Your use of the Website and Services is entirely voluntary and at your risk. Whilst we take every measure to ensure that access to the Website remains active 365 days a year, there may be instances where the accessibility or functionality of the Website is compromised due to technical errors or third-party dependencies outside of our control. Should the Website be inaccessible for any reason whatsoever, the User shall not be entitled to any refunds in respect of Services or Goods purchased. Further there is no guarantee on volumes, quality or quantities in respect of leads or applications on the Website as these are entirely dependent of market conditions.
9.1 The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
9.2 The User further warrants that when registering on the Website it:
9.2.1 is not impersonating any person; and
9.2.2 is not violating any applicable law regarding use of personal or identification information.
9.3 Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:
9.3.1 be used for personal use only; and
9.3.2 not be disclosed by a User to any third party.
9.4 For security purposes the User agrees to enter the correct login details whenever purchasing Goods, failing which access will be denied.
9.5 The User agrees that, once the correct login details relating to the User's account have been entered, irrespective of whether the use of the log in details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.
10.1 We make no representation or warranty (express or implied) that the Website or Services will:
10.1.1 meet a User's needs;
10.1.2 be accessible at all times;
10.1.3 be accurate, complete or current; or
10.1.4 be free from viruses.
10.2 Subject to any express terms, JOBVINE makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
10.3 Except for any express warranties in these Terms the Services are provided "as is". JOBVINE makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
10.4 JOBVINE does not warrant that the use of the Website will be uninterrupted or error free, nor does JOBVINE warrant that we will review information for accuracy.
10.5 JOBVINE shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of JOBVINE. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
11.1 By you using the Website and/or creating a profile on the Website you acknowledge and consent to JOBVINE processing your Personal Information. For further information on how we treat your Personal Information, please see our Privacy Policy, accessible here https://www.jobvine.co.za/privacy-policy/.. .
11.2 We process your Personal Information which may include, but is not limited to: Name; Email; Phone number; Budget; Email; Mobile number; Telephone Number; Current Job Tile; CV; Gender; Location; Employment Status; Highest Level of Education; Ethnicity; Date of Birth; Nationality and Any other information you willing share or post on your profile.
11.3 All Profiles posted on the Website may be shared on third-party platforms to maximise exposure and reach of your Profile. Third-party platforms shall be vetted and selected by JOBVINE in its sole and absolute discretion. By posting your Profile on the Website you specifically agree to and consent to JOBVINE publicly hosting and promoting your Profile on its Website, its associated social media platforms as well as other third-party platforms JOBVINE elects to utilise. Nothing contained herein shall give rise to an obligation on JOBVINE to share your Profile on any third-party platforms and JOBVINE reserves the right to determine the manner in which your Profile is shared on any third-party platforms. Notwithstanding the aforementioned, should JOBVINE elect to share your Profile on any third-party platform, JOBVINE shall not amend, augment or otherwise alter the content of your Profile loaded on the Website.
11.4 In order to promote responses to enquiries made by Users, User information may be automatically or manually shared with other Users of the Website in order to promote a better user experience for both sending and receiving parties where necessary. JOBVINE may automatically provide additional matches to any User in order to enhance the User experience and provide additional options to any Hirer or Recruiter over and above any selected Jobseekers or Freelancers selected by the Hirer or Recruiter.
12.1 A User may not use the Website for any objectionable or unlawful purpose.
12.2 A User, apart from uploading Personal Information as required when completing the Registration Process may also after the purchase of Goods add a review or comment relating to the Goods so purchased by it.
12.3 We reserve the right to remove any such review in the event that same is untrue, inflammatory or libelous.
12.4 A User undertakes not to send to us spam email, oremail or make use of other unsolicited mass e-mailing techniques.
12.5 A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us or by introducing or uploading any malicious code or viruses or similar malicious software on the Website.
12.6 A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
12.7 A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
12.8 A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.
12.9 JOBVINE reserves the right in its sole and absolute discretion to remove, delete or block any User Profile or ad created on the Website in the event that JOBVINE, in its sole discretion, believes that the Profile or ad may be or contain any information that may be considered as offensive, illicit, hateful, harmful, illegal, discriminatory, incitement of violence or against community morals or any legislative requirements. Any Profile or advert determined to offend the aforementioned shall be immediately removed from the Website and reported to the relevant authorities, if applicable.
13.1 By using the Website, you agree to receive marketing materials from JOBVINE and/ or its affiliates which shall consist of the below.
13.2 We will market to our existing database of registered Users through SMS, WhatsApp, email and telephony or your preferred manner of communication, as follows:
13.2.1 We will market new features and products being made available by the Website which is directly related to the User's purpose for signing up and engaging on the Website.
13.2.2 We will market to Users related services and relevant offerings provided by preferred third-parties for example:
13.2.2.1 training courses, payroll services, recruitment services, etc.
13.3 We will market Jobseeker profiles on 3rd party platforms to increase the exposure of those Jobseekers to increase potential applications and requests for proposals.
13.4 We will share our Users’ details with JOBVINE affiliates to offer related services and cross-match them to related opportunities.
13.5 You are able to withdraw your consent to receive marketing products from JOBVINE and/ or any third parties at any time in accordance with our POPI and Privacy Policy, available here: https://www.jobvine.co.za/privacy-policy/.
13.6 By continuing your use of the Jovine platform you hereby grant to JOBVINE a non-exclusive, worldwide, royalty-free, paid-up license to use your profile for JOBVINE’s marketing purposes.
14.1 The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User's access to or use of any third-party website.
15.1 The Website shall be used entirely at a User's own risk.
15.2 We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person's use of or conduct in connection with the Website, in any circumstance.
15.3 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue and we will not be liable for any and all damages or claims that may arise as a result thereof.
15.4 A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User's improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
15.5 To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User's use of the Website.
15.6 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
15.7 Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.
16.1 JOBVINE and the contents of the Website are the property of JOBVINE, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
16.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
16.3 Users are expressly prohibited to "mirror" any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
16.4 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
16.5 All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of JOBVINE.
17.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
17.2 We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
18.1 If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party's obligations, together with damages, if any, whether or not such obligations have fallen due for performance.
19.1 Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
19.2 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
19.3 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa ("AFSA") by an arbitrator or arbitrators appointed by AFSA.
19.4 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
19.5 The arbitration shall be held –
19.5.1 at/in Johannesburg or other venue agreed by the parties in writing;
19.5.2 in English; and
19.5.3 immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.
19.6 The Parties irrevocably agree that the decision in arbitration proceedings:
19.6.1 shall be final and binding upon them;
19.6.2 shall be carried into effect;
19.6.3 may be made an order of any court of competent jurisdiction.
20.1 We may assign or novate any of our rights or obligations under these Terms without a User's consent. A User may not assign or novate any of his/her rights.
21.1 The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
21.2 During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
22.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
22.2 Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Johannesburg, or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
23.1 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
24.1 The User and JOBVINE choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
24.1.1 JOBVINE: Adcorp Place, 102 Western Service Road, Johannesburg, South Africa, 2128 Email: [email protected]
24.1.2 User: The address as provided when registering on the Website.
24.2 Both the User and JOBVINE may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
24.3 All notices to be given in terms of these Terms will:
24.3.1 be given in writing;
24.3.2 be delivered or sent by email; and
24.3.3 be presumed to have been received on the date of delivery.