TERMS AND CONDITIONS

1. Definitions

• “Employee” means a registered JobCrystal user that is looking for employment opportunities.
• “Employer” or “You” means any natural or legal person that is a registered user of the JobCrystal service and wants to directly employ an Employee via posting a job on the JobCrystal website.
• “JobCrystal” and “We”, “Our” means JobCrystal (Pty) Ltd Registration number 2009/000610/07 of 40 Balmoral Heights, Balmoral Street, West Beach, 7441 and any of its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers, being the owner of the website.
• “Party/ies” or “User” means the Employer and/or Recruiter and/or JobCrystal

2. Services

• JobCrystal provides an online headhunting portal to assist Employers to instantly headhunt top talent for job opportunities, by way of using the JobCrystal service.

3. Information provided by the Employee

• 3.1. The Employee must provide us with true and accurate information upon registration, and amend their profile to reflect any changes to their situation or details, as soon as possible after such change occurs.
• 3.2. Employees may not post material that is offensive, derogatory, defamatory, obscene or pornographic, nor material that contains profanity, vulgarity, hate speech, or threats of violence.
• 3.3. Employees may not post copyright material without permission from the owner of that material.
• 3.4. Employees may not post any material that contains any advertising, promotion or solicitation of goods or services for commercial purposes.
• 3.5. We reserve the right not to place any content or material provided by you onto the site, and to remove such material for any reason, at our sole discretion.

4. Content provided by JobCrystal

• 4.1. Job Postings are independently published by third parties on the JobCrystal site. JobCrystal is not involved in the recruitment process and must not be considered to be an Employer in this context. JobCrystal will therefore not be held responsible for any Employee entering into any agreements or making any decisions of whatsoever nature as a result of job advertisements or any other information obtained through the site.
• 4.2. JobCrystal offers no guarantee with regards to the continued availability of job posts and as such may not be held responsible for any job vacancies being filled by an Employer prior to being closed or removed from the website.
• 4.3. JobCrystal makes every effort to ensure that job advertisements are legitimate employment opportunities, however can offer no guarantee that every job posted is an actual job vacancy.
• 4.4. We make no warranties or representations with regard to the information provided on this site; and no information appearing on the site, or linked to from the site, should be seen to constitute professional advice in any way.
• 4.5. We do not guarantee that the information or content on the site will be error-free or will meet any particular criteria of performance or quality.
• 4.6. We reserve the right to remove, modify or alter any content on the site, at our sole discretion.
• 4.7. We furthermore reserve the right to restrict access to any services, information or applications contained on the site, at our sole discretion.

5. Use of the JobCrystal site

• 5.1. The user will be fully responsible for any activity carried out on the site through his/her account.
• 5.2. The user is responsible for maintaining the integrity and confidentiality of his/her login details, including username, email address and password.
• 5.3. You must notify us immediately in the case of any unauthorised use of your username and password, or any suspected breach of security on your account.
• 5.4. We will make all reasonable endeavours to maintain the website, but we reserve the right to modify or withdraw, temporarily or permanently, the website or any part thereof, with or without notice to you, without incurring any liability to you or any third party.
• 5.5. You will not be eligible for any compensation if you are unable to use any part of the website due to a temporary failure or suspension caused by circumstances beyond our control.
• 5.6. We reserve the right to monitor and investigate any reported violation of these Terms and Conditions of Service, and to take any action that we deem appropriate, including, but not limited to, issuing a warning, enforcing suspension or account termination, or imposing conditional access on the user's account.
• 5.7. By using or accessing or viewing this website you agree to these terms and conditions, including any document that may be incorporated by reference thereto.
• 5.8. You may only use this website and its content in order to view, refer to, or print information for lawful purposes.
• 5.9. The use of this website does not extend to its’ source code or to the source code of any software or computer program that forms part of the website.
• 5.10. You are not allowed to republish any information obtained on this website or distribute it in any manner.
• 5.11. Use of this web site is strictly at your sole risk.
• 5.12. JobCrystal may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate: the operation of this website or withdraw any of the content; or your right to use this website.
• 5.13. JobCrystal reserves the right to make amendments to the content and information on this website. You acknowledge that each time you use the website it is your duty to familiarise yourself with any amendments that may have been made since you last used the website.
• 5.14. The use of malicious search technology is prohibited.
• 5.15. The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.

6. Transmission of information

• 6.1. Although we will take every reasonable step to ensure the confidentiality and security of your personal information, we will in no way be held liable for any loss, harm, or damage suffered by you as a result of transmitting sensitive information to us. See our Privacy Policy for more information.

7. JobCrystal's intellectual property

• 7.1. All content on this site, including design, graphics, trademarks, data, software and textual content, remain the property of JobCrystal, and any copyright infringement will be dealt with under the appropriate law.
• 7.2. Unauthorised copying or scraping of any content contained on this site is expressly prohibited.
• 7.3. No user may copy, reproduce, distribute, transmit, repost, publish or otherwise transfer or commercially exploit any information, software, code, design or other content accessed through this website.
• 7.4. Using any computer programme or routine to extract or attempt to extract any part of the content of the site, including user-generated content, is strictly forbidden. In addition, no user may decompile, reverse engineer, or disassemble any part of the site.

8. Links to third-party sites

• 8.1. Any links to other sites or resources are provided merely as a convenience, and the inclusion of any such link should not be taken as an endorsement of the site to which it points.
• 8.2. We are not responsible for the availability or correct functioning of the external sites or resources to which we link.
• 8.3. We have no control over the content of such linked pages or sites, and will not be held liable for any damage, loss or inconvenience suffered as a result of using these sites.
• 8.4. We will not be party to any transaction or contract that you may enter into with a third party as a result of following such a link, and we will not involve ourselves in any dispute that may arise between you and such a third party.

9. Risk and limitation of liability

• 9.1. You make use of this website entirely at your own risk. We will not be held liable for any costs, loss of profits, loss of data or consequential losses arising from or relating to the use of, or inability to use, this website.
• 9.2. We cannot guarantee that the site will always be fully operational and do not accept responsibility for any defects that may exist.
• 9.3. While we take all reasonable precautions to ensure that any downloads we may make available on the site are virus-free, we cannot warrant that such downloads will be virus-free, and will not be held liable for any losses you may incur as a result of downloading material from the site.

10. Enforcement of these Terms of Service

• 10.1. We reserve the right to suspend your access to the site or any part thereof at any time, if we deem your use of the site to be in any way abusive or in breach of these terms.
• 10.2. These Terms of Service will be governed by and construed in accordance with the laws of South Africa, and any dispute arising from them will fall under the jurisdiction of the South African courts.

1. Introduction

JobCrystal takes your privacy seriously. We undertake to ensure that your personal information is kept strictly confidential and is not disclosed to third parties without your permission, subject to the points below. The following Privacy Policy applies to all the web pages that form part of this website and use of the website will only be possible once the Privacy Policy has been accepted by you.

“Employee” means a registered JobCrystal user, that is passively or actively looking for employment opportunities.

“Employer” or “You” means any natural or legal person that is a registered user of the JobCrystal service and wants to directly employ an Employee via posting a job on the JobCrystal website.

“JobCrystal” and “We”, “Our” means JobCrystal (Pty) Ltd Registration number 2009/000610/07 of  40 Balmoral Heights, Balmoral Street, West Beach, Cape Town, 7441 and any of its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers, being the owner of the website.

“Party/ies” or “User” means the Employer and/or Recruiter and/or JobCrystal

2. Information collected from you:

Employees:

2.1. If you are an Employee, we will collect your name, contact details, username, password, address and current employment information

2.2. Further information may be collected from you throughout the time you use the website, including but not limited to your personal preferences, personality profile and employment history.

2.3. This information is used by us to support your interaction with our site and to match you to prospective employers.

2.4. Your e-mail address may be used to send you communication regarding job offers, to notify you of any changes or updates to the JobCrystal service and to send you relevant news and data from time to time. JobCrystal may also use your information to contact you about promotions and services which you may choose to unsubscribe to. We will not share your e-mail address with any third party unless you give us permission to do so.

2.5. By subscribing to the JobCrystal service, you give us permission to share your profile, job confirmation and character references received, excluding any personally identifiable details or contact information, with prospective employers.

2.6. In the event that you are identified by an employer for a position, your name and contact details will not be shared with the prospective employer until you have indicated that you wish to be contacted for an interview.

2.7. Profile information, including but not limited to salary data, employment history, personality profile and education history, will be aggregated by our system and used to display relevant information and suggestions to prospective Employers. The information displayed in this way will not be personally identifiable or linked to individual users in any way.

2.8. Should a prospective employer request any credential verification checks, including but not limited to employment references, consumer credit, criminal record, ID validation checks, etc for purposes specifically of considering employment, then you authorize JobCrystal's duly authorized verification agent, Managed Integrity Evaluation (Pty) Ltd (MIE) and their verification suppliers, to furnish information regarding your credentials, whether claimed or not, to MIE and to JobCrystal. You unconditionally indemnify MIE and it's verification information suppliers and JobCrystal against any liability that may results from furnishing information in this regard.

2.9. You understand that it is a condition of MIE's verification information suppliers that the information is furnished by them solely for the purposes of your proposed/continuation of employment via the offices of JobCrystal and that any information that is furnished to JobCrystal and MIE will be disclosed to you before a decision is made on your continued employment or application for employment.

2.10. Access to all of our Employees’ information is strictly limited to our offices. Only employees who need access to the information in order to perform a specific job (for example technical support) are granted access to personally identifiable information.

Employers:

2.11. If you are an Employer, we will collect your name, designation, company name, company information, contact details, email address, website address, username, password, billing information, transaction and credit card information. We may also collect other user names and email addresses that you have provided that will be authorised to use the site.

2.12. We may collect further information from you for the period you remain registered with the service.

2.13. This information is used by us to support your interaction with our site and to match you to prospective Employees.

2.14. You agree to respect the privacy of each Employee and to retain their personal information as confidential, and expressly agree not to use or disseminate such information outside of the bounds of this agreement and/or any other agreement that may be reached with such Employee.

2.15. By submitting your information to us as an Employer, you agree that we may perform various credit and background checks on you, including but not limited to Credit bureaus and CIPC.

2.16. Your email address may be used to send you communications regarding prospective Employees, to notify you of any changes or updates to the JobCrystal service and to send you relevant news and data from time to time. We will not share your email address with any third parties. From time to time, we may also use your email address to contact you for market research or to provide you with marketing information we think would be of particular interest which you may choose to unsubscribe to.

2.17. Access to all of our Employers’ information is strictly limited to our offices. Only employees who need access to the information in order to perform a specific job (for example technical support) are granted access to personally identifiable information.

3. Cookies

3.1. From time to time we may place cookies on your hard drive; a cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.

3.2. When you register and log in we will place a unique identifier cookie on your hard drive; this cookie will be used to maintain logged-in status for the duration of your visit, and to log you in automatically on subsequent visits.

3.3. You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options, but this will mean that you will have to log in manually each time you visit the site.

3.4. We may also use cookies to track the pages you visit so that we can deliver content based on your profile and past activity.

3.5. Cookie information is used only by JobCrystal and our agents, and is not provided to any other organisation.

 4. Other data

4.1. From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our site, the date and time you access the site, the pages that you access while at the site, and the Internet address of the website from which you navigated to our site.

4.2. This information is not personally identifiable and is used in aggregate for website and system administration, traffic and trend analysis and business decision-making.

5. Links to third-party sites

5.1.  Any links to other sites or resources are provided merely as a convenience, and the inclusion of any such link should not be taken as an endorsement of the site to which it points.

5.2.  We are not responsible for the availability or correct functioning of the external sites or resources to which we link. We have no control over the content of such linked pages or sites, and will not be held liable for any damage, loss or inconvenience suffered as a result of using these sites.

5.4.  We will not be party to any transaction or contract that you may enter into with a third party as a result of following such a link, and we will not involve ourselves in any dispute that may arise between you and such a third party.

6. Disclosure of Information

6.1. Should you choose to post any information of a personal or identifiable nature in areas such as the JobCrystal blog or in the “About me” section of your anonymous profile, please note that this information may be collected and used by others over whom JobCrystal has no control. We are not responsible for the personally identifiable information you choose to submit in these forums.

7.  Amendment of this Privacy Policy

7.1. We reserve the right to change this Privacy Policy from time to time in order to address new issues and reflect changes on our site.

7.2. Changes to the Privacy Policy will be posted here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. It is the user's responsibility to regularly check the terms posted here to determine whether any such changes have been made.

7.3. If our information practices change in the future, we will use only data collected from the time of the policy change forward for these new purposes, or we will contact you before we use your data for these new purposes and offer you the ability to opt out of these new uses.

8. Access to information:

8.1. Upon request, we will provide you with a description of the information that we maintain about you. We will accommodate all reasonable requests. Please contact us by e-mail at info@jobcrystal.co.za.

8.2. We may release account information to third parties when we believe, in good faith, that such release is reasonably necessary to a) comply with law, b) enforce or apply the terms of any of our user agreements, or c) protect the rights, property or safety of JobCrystal, our users, or others.

9. Agreement

9.1. By using this website, you indicate your acceptance of our Privacy Policy. Your continued use of the website following the posting of changes to these terms will be taken to mean that you accept those changes.

9.2. If you feel that we are not living up to our stated privacy policy, you may contact us at info@jobcrystal.co.za.

© Copyright 2009. All Rights Reserved JobCrystal.  

FAQ – Frequently Asked Questions from Candidates

FAQ – Frequently Asked Questions from Employers