1. General
1.1. Welcome to www.jobcrystal.co.za (“the Website”). The Website is the property of and is operated by JobCrystal (Pty) Ltd, a South African limited liability company with registration number: 2009/000610/07 and physical address: Unit 202 Omnipark, 102 Edward Street, Bellville, 7530 (“JobCrystal”, “we” or “us”).
1.2. These terms and conditions (the “General Terms and Conditions of Use”) govern your use of the Website.
1.3. The Website uses cookies. By using the Website, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
1.4. JobCrystal makes the Website available to you on the terms and conditions set out in these General Terms and Conditions of Use. By using the Website, you agree to comply with and be bound by these General Terms and Conditions of Use, and they will form a binding contract between you and JobCrystal. If you do not agree to these General Terms and Conditions of Use, you must not use the Website.
2. Privacy Policy and Severability of Terms
2.1. Please read the Privacy Policy.
2.2. The Privacy Policy is incorporated into these General Terms and Conditions of Use by this reference, and therefore applies to your use of the Website.
2.3. If you do not agree to the Privacy Policy or any part of it, you must not use the Website.
2.4. We reserve the right to make changes to the Website, these General Terms and Conditions of Use, and/or the Privacy Policy, at any time. Revisions will apply from the date of the publication of the revised terms on our Website and shall not have retrospective application.
2.5. If any of the provisions of these General Terms and Conditions of Use or the Privacy Policy is deemed by a competent court to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the remaining provisions, and shall not affect the validity and enforceability of any remaining provisions.
3. The Website
3.1. JobCrystal provides the Website, an online recruitment portal which enables:
3.1.1. natural persons who are registered users of the Website (“Candidates”) to publish their curriculum vitae on the Website, thereby making themselves available to be recruited by Employers for job opportunities; and
3.1.2. natural or juristic persons who are registered users of the Website (“Employers”) to search for talent for job vacancies.
3.2. Candidates and Employers (collectively, “Users”) use the Website entirely at their own risk.
4. Information provided by Candidates and Employers
4.1. You, the User, must provide us with true and accurate information upon registration, and must amend your profile to reflect any changes to your situation or details, as soon as possible after such change occurs.
4.2. Any and all personal information and/or data furnished to us by you in the course of your use of the Website shall be handled in accordance with the terms of our Privacy Policy, and by using the Website, you consent thereto.
5. Acceptable Use of the Website
5.1. You are fully responsible, to the exclusion of JobCrystal, for any activity carried out on or by means of the Website through your account.
5.2. You are responsible for maintaining the integrity and confidentiality of your 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. The Website may be used only for the Authorised Purpose, as follows:
5.4.1. Employers may browse the curriculum vitae of Candidates which have been published on the Website for the purpose of recruiting suitable Candidates to fill job vacancies; and
5.4.2. Candidates may browse Job Advertisements which have been published on the Website for the purpose of applying for the job vacancies so advertised,
and for no other purposes whatsoever.
5.5. You must not:
5.5.1. use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
5.5.2. use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or destructive computer software or code;
5.5.3. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website;
5.5.4. use the Website or any information appearing thereon in connection with any surveys, contests, competitions and/or pyramid schemes, nor to transmit or send chain letters, junk e-mail, spam, or any other unsolicited commercial communications;
5.5.5. remove, obscure or alter any legal notices displayed on the Website.
5.5.6. republish or otherwise distribute any information obtained on the Website, without the prior written consent of the proprietor of the information concerned;
5.5.7. submit for publication (“post”) on the Website material that is offensive, derogatory, defamatory, obscene or pornographic, nor material that contains profanity, vulgarity, hate speech, or threats of violence;
5.5.8. submit to the Website or post on the Website, the personal information of any person (whether natural or juristic) without that person’s express prior consent;
5.5.9. post copyright material without permission from the owner of that material; and/or
5.5.10. post any material that contains any advertising, promotion or solicitation of goods or services for commercial purposes.
5.6. You, as User, represent and warrant to JobCrystal that any material or information that you submit to JobCrystal, for publication on the Website or otherwise:
5.6.1. is in compliance with applicable laws, and does not violate the rights of any third party, including privacy and intellectual property rights;
5.6.2. shall not be defamatory or maliciously false, nor inappropriate or obscene;
5.6.3. shall not constitute an incitement to commit a crime, or be in contempt of any court, or in breach of any court order, or be in breach of racial or religious hatred or discrimination laws;
5.6.4. shall not depict or incite violence, or be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful or discriminatory;
5.6.5. shall not be of a nature likely to bring JobCrystal or our Website into disrepute; and/or
5.6.6. shall not constitute spam.
5.7. JobCrystal reserves the right not to publish any content or material submitted by a User for publication on the Website, and to remove or edit such material, for any reason whatsoever, at any time, but we do not undertake to monitor the submission or posting of material by Users.
5.8. You acknowledge and agree that no information submitted by you for publication on the Website will be treated by us as confidential.
5.9. JobCrystal reserves the right to modify, suspend or withdraw, temporarily or permanently:
5.9.1. the Website or any part thereof; and/or
5.9.2. any User’s right to utilise the Website,
with or without notice to you or any other User, and without incurring any liability to Users or any third party.
6. Content on the Website
6.1. Postings of job vacancies (“Job Advertisements”) are independently published by Employers on the Website. JobCrystal is not involved in any recruitment process and must not be considered to be an Employer in this context. JobCrystal will have no liability to any person arising out of any Candidate entering into any agreement or making any decision of whatsoever nature as a result of Job Advertisements or any other information published on or otherwise obtained through the Website.
6.2. Curricula vitae posted on the Website are independently published by Candidates on the Website. JobCrystal will have no liability to any person arising out of the content of any curriculum vitae so published being found to be inaccurate or otherwise untrue for any reason, or arising out of any Employer entering into any agreement or making any decision of whatsoever nature as a result of a curriculum vitae or any other information published on or otherwise obtained through the Website.
6.3. JobCrystal:
6.3.1. offers no guarantee with regards to the continued availability of the vacancies referenced in Job Advertisements, and as such may not be held responsible for any job vacancies being filled by an Employer prior to the Job Advertisement being closed or removed from the Website;
6.3.2. takes commercially reasonable steps to ensure that Job Advertisements are for legitimate employment opportunities, but does not guarantee that every Job Advertisement posted is for an actual job vacancy;
6.3.3. takes commercially reasonable steps to ensure that curricula vitae are published by and in respect of actual natural persons, however does not guarantee that every curriculum vitae posted is posted by and in respect of an actual natural person;
6.3.4. makes no warranties or representations with regard to any information provided on or accessible by way of the Website; and no information appearing on the Website, or linked to or from the Website, should be seen to constitute professional advice in any way;
6.3.5. does not guarantee that any information or content on the Website will be error-free or will meet any particular criteria of performance or quality;
6.3.6. reserves the right to restrict access to any services, information or applications contained on the Website, at our sole discretion, at any time.
7. JobCrystal's intellectual property
7.1. All content on the Website, including design, graphics, trademarks, images, logos, data, functions, software, and textual content (collectively, “the Content"), is the property of JobCrystal or its content suppliers and is protected by national and international copyright and other intellectual property laws.
7.2. You may not copy, reproduce, distribute, display, modify, create derivative work from, transmit, repost, publish or otherwise transfer or commercially exploit (other than for the Authorised Purpose) any information, software, code, design or other content accessed through the Website, without the prior express written consent of JobCrystal or its content suppliers, as the case may be.
7.3. You may not use any computer programme or routine to extract or attempt to extract any part of the content of the Website, including user-generated content. In addition, no User may decompile, reverse engineer, or disassemble any part of the Website.
8. License and Website Access
8.1. JobCrystal hereby grants you, as User, a limited, nonexclusive and non-transferable license to view, print or download any Content from the Website for the Authorised Purpose only, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other commercial use whatsoever.
8.2. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for the Authorised Purpose (but not for resale, redistribution or any other commercial use).
8.3. Any unauthorized use of the Website and/or the Content immediately terminates the license granted to you by JobCrystal in terms of clause 8.1 above, without the need for JobCrystal to give you notice thereof.
8.4. You will be solely responsible for all damages and other harm arising out of your use of the Website and/or the Content. JobCrystal shall not be liable for, and you hereby indemnify and hold JobCrystal harmless against, any loss or damage of whatever nature arising out of your use of the Website and/or the Content.
9. Links to third-party sites
9.1. Any links to other sites or resources (“Third Party Websites”) are provided merely as a convenience, and the inclusion of any such link should not be taken as an endorsement by JobCrystal of the Third Party Website to which it points.
9.2. We are not responsible for:
9.2.1. the availability or correct functioning of any Third Party Websites; and/or
9.2.2. any content, services and/or products provided by or displayed on any Third Party Website, nor is JobCrystal responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of the users of such Third Party Websites, and will not be held liable for any damage, loss or inconvenience suffered as a result of any person using these sites.
9.3. These General Terms and Conditions of Use, and our Privacy Policy do not apply to any Third Party Website. Should you choose to access any Third Party Website through a hyperlink posted on the Website, you must read the terms and conditions of use, privacy policy and other policies of such Third Party Website.
9.4. We will not be party to any transaction or contract that you may enter into with a third party as a result of following a link to a Third Party Website, and we will not involve ourselves in any dispute that may arise between you and such a third party.
10. Risk and limitation of liability
10.1. The Website, which includes without limitation all information, content, materials, functionalities, software and services comprising, included on or otherwise made available to you through the Website, is provided by JobCrystal on an "as is" and "as available" basis.
10.2. You make use of the Website entirely at your own risk. JobCrystal 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, the Website.
10.3. We cannot guarantee that the Website will always be fully operational and do not accept responsibility for any defects that may exist.
10.4. 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.
10.5. You will be solely responsible for all damages and other harm arising out of your use of the Website and/or the Content. JobCrystal shall not be liable for, and you hereby indemnify and hold JobCrystal harmless against, any loss or damage of whatever nature arising out of your use of the Website and/or the Content.
10.6. JobCrystal makes no representations or warranties of any kind, express or implied, as to the operation, security or integrity of the Website, unless otherwise specified in writing. JobCrystal` does not warrant that the Website, the JobCrystal servers, or any e-mail sent from JobCrystal will be free of viruses or other harmful components.
10.7. You expressly agree that:
10.7.1. your use of the Website is at your sole risk;
10.7.2. to the full extent permissible by applicable law, JobCrystal disclaims all warranties, express or implied, including but not limited to any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill; and
10.7.3. JobCrystal will not be liable for any loss or damage of any kind, whether direct, indirect, incidental, punitive, or consequential, arising from the use of the Website, unless otherwise specified in writing.
10.8. You hereby indemnify JobCrystal and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by us arising out of any breach by you of any provision of these General Terms and Conditions of Use, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct.
11. Default and Enforcement of these Terms
11.1. We reserve the right to monitor and investigate any reported violation of these Terms and Conditions of Use, and, without prejudice to our other rights under these General Terms and Conditions of Use or in law, to take any action that we deem appropriate, including, but not limited to, issuing a warning, suspending your access to the Website or any part thereof at any time, imposing conditional access on your account, enforcing account termination, and/or including bringing court proceedings against you.
11.2. If you do not comply with these General Terms and Conditions of Use, and we do not take immediate action, this does not mean that we waive our rights under the General Terms and Conditions of Use, and we will remain entitled to take action against you in the future.
12. Assignment
12.1. JobCrystal may transfer, sub-contract or otherwise deal with our rights and/or obligations under these General Terms and Conditions of Use without notifying you or obtaining your consent.
12.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these General Terms and Conditions of Use.
13. Exclusion of third party rights
These General Terms and Conditions of Use are for the benefit of you (the User) and us (JobCrystal), and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these General Terms and Conditions of Use is not subject to the consent of any third party.
14. Governing Law
The laws of South Africa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Use shall be brought in South Africa.
15. Entire agreement
These General Terms and Conditions of Use (which incorporate the Privacy Policy) constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
© Copyright 2009. All Rights Reserved JobCrystal.
