PLACEMENT PLUS (PTY) LTD - TERMS AND CONDITIONS OF USE
Last updated January 2022
The use of this Platform is subject to the terms and conditions of use (“Terms”) as set out below. By using this Platform, Users agree to observe these Terms and any other policies which appear on this Platform. By accessing or using the Platform, you are agreeing to these Terms and are concluding a legally binding contract with Placement Plus (Pty) Ltd, a company registered in accordance with the laws of the Republic of South Africa (" Placement Plus", “we”, “us” or “our”). If you do not wish to be bound by these Terms, then further use of the Platform is prohibited.
DEFINITIONS
The following definitions apply in this document:
1.1 “Applicable Law” means the law of the Republic of South Africa
1.2 “Business Day” means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in South Africa.
1.3 “Client” means a user registered on the Platform and who has a current Subscription Agreement with Placement Plus for use of the Subscription Services.
1.4 “Application” means the information and material submitted by a User via the Platform for which the User applies for a position offered by an Employer in respect of a job application.
1.5 “Application Material” means all data (including User Data, notes, comments, videos, records, responses from an Employer) about an Application submitted on the Platform and may include text messages, emails, images, photos, audio, video, location data, and all other forms of data or communication.
1.6 “Candidate” means a natural person seeking employment with a potential employer.
1.7 “Content Guidelines” means the guidelines referred to in clause 6.1.3
1.8 “CPA” means the Consumer Protection Act 68 of 2008, as amended.
1.9 “Employer” means a company or legal entity seeking to employ a natural person for a position/vacancy advertised by the Employer.
1.10 "ECTA” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
1.11 “Fees and Charges” means any monies charged by Placement Plus to the Client in terms of a Subscription Agreement
1.12 “Invoice” means any invoice for Fees and Charges given to Client for services rendered in terms of a Subscription Agreement
1.13 “Platform” means the website, www.placementplus.co.za , and mobile application accessible through this website, www.placementplus.co.za, of which Placement Plus is the registered licensee.
1.14 “Platform Content” means any content that we create and make available in connection with the Platform including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Applications Material, User Data computer code, products, software, aggregate User review ratings, and all other elements and components of the Platform content excluding Applications Material and User Data and third-party content (the “Platform Content”) is owned by Placement Plus
1.15 “Privacy Policy” means the privacy policy accessed through the website placementplus.co.za/privacy as amended from time-to-time.
1.16 “Non-Subscription User” means a User who has an account on the Platform but who does not have a Subscription Agreement with Placement Plus.
1.17 “Service Provider” means a person, company, service, organization or brand which performs value added services to Placement Plus for the subject of an Application submitted on the Platform, and includes both Non-Subscription Users and Clients.
1.18 “Subscription Agreement” means the agreement which a User enters into with Placement Plus in order to receive value-added services from the Platform;
1.19 “Subscription Services” mean the additional services provided by Placement Plus to a Client when a client concludes a Subscription Agreement with us.
1.20 “User” means a person that accesses, browses, crawls, scrapes, or in any way uses the Platform and includes but is not limited to: any person who submits an Application in response to having previously had a transactional relationship with a brand/company/service.
1.21 “User Data” means data that is entered into by the User on the User’s account in the Platform, such as name, identity information, contact details, employment history, educational qualifications, work history, social media data, the Application and any supporting documentation and images submitted by the User relating to the Application. In the case of Users who are Service Providers, User Data includes your trademarks, logos and other information (including location and contact details) that you submit on the Platform.
2. ACCESS TO THE PLATFORM
2.1 To be eligible to access or use the Platform:
2.1.1 if you are a natural person, you must be 18 years or older and have the requisite power, authority and capacity to enter into these Terms; and
2.1.2 if you are a company or other juristic entity, then the person agreeing to these Terms on behalf of that company or juristic entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or juristic entity to these Terms. Where a company is registered to use the Platform, Users are restricted to:
2.1.2.1 Users who are employees or company representatives registered as Users on the Platform and who have an email address with the same domain name as the company as specifically registered on the order form/subscription agreement; or
2.1.2.2 employees or company representatives have been submitted to Placement Plus by authorized representatives of the Client after the order form has been submitted
2.1.3 We may, in our discretion, request that you furnish us with evidence of compliance with clause 2.1.1 and you must deliver the same to us promptly.
2.1.4 Subject to Applicable Law, Placement Plus may revoke or suspend a User’s account or suspend your ability to use certain portions of the Platform, and/or ban you altogether from the Platform, in its absolute discretion for any reason that it sees fit, including for breach of these Terms by a User. Placement Plus will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
3. REVISION TO TERMS
3.1 Placement Plus may revise these Terms at any time by posting an updated version on the Platform. Any such modification will be effective upon our posting of new Terms.
3.2 You should visit this page periodically to review the most current Terms
3.3 You understand and agree that your access to or use of the Platform is governed by the Terms effective at the time of your access to or use of the Site.
3.4 If we make material changes to these Terms, we will notify you either by email or by posting a notice on the Platform prior to the effective date of the changes.
3.5 We will also indicate at the top of this page the date that revisions were last made.
4. CONSUMER PROTECTION ACT
4.1 If you are a User who is considered a “consumer” in terms of the CPA, the provisions of this clause, Clause 4 should be carefully noted by you because such provisions:
4.1.1 may create risk or liability for you; and/or
4.1.2 may limit the risk or liability of Placement Plus or a third party; and/or
4.1.3 may compel you to indemnify Placement Plus or a third party; and/or
4.1.4 serves as an acknowledgement, by you, of a fact.
4.2 The relevant provisions for purposes of clause 4.1 are:
4.3 Clause 15 in terms of which:
4.3.1 you agree to indemnify us from certain third-party claims. The effect of the indemnity is that you may be obliged to reimburse us if any third-party makes a claim against us in connection with the matters referred to therein;
4.3.2 we limit the scope of our liability to you; ii) you agree to reduce the types of remedies you have against us; and iii) you agree to us limiting the type of damages and other amounts you may claim from us. The effect thereof may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us.
4.4 Clause 14 in terms of which:
4.4.1 we limit the scope of our liability to you; and
4.4.2 you agree to indemnify us from certain third-party claims and their effect whereof (i) you agree to reduce and/or waive and/or limit certain claims you might otherwise have had against us; and ii) you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein.
4.5 If there is any provision in these Terms that you do not understand, it is your responsibility to ask Placement Plus to explain it to you before you accept the Terms or continue using the Platform.
4.6 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Placement Plus in terms of the CPA.
4.7 If you are a juristic person:
4.7.1 you may have furnished us with copies of your financial statements and/or made other disclosures of a financial nature (collectively the “financial disclosures”) to us for purposes of us determining whether the CPA applies to the agreement between us constituted by these Terms;
4.7.2 you warrant and undertake that the financial disclosures are true, accurate and correct at the time the same were furnished. In this regard, you indemnify us in respect of loss, damage or expense incurred or suffered by us in connection with a breach thereof.
5. HOW THE PLATFORM WORKS
5.1 The Platform functions as a portal for Users to engage with a Company/Employer with regard to an application for employment or a vacancy.
5.1.1 The user consents to the Employer conducting verification checks for their suitability as a candidate and such verification checks include the below checks which are not an exhaustive list but serve as a guideline of the types of checks to be carried out:
5.1 1.1 Identity verification and validation
5.1 1.2 Passport verification and validation
5.1 1.3 Driver’s license and Professional Driving Permit check
5.1 1.4 Work permit
5.1 1.5 Permanent residency
5.1 1.6 Employment history
5.1 1.7 Educational qualifications
5.1 1.8 Director/member of company check
5.1 1.9 Criminal record check
5.1 1.10 Credit record check
5.1 1.11 Social Media check
5.1 1.12 Bank verification
5.1 1.13 Social Media check
5.1 1.14 Professional Association checks
5.2 In using the Platform, you consent to the User Data being reviewed for purposes of addressing the Application.
5.3 The Platform features the following key functionalities
5.3.1 Any User of the Platform who wishes to submit or respond to an Application (irrespective of whether the User is a Client or not) is required to create an account on the Platform;
5.3.2 A User submits an Application on the Platform by populating all the relevant fields in the Applications submission form together with supporting documents and images – still and video - related to the Application;
5.3.3 The Platform keeps activity logs of all engagements between an Applicant, User, Company/Employer and a Service Provider in respect of an Application, in order to record the work interventions and responses to the Application by the various parties; and
5.3.4 The Platform provides an online chat portal in terms of which Applicants, Users, the Company/Employer, Service Providers and Placement Plus can communicate electronically with each other in respect of a specific Application.
5.3.5 Users who are Non-Subscription Users are only able to access the functionalities outlined in Clause 6 below, which are functionalities only applicable to Clients on payment of a once-off payment.
5.3.6 As a hosted and managed service, Placement Plus reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform in its absolute discretion.
5.3.7 Placement Plus shall not exercise its rights under clause 5.3.6 in a manner that would intentionally cause the User to lose access to User Data, other than in accordance with the terms of these Terms.
6. SUBSCRIPTION SERVICES
6.1 Additional features and services offered through the Subscription Services
6.1.1 Should you wish to make use of additional services provided by the Platform, you have an option to become a Client of Placement Plus by engaging our Subscription Services. The Subscription Agreement gives Clients access to additional services which include, but which are not limited to the following:
6.1.1.1 downloading, saving or copying the Applications Material onto any other database;
6.1.1.2 Accessing aggregated data collated by the Platform in relation to Applications, included but not limited to data aggregated according to type of Application region of Application and/or the response rates to the Application,
6.1.1.3 The ability to participate in any other value-added services such as marketing and advertising on the Platform.
6.1.2 Placement Plus may introduce additional services to the Subscription Services and/or Fees Charges by giving the Client written notice of their availability and applicability.
6.2 Payment for Subscription Services
6.2.1 The Client agrees to pay all Fees and Charges to Placement Plus as required for the use of the Platform. Payments are due monthly in advance and payable by debit order.
6.2.2 Subject to a change in these Terms, no Subscription Services shall commence until a Subscription Agreement has been signed by the User and until payment of the first monthly installment due in terms of the Subscription Agreement has been received and verified by Placement Plus.
6.2.3 All Fees and Charges for the Subscription Services shall be payable by the first business day of each month. Payment shall be made in advance, except for those service which are billed in arrears. Placement Plus shall issue a tax invoice in respect of each month’s subscription.
6.2.4 Should the Client dispute the Fees and Charges on an Invoice; the Client must notify Placement Plus of the disputed item within 5 Business Days of the date of the Invoice. The Client must pay the amount of the Invoice not in dispute within the prescribed payment period.
6.2.5 Overdue Invoices shall accrue interest at the rate of 1.5% per month, or in default, the maximum rate of penalty interest prescribed under law.
6.2.5 Placement Plus shall notify the User of any changes to existing Fees and Charges.
6.3 Access to the Subscription Services
6.3.1 Continued access to the Subscription Services shall be conditional on you continuing to make payment of the subsequent installments, as and when they fall due for payment.
6.3.2 All amounts shall be paid by you without deduction or set-off whatsoever on the due date.
6.4 Cancellation of Subscription
6.4.1 The Subscription Services endure for an indefinite period until terminated by either Party under clause 6.3.2.
6.4.2 Should you wish to terminate the Subscription Services you may give written notice of termination in accordance with the terms of the Subscription Agreement.
6.4.3 We may add or delete features to your Subscription Service at any time. Your only remedy if you are unhappy with the changes made to your Subscription Service is to terminate your Subscription Agreement.
6.4.4 We may discontinue any Subscription Service at any time on 30 days’ notice. Your only remedy in such circumstances will be to receive a refund of any amounts paid by you in advance for any period after the Subscription Service was discontinued.
6.4.5 Changes in pricing applicable to Subscription Services will be given on 30 days’ notice to you at any time.
6.4.6 Placement Plus may revoke or suspend the Client’s license to access the Platform for unpaid Fees and Charges without liability.
7. CIRCUMVENTING THE PLATFORM
7.1.1 By using the Platform, Candidates and/or Users warrant that they will not circumvent the Placement Plus Platform, and that all Applications once submitted on the Platform must be addressed using the facilities and resources provided by the Platform.
7.1.2 Users may only engage directly with the Employer/Service Provider by choosing to 'opt out' of the Platform and by giving written notice to Placement Plus.
7.1.3 Placement Plus reserves the right to legally pursue Clients who circumvent the Placement Plus Platform to the fullest extent of the law.
8. CONTENT GUIDELINES
8.1 Vetting content
8.1.1 Any Application submitted onto the Platform is subject to the following screening process before it is published on the Platform:
8.1.1.1 Built-in algorithms screen the content for any language which is abusive/lewd/obscene or otherwise objectionable and supporting documentation to verify the legitimacy of the Application; and
8.2 Prohibited content
Users are prohibited from submitting Application Material on the Platform which:
8.2.1 is offensive, derogatory, defamatory, racist or insulting;
8.2.2 amounts to hate speech – hate speech is harmful or hateful content that discriminates on the basis of prohibited grounds such as race, gender, ethnicity, sexual orientation or religion;
8.2.3 is fraudulent or untrue;
8.2.4 is harassing or threatening;
8.2.5 is abusive, obscene, pornographic, indecent, lewd, suggestive or otherwise objectionable;
8.2.6 is invasive of the privacy of others – for example posting the personal information of others without their consent including but not limited to their surname, address, phone numbers, email address and credit card number;
8.2.7 infringes on intellectual property rights of any party. This includes but is not limited to posting content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, Users may not post content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programmers or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
8.2.8 constitutes, encourages or promote an illegal activity, criminal offense, give rise to a civil liability violate the rights of others,
8.2.9 is submitted by impersonating any person or entity or otherwise misrepresenting your affiliation with any person or entity
8.2.10 contains viruses, corrupted data or other harmful or destructive files; or
8.2.11 amounts to advertising including but not limited to unsolicited promotions, mass mailing or “spamming”, political campaigns, transmission of junk mail, chain letters and /or competitions.
8.3 User warranty
For any Applications Material submitted on the Platform, you warrant that:
8.3.1 you are a bona fide Applicant and that when submitting an Application;
8.3.2 all facts contained within your application are true and accurately describe you and your experience;
8.3.3 the Application is a genuine Application and you have a bona fide intention to engage with the Company/Employer; and
8.3.4 you are not lodging the Application simply to defame the Company and/or lower its esteem in the eyes of the Public;
8.3.5 you own or have the necessary permissions to use and authorize the use of your Application Material as described herein;
9. OWNERSHIP OF PLATFORM CONTENT
9.1 User data
9.1.1 The User agrees that any User Data and Application Material submitted with an Application shall become the property of the Client which is the subject of that particular Application.
9.1.2 Placement Plus obtains no right, title or interest in the User Data of individual Users
9.1.3 Despite clause 9.1.1, Placement Plus shall be authorized to permanently delete User Data where:
9.1.3.1 Outstanding Fees and Charges remain unpaid in accordance with clauses 10 and 11; and/or
9.1.3.2 The User deregisters or is inactive for a period of 36-months;
9.1.3.3 Placement Plus, in its sole and absolute discretion, deems the User Data to constitute prohibited content as contemplated in clause 8.1 above.
9.1.4 Placement Plus shall not access, use, modify or otherwise deal with User Data except where required by compulsion of law or upon the User's implied or express authority (such as to provide support for the Platform, such as correcting User Data which has been erroneously submitted to the Platform
9.1.5 Placement Plus bears no responsibility for User Data and it is the User's sole responsibility to ensure that it has backups and/or access to the copies of the User Data stored in the Platform.
9.2 Platform content
9.2.1 Any Content that we create and make available in connection with the Platform including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Applications Material, User Data computer code, products, software, aggregate User review ratings, and all other elements and components of the Platform content excluding Your Content, User Content and third-party content (the “Platform Content”) is owned by Placement Plus
9.2.2 We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Platform Content and the Platform which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
9.2.3 As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Platform Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Platform and the Platform Content are retained by us.
9.2.4 User Content (including any that may have been created by Users employed or contracted by Placement Plus) does not necessarily reflect the opinion of Placement Plus.
9.2.5 We reserve the right to remove, screen, edit, or reinstate User Data from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove an Application if we believe it violates our Content Guidelines.
9.2.6 We have no obligation to retain or provide you with copies of User Data, nor do we guarantee any confidentiality with respect to User Data
9.2.7 You should independently verify any User Data on the Platform before relying on it. The information and material on the Platform is not a substitute for your own judgment. You should make all necessary enquiries and take all necessary professional advice before making use of goods or services referred to on the Site.
10. RESTRICTED USE OF THE PLATFORM
All Users agree not to, and not to assist, encourage, or enable others to use the Platform to:
10.1 violate our Content Guidelines;
10.2 transmit, post, distribute, store or destroy material, including without limitation on the Platform, in violation of any Applicable laws or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Placement Plus’s Privacy Policy; take any action that imposes an unreasonable or disproportionately large load on the Platform infrastructure;
10.3 use any device to navigate or search the Platform other than the tools available on the Platform, generally available third-party web browsers, or other tools approved by Placement Plus.
10.4 use any data mining, robots or similar data gathering or extraction methods to access, retrieve, scrape or index any portion of the Platform including not limited to information on Users;
10.5 violate or attempt to violate the security of Placement Plus website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
10.6 reverse engineer or decompile any parts of any of the Platform;
10.7 aggregate, copy or duplicate in any manner any of the Platform Content or information available from the Platform, other than as permitted by these Terms;
10.8 frame or link to any Platform Content or information available from the Platform, unless permitted by these Terms;
10.9 share any login credentials to the Platform with a third party unless permitted by these Terms;
10.10 use the Platform to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of; or otherwise cause harm to the Platform or the Platform Content
10.11 access data not intended for the User or log into a server or account which you are not authorized to access;
10.12 post content that contains restricted or password-only access pages, or hidden pages or images;
10.13 solicit passwords or personally identifiable information from other Users;
10.14 delete or alter any material posted by any other person or entity;
10.15 send unsolicited mail or emails make unsolicited phone calls whether commercial in nature or not or contact any users that have specifically requested not to be contacted by the User/Client.
10.16 use any device software or routine that attempts to interfere with the proper working of the Platform, including, without limitation, via means of submitting a virus to the Platform, "flooding", "spamming", "mailbombing" and/or "crashing"; and/or
10.17 interfere with any security-related features of the Platform, features which prevent or restrict the use pf copying of Platform Content or features that enforce limitations on the use of the Platform
11. SECURITY AND ACCESS
11.1 Placement Plus takes the security of the Platform and the privacy of its users very seriously and shall take reasonable steps to ensure that the Platform is secure from unauthorized access consistent with commercially available ongoing online security practices.
11.2 The User agrees that the User shall not do anything to prejudice the security or privacy of Placement Plus's systems or the information on them and that Placement Plus is in no way liable for any breach of its systems that results in unauthorized access to or corruption of User Data, including but not limited to viruses.
11.3 The User is solely responsible for the security of its usernames and passwords which provide access to the Platform including the restriction of access due to a change in the User's staff.
11.4 The User agrees and accepts that the Platform is managed and supported exclusively by Placement Plus from Placement Plus's third-party server hosting the Platform and that no 'back-end' access to the Platform is available to the User unless expressly agreed in writing.
12. PRIVACY
Placement Plus hereby incorporates by reference the Privacy Policy appearing on "http://placementplus.co.za/privacy" as amended from time to time into these Terms., and the User agrees to be bound by such Privacy Policy.
13. STORAGE AND TRANSFER OF PERSONAL INFORMATION
13.1 Placement Plus may limit the amount of data that the User stores on the Platform including User Data and Application Material and shall advise the User of such should it be deemed necessary. Data that is stored with Placement Plus shall be stored according to accepted industry standards. you on servers which are situated outside of South Africa.
13.2 You consent to us transferring your personal information to another country for storage, back up and operational purposes.
13.3 We will comply with the legal requirements, if any, under Applicable Law relating to the transfer of personal information in this manner.
13.4 On termination and upon request, Placement Plus shall export all the User Data and return same to the User by way of physical media or download, as is appropriate, and the User shall pay Fees and Charges and reimburse Placement Plus for any reasonable expenses incurred in doing so
14. INDEMNITY
14.1 The User agrees that it uses the Platform at its own risk.
14.2 The User agrees to indemnify Placement Plus and hold Placement Plus harmless for any loss, damage, cost or expense that Placement Plus may suffer or incur as a result of or in connection with the User's use of or conduct in connection with the Platform, including without limitation (i) any breach by the User of these Term or ii) the infringement by your, or any third party using your account, of any intellectual property or other right of any person or entity.
14.3 You agree to indemnify, defend, and hold Placement Plus its shareholders, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, on an attorney and own client scale, from any claim or demand made by any third party against such persons listed above arising out of or relating to (i) your access to or use of the Platform, (ii) your violation of the Terms, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
14.4 Placement Plus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Placement Plus.
14.5 Placement Plus will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The provisions of this clause shall constitute a stipulation for the benefit of Placement Plus capable of accepting us at any time.
15. DISCLAIMER AND LIMITATION OF LIABILITY
15.1 This Platform is provided by Placement Plus on an "as is" and "as available" basis with the express understanding that Placement Plus may not monitor, control, or vet user content. Placement Plus makes no representations or warranties of any kind, express or implied, as to the operation of the Platform, or the quality, accuracy, or reliability of the site, its safety or security, or the information contained in it. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
15.2 Placement Plus (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from quality, accuracy, or reliability of the site, its safety or security, or the information contained in it, including but not limited to the following:
15.2.1 Access to the Platform: Placement Plus does not make any warranties or representations that the Platform shall be available at all times. Users acknowledge that the Platform may be unavailable due to updates or other causes beyond the reasonable control of Placement Plus, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God”.
15.2.2 Access to Third-Party Sites linked to the Platform: The Platform may include links to other websites or applications (each, a "Third-Party Site"). We do not control or endorse any Third-Party Site. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third-Party Sites is at your own risk.
15.2.3 The Accuracy of the Applications Material or User Data: Placement Plus does not make any warranties or representation that content and services available from the Platform will in all cases be true, correct or free from any errors.
15.2.4 Platform backups: Placement Plus shall perform backups of its entire system in as reasonable manner and at such times and intervals as is reasonable for its business purposes. Placement Plus does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by Placement Plus.
15.2.5 Lawfulness of the Applications Material or User Data: You acknowledge that users of the Platform may use the Platform to post unlawful content and prohibited content, including defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent or otherwise objectionable material ("unlawful content") about your business. You undertake not to institute legal action or take any steps whatsoever against Placement Plus, as a result of any unlawful content posted on the Platform, whether arising from negligence or any other cause whatsoever. You acknowledge that Placement Plus is merely a conduit through which Users may submit their Application. You further acknowledge that Users' personal information (name, contact number, email address and any other identifying information) may be disclosed to you for the sole purpose of allowing the Company/Employer to assess the Application submitted by the user; and/or
15.2.6 any other reason not directly related to Placement Plus’s gross negligence.
15.3 Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Platform
15.4 Placement Plus disclaims liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
16. Termination
16.1 The User may deregister from the Platform (and therefore terminate the agreement formed by these Terms) by giving Placement Plus written notice.
16.2 Placement Plus may terminate these Terms at any time by giving written notice to the User.
16.3 If you have subscribed for Subscription Services, you may not terminate the agreement constituted by these Terms, until such Subscription services have terminated or expired in accordance with terms and conditions applicable to it or has terminated in accordance with any other method of termination or cancellation referred to in these Terms or permitted in law.
16.4 Please review our Privacy Policy for information about what we do with your account when terminated.
16.5 Subject to Applicable Law, we may close your account, suspend your ability to use certain portions of the Platform and/or ban you altogether from the Platform for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Platform, Your Content, Platform Content, or any other related information.
16.6 In the event of any termination of these Terms, whether by you or us, clauses 1, 8,10, 15, 14 and 19 will continue in full force and effect
17. NOTICES
17.1 Placement Plus chooses the following domicilium citandi et executandi ("domicilium")) for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from the Terms as follows:
- Physical address: 8 Mulberry Hill Office Park, Broadacres Drive, Dainfern, Johannesburg, South Africa.
- Email address: info@placementplus.co.za
17.2 You choose as your domicilium the physical address and email addresses supplied by you when you registered as a User.
17.3 Notices may be sent by prepaid registered post, delivered by hand or communicated by facsimile or email. Unless the contrary is proved, any notice:
17.3.1 sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;
17.3.2 delivered by hand on a Business Day will be deemed to have been received on the date of delivery;
17.3.3 transmitted by email on a Business Day will be deemed to have been received on the same day of transmission.
17.4 Either of us may by written notice to the other vary our domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante (mail holding service), provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
17.5 Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18. GENERAL TERMS
18.1 Except as otherwise stated in Clause 14 and 15 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
18.2 The Terms contain the entire agreement between you and us regarding the use of the Platform, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
18.3 Placement Plus may assign the benefit of these Terms to any third-party at any time by giving the User written notice, and the User agrees to do all things reasonably necessary to affect such assignment.
18.4 The User must obtain the written approval of Placement Plus before assigning its rights under these Terms, and any purported assignment without such consent shall be deemed a material breach of these Terms.
18.5 Any failure on Placement Plus’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18.6 Any clause of these Terms which held by a Court of law to be invalid or unenforceable, shall be severed from the Terms to the extent of such invalidity or unenforceability without affecting the remaining clauses of these Terms.
18.7 No term or condition of these Terms is intended to breach any peremptory provisions of the CPA to the extent applicable ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 4 mutatis mutandis.
18.8 These Terms are inconsistent with any other previous document or Agreement between the parties, this document prevails to the extent of the inconsistency.
18.9 The clause headings in the Terms are for convenience only and have no legal or contractual effect.
19. GOVERNING LAW
This Agreement and any dispute arising out of or in connection with this Agreement ("Dispute") will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, 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 the courts of the Republic of South Africa. Each of the Parties hereby consents to the exclusive personal jurisdiction of the courts of the Republic of South Africa.
20. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
20.1 The following Information and required disclosures under section 43 of ECTA are not contained elsewhere in these Terms:
20.1.1 the full name and legal status of Placement Plus is: Placement Plus (Pty) Ltd (Registration Number 2013/187871/07) a company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), whose full and further details appear hereunder:
20.1.2 Director: Evadne Johnson
20.1.3 Telephone Number: +27 11 469 0124
20.1.4 E-mail Address: info@placementplus.co.za
21. SUPPORT
Placement Plus shall use commercially reasonable efforts to provide Clients with technical support in the use of the Platform during South African business hours from 8:00 a.m. through 5:00 p.m. via the call center or the chat box on our home page or by email at support@placementplus.co.za. If a Client would like to have separate training in the use of the Placement Plus platform, Placement Plus would provide such training by agreement and on payment of any applicable fees.