EXPLANATION OF TERMS
In this agreement unless the context indicates otherwise:
"Account" is a Skills Café Interned based Platform account represented by a username or email address.
"Agreement" is the Skills Café agreement with users of the Platform
"Assessments" Personality and/or skills assessments completed through the Platform and/or via third-party accredited providers.
“Authorised Users” the number and specific details of registered users for a chosen Subscription Package.
“Data” refers to any and all information loaded onto the Platform by the Job Seeker, Employer/Recruiter, whether input, uploaded, Self-Vetting Options, Assessments or collated ratings from any of the Data.
"Employers" means the party that buys the services offered by the Job Seeker.
"Contract" is the agreement between employers and Job Seekers.
“Employer”/Recruiter” means the person, or person/s representing a company using the Platform with the aim of viewing a Job Seekers Profile and/or connecting with a Job Seeker for possible recruitment / buying the Job Seekers services.
"Job Seeker" means any person seeking employment - whether that employment is as a once- off service; a contract over a period; a part time or a full-time employee position.
"Job Seeker Profile" a personal profile - including all completed personal, educational and employment information, uploaded documentation, vetting results and skills assessments results if and when completed
"Rating" is a measure of endorsement between parties that may be shared with all users of the Platform.
“Parties” are the Job Seeker and Employer/Recruiter.
"Platform" is the Skills Café software system and associated parts.
“Personnel” are the officers, employees, agents and subcontractors of Skills Café.
"Self-Vetting Options" a selection of profile vetting options for Job Seekers to purchase through the app to verify selected profile information and/or credentials.
"Services" are Skills Café services to the users of the Platform.
“Subscription Fee” is the monthly fee paid in advance for the chosen Subscription Package.
“Subscription Package” is the chosen package for a calendar months usage of the Platform for Employers/Recruiters.
"Vetted" means that a party has completed tests to verify a qualification or to verify accuracy of data provided in profile information.
"Website" is the Skills Café Website.
1. GENERAL TERMS AND CONDITIONS
1.3. The Skills Café Platform is an online resource for employers to connect with Job Seekers and for Job Seekers to market themselves as Job Seekers.
1.4. Employers are required to register for an account on the app to allow access on the Platform to view Job Seekers.
1.5. Skills Café is not a party to agreements or contracts between employers and Job Seekers.
1.6. Skills Café may from time to time and without notice, add, change or delete parts of the Platform or information associated with the Platform.
1.7. Skills Café will not be liable to users or anyone else for errors, accuracy, currency or omissions in the information contained within the Platform.
1.8. Skills Café provides no warranties that the Platform or the contents are free of errors.
1.9. Skills Café does not warrant the suitability of any Job Seeker who uses the Platform and/or responds to any Employer/Recruiter.
1.10. Employers/Recruiters must during the Subscription Period and in relation to all Job Seekers, at all times comply with all applicable legislation, including but not limited to the Labour Relations Act, 1995, and anti-discrimination legislation.
1.11. Skills Café and its Personnel are not liable for any loss, damages, costs, claims or expenses which Job Seeker or Employer/Recruiter may suffer due to the unsuitability or conduct of any Parties connecting or corresponding via the Platform.
2. SUPPORT SERVICES
2.1. If you have any difficulties when using or accessing the Platform, you can log a fault with Skills Café's support services by email at email@example.com
3. PERSONAL INFORMATION
3.1. Use of Information Skills Café provides a Platform for Job Seekers to collate and store detailed personal information and/or purchase additional self-vetting options and assessments offered through the Skills Café app with the intention of simplifying and expediting a possible employment process for the Job Seeker, and as such:
3.1.1. accepts that all Job Seeker information on the Platform can, without limitation, be sold for a fee to potential employers through the Platform; and
3.1.2. acknowledges that Skills Café will not distribute, view, sell or in any other way share Job Seeker or Employer information with any party outside the Platform, save for fulfilling the connection of Job Seeker and Employer, Self-Vetting Options or Assessment requirements offered or purchased through the Platform; and
3.1.3. accepts that Skills Café endeavours to adhere to the guidelines as presented in the Protection of Personal Information Act of 2013 to the best of their ability
4.1. Skills Café makes use of a credit card gateway for all payment processing who is an online payment provider and is compliant with the Protection of Personal Information Act of 2013.
5. SELF-VETTING OPTIONS
5.1. Skills Café take no responsibility for change in state or period of validity of any vetting statuses.
5.2. Onus is on the Job Seekers and /or Employers to ensure current validity of all vetting.
6. EMPLOYERS / RECRUITER SUBSCRIPTION PACKAGES
6.1. Your selected Subscription Package offered by Skills Café to subscribe for specified access to, and use of, the Platform and the Services for the Subscription period and at the Subscription Fee provided for in your Package.
6.2. For the Subscription Period and in return for payment of your Subscription Fee, Skills Café will for the purposes of your business, provide you with the Services applicable to your Package, via the application, on these terms and conditions.
6.4. Subscription fee and payment:
6.4.1. The method of payment of your Subscription Fee is prescribed in yourPackage.
6.4.2. If you fail to pay the full amount of your Subscription Fee by the due date for payment, Skills Café may suspend your access to and use of the Platform and the Services until such time that Skills Café receives full payment of your Subscription Fee.
188.8.131.52. Individual user Packages (“Solo”) the auto renew option will be set to false while the pro (“Pro”) option, for 1 - 10 users and the enterprise (“Enterprise”) packages will be set to true.
184.108.40.206. It is the liability of the Employer / Recruiter to select and/or unselect the required option
220.127.116.11. On auto-renew, you will be debited the Subscription Fees which you selected on a monthly basis and no refunds are applicable for Profile Searches or Views not redeemed in that period.
6.4.4. Subscription cancellation:
18.104.22.168. To unsubscribe, deselect the auto-renew option and you will subscription and Employer / Recruiter profile will be cancelled at that month end.
22.214.171.124. Subscriptions not cancelled by the time of the Subscription Fee debit, will have use of the Platform and its Services as per the Subscription Package for the remainder of that Subscription Period
6.5. Skills Café and its Personnel are not liable for any loss or damages which you may suffer as a result of not having access to or use of the Platform and/or the Services because you failed to pay the Subscription Fee by the due date for payment, and you are not entitled to any refund or reduction in your Subscription Fee as a consequence thereof.
6.6. Skills Café may charge interest at the published prime rate of interest from time to time, of the First National Bank of South Africa Limited, on all overdue amounts, from the date on which the amount becomes overdue, up to and including the date of final payment.
6.7. Authorised Users
6.7.1. Skills Café will provide the Services to the number of Authorised Users specified in your Package, for the purposes of your business, and for no other purpose whatsoever; and
6.7.2. you may only allocate one person per Authorised User;
6.7.3. only Authorised Users may access and use the Services;
6.7.4. each Authorised User must use the facility provided on the Platform to create a password for his or her access to the Services. The password must be kept confidential, secure and protected from use by other persons; and
6.7.5. you must not, and must procure that the Authorised Users do not, make the Platform or the Services available to any third party by any means; and
6.7.6. you must ensure that the Authorised Users comply with the provisions of these terms and conditions when accessing and using the Services, and you will be responsible for any Authorised User's breach of these terms and conditions.
7. PROFILE VIEWS
7.1. Your selected Package gives you the use of a specified number of Job Seeker Profile views over the Subscription Period.
7.2. Depending on your Package, each profile view allows you to:
7.2.1. view the full personal details, including: the name, contact information and related personal, education and employment information; any self-vetting completed and chosen by the Job Seeker; any skills assessments completed and chosen by the Job Seeker; Skills Café Job Seeker Rating and any documents the Job Seeker has uploaded.
7.2.2. view that Job Seeker's details as long as your Subscription Package allows, and as long as that Job Seeker Profile remains on the Platform, and;
7.2.3. contact the Job Seeker directly, and;
7.3. you will not have any claim against Skills Café for any refund, in respect of, any unused Profile Views remaining at the end of your Subscription Period.
8. JOB SEEKER / EMPLOYER / RECRUITER DATA AND THIRD-PARTY CONSENT
8.1. You own all Data which you upload to the Platform and are responsible for its legality, reliability, integrity, accuracy and quality.
8.2. Skills Café is not responsible for any errors in the Data which you post on the Platform.
8.3. You warrant that where your Data includes information relating to third parties (including persons with whom you have had contact via the Platform), such third parties have been informed of, and have given their consent to, the use, processing, and transfer of their information as contemplated by you and as provided in the Services.
8.4. You may not copy, download or in any other manner harvest any content on the Platform.
8.5. For the Subscription Period, you must not, and must ensure that the Authorised Users do not, intentionally or negligently store on, distribute or transmit to the Platform any viruses or material which is unlawful, harmful, obscene, defamatory, sexually explicit, discriminatory or otherwise offensive, facilitates illegal activity, or may bring Skills Café or the Platform into disrepute, or prejudice its reputation.
8.6. Skills Café may without notice to you, remove any Data which in Skills Café's opinion, breaches the provisions of this Clause 8.
8.7. Skills Café and its Personnel are not liable for any loss or damages which you may suffer as a result of Skills Café's removal of such Data from the Website.
8.8. You indemnify Skills Café and its Personnel against any claim of any nature which any third party (including any Job Seeker and/or Employer and/or Recruiter) may bring against any of them arising from or as a consequence of any Data which you upload to the Platform as provided for in this clause 8, or otherwise as a consequence of your use of the Platform and/or Services.
9. PROPER USE
9.1. You must not, and must procure that the Authorised Users do not, and do not attempt to:
9.1.1. copy, modify, duplicate, create derivative works from, mirror, republish, disassemble, reverse engineer, download, transmit or otherwise distribute all or any portion of the intellectual property on the Platform and/or Website, including but not limited to content, trademarks, domain names, designs, software (including workflows and monitoring and evaluation structures), text, graphics, icons and hyperlinks, the Platform and/or the Website and/or the Services in any form or by any means; and;
9.1.2. generate automated postings or spam in relation to the Platform and/or Website; and;
9.1.3. interfere with the operation of the Platform and /or Website or its security, including by accessing the Platform or Website other than through the usual means, or accessing any area of the Platform or Website to which they are not permitted access; and;
9.1.4. access and/or use the Platform and/or Website if they are under the age of 18 years.
9.1.5. otherwise use the Platform and/or Website in a manner or for a purpose other than ordinarily intended and authorised by Skills Café.
10. PLATFORM MAINTENANCE
10.1. The Platform is provided "as is" and has not been programmed to meet your particular requirements.
10.2. Use of the Platform and the Services is at your own risk. Skills Café does warrant that the Platform is compatible with your technology, equipment or software, or that your access to the Platform will be uninterrupted or error free.
10.3. Skills Café will maintain the Platform as and when it deems it necessary.
10.4. Subject to clause 10.5 Skills Café will monitor the performance of the Website and take all reasonable steps to ensure that the Website performs in a satisfactory manner most times.
10.5. This excludes the unavailability of the Platform due to force majeure as provided for in clause 16.
10.6. Downtime for scheduled maintenance will be communicated via the Platform and/or Website
10.7. Where possible, Skills Café will not perform scheduled maintenance on Monday to Friday, from 09h00 to 17h00 (excluding South African public holidays).
10.8. You are responsible for procuring and maintaining your network connections and links to the Platform, and all problems, delays, delivery failures and all other loss or damage arising from or relating to your network connections or links, including those arising from your internet service provider.
10.9. Skills Café and its Personnel are not liable to you for any loss, damage, costs or claims which you may suffer as a result of being unable to access and use the Website during downtime for scheduled maintenance or otherwise, and you are not entitled to any refund or reduction in your Subscription Fee as a consequence thereof.
11. LIABILITY AND WARRANTIES
11.1. Under no circumstances shall Skills Café or their related entities, their affiliates or staff, whether in contract, warranty, tort (including negligence), or any other form of liability, be liable for:
11.1.1. a guarantee of employment of any kind in any way and as such, Skills Café only provides a Platform for connecting potential employers with Job Seekers;
11.1.2. creating, managing or enhancing a Job Seeker profile on the Platform, of which the onus is solely on, and at the discretion of, the Job Seekers;
11.1.3. the rating scores which are calculated automatically on the Platform based on inputs from Job Seekers onto the Platform;
11.1.4. the choice of, or option to purchase or not, any of the Self Vetting Options or Assessments through the Platform;
11.1.5. the position off the Job Seeker on the Employer search lists, featuring the best rating scores from top down;
11.1.6. any indirect, special, incidental or consequential damages that may be incurred by users of the Platform;
11.1.7. any loss of income, business or profits (whether direct or indirect) that may be incurred by users of the Platform;
11.1.8. any claim, damage, or loss which may be incurred by you because of any of your transactions involving the Platform;
11.1.9. the limitations on Skills Cafés liability to you above shall apply regardless if Skills Café, their related entities, their affiliates, or staff have been advised of the possibility of such losses or damages arising
11.2. Notwithstanding the above provisions, nothing in this agreement is intended to limit or exclude any liability on the part of Skills Café and their affiliates and related entities where, and to the extent, that applicable law prohibits such exclusion or limitation.
11.3. To the extent that Skills Café can limit the remedies available under this User Agreement, Skills Café expressly limit their liability for breach of a non-excludable condition or warranty implied by any legislation to the following remedies (the choice of which is to be at their sole discretion) to supply of the Skills Café Services again or payment of the cost of having the Skills Café Services supplied again.
11.4.1. The Platform is dynamic with constantly changing content.
11.4.2. Information can be added that is offensive, inaccurate, harmful mislabelled or misleading, by us accidently or by a third party by mistake or on purpose.
11.5. Skills Café Services, the Platform and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied.
11.6. Without limiting the foregoing, Skills Café make no representation or warranty about:
11.6.1. the Platform or any employer or Job Seeker services;
11.6.2. the accuracy, reliability, availability, veracity, timeliness or content of the Platform or any Job Seeker services or customer information; or;
11.6.3. whether the Platform or Job Seeker services will be up-to-date, uninterrupted, secure, error-free or non-misleading; or
11.6.4. whether defects in the Platform will be corrected; or
11.6.5. whether the Platform, the Job Seeker services or the Skills Café Services or any data, content or material will be backed up; or whether business continuity arrangements are in place in respect of the Platform, Job Seeker services or Skills Café Services; or
11.6.6. any third-party agreements or any guarantee of business gained by you through the Platform, Job Seeker services or Skills Café Services or Skills Café; the Platform, Job Seeker services or Skills Café Services or infrastructure on which they are based, being error or malicious code free, secure, confidential; or
11.6.7. performing at any standard or having any function; or
11.6.8. to every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a purpose, quality, suitability and non-infringement
12. INTELLECTUAL PROPERTY
12.1. All Platform and Website IP is the property of, or is licensed to, Skills Café, or is the property of a third party.
12.2. By using the Platform, Website and/or the Services, you will not acquire any rights in or to the Platform or Website IP.
12.3. The provisions of this clause 10 survive the termination of any Employer/Recruiter Subscription Package for any reason, and remain binding on the parties.
13. PROTECTION OF PERSONAL INFORMATION
13.1. The Platform contains personal information as defined in the Protection of Personal Information Act, 2013 ("POPI"), belonging to Job Seekers and third parties. Skills Café does not warrant the accuracy or correctness of the information contained in the Platform or that it is up-to-date.
13.2. Skills Café is authorised by registration of Job Seekers and such third parties to disclose their personal information/information to Employers/Recruiters for collection, use and/or storage agreed with Skills Café. You may not collect, use or store such personal information in any manner and for any purpose contrary to such authorisation.
13.3. You must comply with your obligations in terms of POPI, in relation to the collection, use and storage of any information which you obtain from the Platform, which information contains any personal information of third parties.
13.4. You indemnify Skills Café and its Personnel against any claim by any third party arising from or in connection with your collection, use and/or storage of personal information obtained from the Platform, and caused in any way.
14.1. All information which is disclosed by Skills Café, via the Platform Website or otherwise, is confidential, except information which is in the public domain or is or becomes public knowledge other than by virtue of your breach of these terms and conditions.
14.2. Except to the extent that these terms and conditions provide otherwise, all confidential information is, and at all times remains, Skills Café's property and you will not acquire any rights in, or to, any of such confidential information.
14.3. You agree to:
14.3.1. treat all confidential information as confidential, and keep it secure and protected from use, disclosure or access which is not permitted by these terms and conditions; and
14.3.2. not without Skills Café’s prior written consent, disclose any of the confidential information to any third party, other than the Authorised Users.
14.3.3. You indemnify Skills Café and its Personnel against any loss or damages suffered by any of them as a result of your breach of the terms of this clause 14, or the breach of this clause 14 by an Authorised User.
15. LIMITATION OF LIABILITY
15.1. Your use of the Platform and the Services is at your own risk and Skills Café and its Personnel are not liable for any claims of any nature which you may suffer as a consequence of such use.
15.2. Despite any other provision of these terms and conditions, neither Skills Café nor the Parties are liable to the other for any special damages, or any consequential or indirect loss or damages arising from, or in connection with, these terms and conditions and which is caused in any way.
16. FORCE MAJEURE
16.1. Skills Café is not responsible for any delay in or failure to comply with its obligations in terms of these terms and conditions to the extent that such delay or failure is caused by events or circumstances beyond Skills Café’s reasonable control, which Skills Café could not reasonably have provided against before entering into these terms and conditions, and which, having arisen, Skills Café could not reasonably have avoided or overcome, including but not limited to natural catastrophes, riot, invasion, or a failure of the internet or telecommunications systems.
16.2. Skills Café will take all reasonable and necessary steps at its own expense to mitigate the consequences of any force majeure which affects the performance of its obligations in terms of these terms and conditions.
17. RIGHT TO CANCEL
17.1.1. Further to clause 6.4.4, your Subscription Package contains the details of your rights, if any, to cancel your Package prior to the expiry of your Subscription Period.
17.1.2. Further to clause 6.4.4, If you cancel your Subscription Package prior to the expiry of your Subscription Period, you will forfeit your right to any discounts (if) applicable to the entire Subscription Period and you will be liable to Skills Café for the full amount of the discounts applied to the Subscription Fees paid up to the date of cancellation, which amounts will be payable on demand.
17.2. Job Seekers:
17.2.1. Job Seekers have the right to remove their Profile and/or select what optional information is shown at any time.
18.1. In addition and without prejudice to all its other remedies under these terms and conditions or in law, including the right to claim damages, Skills Café may cancel your Package or claim specific performance from you, if you:
18.1.1. breach any material provision of these terms and conditions that cannot be remedied;
18.1.2. breach any other provision of these terms and conditions and fail to remedy that breach within 7 days after receiving written notice from Skills Café to do so;
18.1.3. offer any services substantially similar to, and/or in direct competition with, those offered by Skills Café;
18.1.4. commence business rescue proceedings or take steps to place yourself, or are placed in liquidation, whether voluntary or compulsory and whether provisionally or finally;
18.1.5. take steps to deregister yourself, or are deregistered as a company;
18.1.6. commit an act of insolvency as defined in the Insolvency Act, 24 of 1936, or which would be an act of insolvency if committed by a natural person.
18.2. In addition to all its other rights under these terms and conditions or in law, if, at any time, you are in breach, Skills Café may suspend your access to the Services until that breach is remedied to Skills Café's satisfaction.
18.3. Skills Café may audit the use of the Services by the Authorised Users. Any breach of these terms and conditions by an Authorised User is deemed to be a breach by you.
19. COOLING OFF PERIOD
19.1. In terms of section 44 of the Electronic Communications and Transactions Act, 2002, if you have concluded an electronic transaction with Skills Café , you may cancel your subscription for any reason and without any penalty, within 7 days after the date on which such Subscription Package transaction was concluded.
19.2. If you have made any payment in respect of your Subscription Package and not logged onto the Platform prior to cancelling it in terms of this clause 19, Skills Café will refund the full amount of such payment to you within 30 days after the date of cancellation.
20. GENERAL PROVISIONS
20.1. You may not cede, assign or delegate any of your rights or obligations under these terms and conditions to any other person without Skills Café's prior written consent.
20.2. Skills Café and the parties agree to accept service of all notices and correspondence in connection with these terms and conditions at their respective physical and email addresses nominated in writing. Any notice or communication delivered by hand between the hours of 08h00 and 17h00 on business days is deemed to have been received on the date of delivery, or sent by email, is deemed to have been received on the first business day following the date of transmission.
20.3. You consent to the jurisdiction of the Magistrate's Court of South Africa in respect of all disputes arising from or in connection with these terms and conditions. Despite this, Skills Café may institute proceedings in any other South African Court in which event it will not be limited to costs on the applicable Magistrates' Court scale.
20.4. No agreement varying, adding to, deleting from or cancelling these terms and conditions and no waiver of any right under these terms and conditions shall be effective unless reduced to writing and signed by or on behalf of Skills Café and the Parties.
20.5. No relaxation by Skills Café of any of its rights in terms of these terms and conditions shall at any time prejudice or constitute a waiver of its rights (unless it is a written waiver) and it may exercise its rights thereafter as if such relaxation had not taken place.
20.6. These terms and conditions are governed by and construed according to the law of South Africa.
20.7. For the purposes of these terms and conditions, "day" means a calendar day, "business day" means any day other than a Saturday, Sunday or South African Public Holiday, "month" means a month calculated from a particular day in one month to the day before the day numerically corresponding to it in the following month, "calendar month" means one of the 12 months of the year from the first to the last day of such month, and whenever any number of days is prescribed, it excludes the first and includes the last day unless the last day falls on a Saturday, Sunday or South African public holiday in which case the last day will be the next succeeding business day.
20.8. Any costs incurred by a party arising out of the breach by the other party of the any of the provisions of these terms and conditions must be paid for by the party in breach on an attorney and own client scale.
20.9. Registration as a Job Seeker, or an Employer/Recruiter on the Platform shall constitute your / your and your company’s approval and agreement to all the written terms and conditions contained herein.