Terms of Use and Legal Disclaimer

1.1In these terms, unless the context indicates otherwise:

1.1.1“Platform” means the web application, databases and associated software accessible at https://applying.co.za;

1.1.2“User” means any person or entity accessing, browsing or otherwise making use of the Platform;

1.1.3“Content” means any text, vacancy listing, corporate name, logo, metadata or hyperlink displayed on the Platform; and

1.1.4“ECTA” means the Electronic Communications and Transactions Act, 25 of 2002.

1.2Headings are for convenience only and do not affect interpretation.

2.1By accessing or using the Platform, the User agrees to be bound by these terms. A User who does not accept these terms must cease use of the Platform.

2.2These terms constitute a binding agreement concluded by electronic means as contemplated in section 11 of ECTA.

2.3We may amend these terms from time to time. The version in force is the version published on the Platform, and continued use following publication constitutes acceptance of the amended terms.

3.1The Platform operates as an independent job discovery and aggregation service. It indexes vacancy announcements published on publicly accessible career portals, applicant tracking systems and employer websites, and additionally publishes vacancies submitted directly by registered employers.

3.2Save where expressly stated in writing, the Platform is not affiliated with, endorsed or sponsored by, nor party to any joint venture with, the entities whose vacancies are indexed on the Platform.

3.3All corporate names, trade marks and logos remain the property of their respective proprietors, and appear on the Platform solely for the purpose of identifying the employer to which a vacancy relates.

3.4An employer who wishes to have a listing corrected or removed may submit a request through the contact form, and we will act on such requests within a reasonable period.

4.1The Platform is not an employment agency, nor a temporary employment service as contemplated in section 198 of the Labour Relations Act, 66 of 1995. We do not employ, place, represent or act as agent for any User or employer.

4.2The publication of a vacancy does not constitute a representation that the position remains available, that the particulars are current or accurate, or that an application will result in acknowledgement, interview or an offer of employment.

4.3Users are advised to verify vacancy particulars directly with the employer before acting on them. We do not solicit payment from job seekers, and no legitimate employer listed on the Platform will require payment as a condition of application.

5.1A User may not use the Platform to publish content that is unlawful, misleading, discriminatory in contravention of the Employment Equity Act, 55 of 1998, or that advertises a position that does not exist.

5.2A User may not employ automated means to extract Content from the Platform, circumvent access controls, or interfere with its operation or security.

5.3We may suspend or terminate access to any account, and remove any listing, where we have reasonable grounds to believe that this clause has been contravened.

6.1Applications for indexed vacancies are completed on third-party websites. We do not control and are not responsible for the content, application processes, privacy practices or terms of any such website.

6.2Personal information submitted to a third-party website is processed by that party as responsible party, and is governed by its own privacy policy and not by ours.

7.1The Platform and all Content are made available on an “as is” and “as available” basis, without representation or warranty of any kind, whether express or implied, as to accuracy, completeness, currency or fitness for any particular purpose.

7.2To the fullest extent permitted by law, and subject to clause 7.3, neither the Platform nor its directors, employees, contractors or suppliers shall be liable for any direct, indirect, incidental, special or consequential loss or damage arising from the use of, or the inability to use, the Platform.

7.3Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability arising under the Consumer Protection Act, 68 of 2008.

7.4The User indemnifies the Platform against any claim brought by a third party arising from the User’s breach of these terms or unlawful use of the Platform.

8.1Personal information is processed in accordance with our Privacy Policy, which forms part of these terms and is incorporated by reference.

9.1These terms are governed by the laws of the Republic of South Africa, and the parties consent to the jurisdiction of the South African courts.

9.2If any provision is found to be invalid or unenforceable, it is severable and the remaining provisions continue in full force and effect.

9.3Our failure to enforce any provision does not constitute a waiver of that provision or of any other provision.