Terms and Conditions

Terms and Conditions

These terms of use describe the terms and conditions by which you agree to use the
Skills Café Platform, including associated products and services referenced in these
terms of use.


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
1.1. By accessing the Skills Café Platform, you agree to Skills Café's terms of use
listed herein.
1.2. Skills Café may amend these terms of use at any time without notice.
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. LIABILITY AND WARRANTIES
2.1. 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:
2.1.1. 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;
2.1.2. 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;
2.1.3. the rating scores which are calculated automatically on the Platform
based on inputs from Job Seekers onto the Platform;
2.1.4. the choice of, or option to purchase or not, any of the Self Vetting
Options or Assessments through the Platform;
2.1.5. the position off the Job Seeker on the Employer search lists,
featuring the best rating scores from top down;
2.1.6. any indirect, special, incidental or consequential damages that may
be incurred by users of the Platform;
2.1.7. any loss of income, business or profits (whether direct or indirect)
that may be incurred by users of the Platform;
2.1.8. any claim, damage, or loss which may be incurred by you because
of any of your transactions involving the Platform;
2.1.9. 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
2.2. 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.
2.3. 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.
2.4. Content
2.4.1. The Platform is dynamic with constantly changing content.
2.4.2. 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.
2.5. 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.
2.6. Without limiting the foregoing, Skills Café make no representation or warranty
about:
2.6.1. the Platform or any employer or Job Seeker services;
2.6.2. the accuracy, reliability, availability, veracity, timeliness or content
of the Platform or any Job Seeker services or customer information;
or;
2.6.3. whether the Platform or Job Seeker services will be up-to-date,
uninterrupted, secure, error-free or non-misleading; or
2.6.4. whether defects in the Platform will be corrected; or
2.6.5. 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
2.6.6. 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
2.6.7. performing at any standard or having any function; or
2.6.8. to every extent permitted by law, we specifically disclaim any
implied warranties of title, merchantability, fitness for a purpose,
quality, suitability and non-infringement

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. PAYMENT
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.
6.3. Skills Cafe may amend these terms and conditions (and the Privacy Policy)
from time to time. Your use of the Services thereafter will be subject to the
amended terms and conditions and/or Privacy Policy.
6.4. Subscription fee and payment:
6.4.1. The method of payment of your Subscription Fee is prescribed in
your Package.
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.
6.4.3. Renewal:
6.4.3.1. 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.
6.4.3.2. It is the liability of the Employer / Recruiter to select
and/or unselect the required option
6.4.3.3. 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:
6.4.4.1. To unsubscribe, deselect the auto-renew option and you
will subscription and Employer / Recruiter profile will be
cancelled at that month end.
6.4.4.2. 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. SUPPORT SERVICES
11.1. 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
recruiter.support@SkillsCafé.co.za (??)


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. CONFIDENTIALITY
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 i 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. Employers/Recruiters:
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. BREACH
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. text here...