Terms of use

Introduction

1. These Terms and Conditions for Job Seekers (also referred to as “Terms of Use”) of Interactive Junction Holdings (Pty) Ltd. (“CareerJunction”) apply to the contractual agreement between CareerJunction on the one hand and the website user (also referred to as “Users” or “you”) on the other hand, who is interested in or uses any career service that is offered at www.careerjunction.co.za, its other websites, or any website of the CareerJunction corporation that display their Terms of Use, as well as our mobile applications (“Apps”), (collectively referred to as “Service” hereinafter). The websites and Apps are collectively referred to as “CareerJunction Platforms” or “IJH-Platforms” hereinafter. If you wish to publish a job offer, these Terms of Use will not apply, but our Terms and Conditions for Recruiter. For certain Services additional terms may apply, which we will inform you of separately. Please read these Terms of Use carefully. If you do not accept our Terms of Use, you are not allowed to use our Services and should cease any further use.


2. The Services under these Terms of Use are intended only for the individual job search by natural persons as an employee or as a freelancer. Otherwise, it is not permitted to use the Services offered by us in a commercial way, e.g. to promote the Services of a company.


3. CareerJunction may revise these Terms of Use at any time by updating this page. You should visit this page periodically to review the terms and conditions, to which you are bound. In the event of such a change in the Terms of Use, we will inform you at least four weeks in advance either i.) on your next login by means of an appropriate screen mask or ii.) by e-mail. If you log in again or do not object within this four-week period, the amended Terms of Use shall become effective for the future and shall become part of the contract between us as of the date on which they become effective. CareerJunction will inform you of the effect of the silence and the meaning of the four-week period in a notice on the amended terms.


4. Changes with regard to the subject matter of the contract and essential obligations are excluded from the authority to make changes pursuant to section 1.3. In such cases CareerJunction will inform you about the intended changes and offer you the continuation of the contractual relationship with changed conditions.


5. For services that are available without registration, these Terms of Use apply in their current form as published on the platform at the time you use the services, and CareerJunction may amend these Terms of Use at any time.

Definitions Applicable to all Users

1. “You” and “User” refer to all individuals accessing this Website for any reason.


2. Website” refers to and includes any part or element, but is not limited to, any of the following Websites:
   1. www.careerjunction.co.za


3. “IJH” refers to the legal entity Interactive Junction Holdings (Pty) Ltd and any division and/or subsidiary of the legal entity Interactive Junction Holdings (Pty) Ltd, Registration Number 1996/015192/07, of The Stepstone Group Ireland Recruit Ltd, Dublin Head Office, South Block, The Malthouse, Grand Canal Quay, Dublin 2, Ireland.


4. "Discriminatory" means offensive, untrue or provocative material based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.


5. "Job seeker" means a person seeking employment or alternate employment.


6. "Pornographic" means all the content and actions, simulated or real, graphic or written detailed in Schedules 1, 2, 6, 7 and 11 of the Films and Publications Act 65 of 1996.


7. “Premium Services” means services that IJH offers for a fee, either on a one-time or subscription basis.


8. "Illegal Content" means material that is pornographic, discriminatory, oppressive, racist, hate speech, sexist, defamatory against any User or third party, offensive to any User or group, a violation of a User's or a third party's privacy, identity or personality, copyright infringement, advice and / or guidelines on the circumvention of any technical security measures and / or digital rights management technologies, malicious codes such as viruses and Trojan horses, and content containing any Personal Information of third parties without their express consent and includes hyperlinks or other directions to such content.


9. Personal Information” means information relating to an identifiable, living , natural person and where it is applicable, an identifiable, existing juristic person, including, but not limited to the factors as defined in the Protection of Personal Information Act 4 of 2013.

User Code of Conduct

1. General rules
   1. Users may not use the website in order to transmit, distribute, store or destroy material:
      1. in violation of any applicable law or regulation;
      2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; 3.1.1.3 that is defamatory, obscene, threatening, abusive or hateful.
      3. that is defamatory, obscene, threatening, abusive or hateful.
   
   
   2. Job Seekers must at all times comply with all applicable legislation, including but not limited to the Labour Relations Act (LRA), 1995, the Promotion of Access to Information (PAIA) Act 2 of 2000, Electronic Communications and Transactions Act (ECT) Act 25 of 2002, the Protection of Personal Information Act (POPI),2013 and anti-discrimination legislation.
   
   
   3. CareerJunction and its personnel are not liable to you for any loss, damages, costs, claims or expenses which you may suffer due to the unsuitability or conduct of any Job Advertisement to which you applied for, or with whom you correspond via the Website.
   
   
   4. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate.


2. Restrictions on Website usage
   
   1. The following are prohibited with respect to the Website:
      
      1. using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
      2. using any robot, spider and/or automated devices to generate automated postings and/or spam;
      3. using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the Website;
      4. taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
      5. accessing the Website by any means other than through the interface that is provided by IJH or attempting to access the Website without first logging in through the Website log-in page;
      6. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without IJH's prior written permission;
      7. reverse assembling or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
      8. attempting to access any area of the Website to which access is not authorized
      9. access by a User who is less than 16 (sixteen) years of age.


3. Security Rules of Use
   
   1. Users are prohibited from violating or attempting to violate the security of the Website, including but without limitation:
      
      1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
      2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";
      4. sending and/or posting unsolicited email, including promotions; advertising content and/or advertising of products or services;
      5. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
      6. deleting or revising any material posted by any other person or entity;
      7. using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
      8. Violations of system or network security may result in civil or criminal liability. IJH will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.


4. Copyright and Intellectual Property Rights
   All rights in/to the content of this Website is reserved and retained by the owners of such rights. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.


5. Privacy
   1. You should carefully read our full Privacy Policy before using the Website as it is hereby incorporated into this agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to IJH.
   2. Please note that certain information, statements, data, and content (such as photographs) which you may submit to IJH are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal Information about you.
   3. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that IJH may process such information, within the terms of the Privacy Policy and pursuant to this agreement, in particular section 4.
   4. You acknowledge that you are over the age of 16 (sixteen) years old.
   5. CareerJunction treats your personal data confidentially at any time. We only use or publish it, when necessary under these Terms of Use. Each collection and processing of user’s personal data occurs considering applicable data protection law.
   6. In order to provide you with the specific services for which you have registered or to calculate runtimes, CareerJunction saves the date of your last activity on the CareerJunction platforms (“Date of last activity”), including the date of your registration and use of CareerJunction services. These include e.g. logging into your user account, clicking on links in the CareerJunction newsletter, notifications in accordance with section 4.1., using a CareerJunction profile or any other activity that indicates that you are interested in using the services.


6. Limitation of Liability
   
   1. Neither IJH nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“IJH Affiliates”) shall be cumulatively liable according to statutory law damages, a)resulting from an injury of life, body or health being based on a breach of duty by IJH, a legal representative or a vicarious agent of IJH, b) resulting from the lack of a condition guaranteed by IJH, c) caused by intent or gross negligence, also by our statutory representatives and vicarious agents, as well as d) caused by malicious conduct of IJH.
   2. In the event of a material damage or pecuniary loss caused by a slightly negligent conduct of IJH, a legal representative or a vicarious agent of IJH, IJH shall be only liable in the event of a material breach of a contractual core duty, but only to the amount of the typical damage foreseeable in the event of the conclusion of the contract. Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may regularly rely on.
   3. A possible liability arising from product liability, insofar as there are special legal regulations in the legal system applicable, remains unaffected.
   
   
   4. Any further liability of IJH shall be excluded.
   
   
   5. IJH shall not be liable because of statutory provisions in the event of slight negligence. Insofar as the liability of IJH is excluded or restricted, this also applies to the personal liability of the legal representatives, executives and vicarious agents of IJH.


7. Disclaimer
   
   1. The IJH-Platforms contain a considerable amount of information and services on career and profession for candidates and users of the IJH-Platforms. The services include, notably making published job advertisements of recruiters accessible for you, providing technical tools for the application process, as well as information on their proper use.
   2. www.careerjunction.co.za is a web service which carries job advertisement and CV content independently published by third parties on the CareerJunction website (the "Website"). IJH is not involved in the recruitment process and must not be considered to be a recruiter and/or employer with respect to the use of the CareerJunction Website. IJH shall not be responsible for any user entering into agreements or making decisions of whatever nature in connection with the posting of jobs, CV and/or the contents thereof and/or any other information obtained on the CareerJunction Website.
   
   
   3. The Website and its contents are provided on an "as is" basis without any warranties of any kind, either express or implied. Without limiting the generality of this clause, the following warranties are expressly excluded: warranty of merchantability, quality, or fitness for particular purpose, compatibility of the Website with your technology, equipment or software, uninterrupted or error free functionality of the Website, and non-infringement of any rights. IJH makes no representations and no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software, text, and graphics set out on the Website. Insofar as the Website contains links to any other internet websites, you acknowledge and agree that IJH does not have control over any such website and IJH shall therefore not be liable in any way for the contents of any such linked website, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website. "Illegal Content" means material that is pornographic, discriminatory, oppressive, racist, hate speech, sexist, defamatory against any User or third party, offensive to any User or group, a violation of a User's or a third party's privacy, identity or personality, copyright infringement, advice and / or guidelines on the circumvention of any technical security measures and / or digital rights management technologies, malicious codes such as viruses and Trojan horses, and content containing any Personal Information of third parties without their express consent and includes hyperlinks or other directions to such content.


8. Force Majeure
   
   1. CareerJunction 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 CareerJunction’s reasonable control, which CareerJunction could not reasonably have provided against before entering into these terms and conditions, and which, having arisen, CareerJunction 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.
   2. CareerJunction will take all reasonable and necessary steps at its own expense to mitigate the consequences of any for majeure which affects the performance of its obligations in terms of these terms and conditions.

Services we provide you with under this agreement

1. Notifications on suitable Job Offers and Services
   
   1. You may subscribe to frequent e-mail notifications through the IJH-Platforms that will alert you about job offers or other services (“Notifications”) that IJH believes may be of interest or relevant for you. The assessment is based on information from your profile, on settings you have made yourself for notifications and/or on your search and your usage behaviour on the IJH-Platforms. you can set up multiple notifications for different job-searches and services. Please note that if you no longer wish to receive notifications, you must unsubscribe from all notifications you have set up individually, in order to avoid deleting those notifications that you wish to continue to receive.
   2. If a registered User uses the platforms again after some time of inactivity, the User will start, according to CareerJunction’s assessment, a new “Search Cycle”. In order to further ensure the usability of the IJH-Platforms, CareerJunction will continue to send the User regular e-mail notifications, which, according CareerJunction’s estimation, could be of interest to the User or could be relevant for the User.
   3. Based on empirical values and in-depth analysis of the careers of employees in their companies, CareerJunction can identify an “Employee Life Cycle” for almost any User. The Employee Life Cycle describes the career path of a candidate within one or more companies, or his or her professional life. In order to optimize a candidate’s career planning, CareerJunction may send relevant information on career development to registered users, that have not been active on the platforms in a while, by email or through their user account.
   4. In order to ensure your authentication, i.e. to avoid unauthorised notification subscriptions on behalf of third parties, we will send you a confirmation e-mail after your first registration, in which we ask you to confirm your registration again by clicking a link in the e-mail. The authentication process is not required if you are logged in as a registered user and set up notifications for suitable job offers or services. Authentication by entering a password can in some cases also be skipped, if you click on the link provided in a notification to you (“soft-login”) and gives you the option of limited access to your account without prior login.
   5. With the creation of a user account for candidates (“user account”) you will automatically receive notifications related to your searches. Settings such as frequency, accuracy, or disabling all or some of your subscribed notifications can be adjusted in your account settings.


2. Newsletter
   
   1. As part of your user profile you can subscribe to various Newsletters we offer on different subjects. We may also send you email-newsletters regarding CareerJunction’s Services which are similar to CareerJunction’s Services that you already use, if you have not objected to such newsletters. You may at any time object to all of CareerJunction’s newsletters free of charge. We will inform you about your right of objection when we collect your email-address and in the respective newsletter. Should you no longer wish to receive our email messages, please click the unsubscribe link located within each message.. Additionally, you can view and change settings in your user account.


3. User Account
   Certain services are only available for registered users of a user account. How to register for a user account is described in section 4.10 below.


4. Saved Job Offers
   You can save job offers that you have viewed by clicking on the button provided for this purpose in the job offer. You can then access entries saved in this way in your user account. CareerJunction can analyse your stored entries and, based on this analysis, can optimise and customise the services offered to you. CareerJunction can remind you of your saved job offers by e-mail.


5. User Profile
   You can create a personal profile (“user profile”) within your user account. You can add information to the profile that is related to your CV, as well as your own attachments, such as CV or certificates. If you upload attachments to complete your profile, we analyse their content and structure in an automated process and use this analysis to improve the services we provide to you. We also use the data you provide us with to recommend jobs on our platforms based on your profile data and tailored to your needs or to send you notifications as described in section 4.5. We may also use your profile data to automatically fill out forms for other services and that we offer on our platforms and which may be linked to the user profile, if you wish to use these services. Additionally, we use information stored in your profile to improve your search experience. We also store analytical data about you and your user behaviour, together with a pseudonymous user ID, in a statistical database, whereby you are not identifiable. You can choose between three profile- and CV-visibility settings: Your profile can be visible to Agencies and Employers, only Agencies or not visible at all. You can change this setting at any time.
   If you set your profile visibility to “Yes (Agencies and Employers) or Yes (Agencies)”, you will make it accessible to these recruiters, including its contents. In doing so, you grant candidate-profile-customers access to your profile and its attachments (including a search and download function), as well as the date of your last activity. Candidate-profile-customers are CareerJunction-Customers who have purchased access to CareerJunction’s candidate database or are otherwise authorised to use it or other services to fill vacant positions; they may be agencies or employers. We may also analyse your profile in order to actively present all or part of it to candidate-profile-customers. As CareerJunction-Customers from all over the world can purchase access to CareerJunction’s Candidate Database, it is possible that the CareerJunction-Customer is located outside the Republic of South Africa or EU or the European Economic Area (“EEA”), which is why data may also be transferred to such third countries. If you set your profile to “be visible”, you grant candidate-profile-customers access (including a search and download function) to parts of your profile and its attachments, as well as the date of your last activity, and disclose this information to them. Since CareerJunction customers from all over the world can purchase access to the Candidate Database, CareerJunction customers may be located outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries.


6. Storage Capacity
   We do not guarantee or warrant any minimum storage capacity for your profile. We reserve the right to limit the data volume for data uploads temporarily or permanently, especially if this is necessary for technical or user-friendliness reasons, for example to maintain or optimise the service.


7. Applications through User Account
   You can use your profile to apply for jobs offered on the CareerJunction-websites or in the apps, provided that the CareerJunction-Customer has chosen to allow applications via the platform for the respective job offer. We use your profile data to automatically fill in certain fields of the application form and you may upload additional files. Once you have clicked on the respective button, we will either, depending on the CareerJunction-Customer’s choice, i) store the data you entered in the application form on the CareerJunction platform so that the respective CareerJunction-Customer can access it there, or ii) transmit your application directly to the CareerJunction-Customer’s application management system. If we store your application on our platform (i)), the CareerJunction-Customer to whom you have applied will also have access to your profile and will be able to view the information you have entered in your profile. If your application is sent directly to the CareerJunction-Customer’s system ((ii), the application will be saved in your profile under “Clicked to external Application”. Since CareerJunction-Customers from all over the world can post job offers on our platforms, it is possible that the respective CareerJunction-Customer is based outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries.


8. Storage of CV Data in your Profile
   In the event that the CareerJunction-Customer does not use its own applicant management system to process your application, but instead uses the CareerJunction-Platform, your application, including the respective attachments, will be stored within your user account in a history that you can access at any time. Information from your applications or information that you provide in order to use CareerJunction services is automatically used to complete your own profile with information, if information is missing. You may change or delete information that has been automatically added to your profile at any time. Depending on the service, you have the option of adding other CVs that you attach to further applications as an additional CV to your profile or replacing the existing CV. You will be informed of this possibility while applying and can add or replace a CV by clicking the corresponding button.


9. Modification and Discontinuation of Services
   In order to balance the interests of users and CareerJunction-Customers, to ensure the usability of the platform and to adapt it to the conditions of the market, it is essential to continuously develop the CareerJunction-Platforms. It is therefore possible that services may be modified or discontinued. The user has no legal claim to the continuation of a service, a display or the functionality of the platform. If you do not agree with a modification or discontinuation, your only remedy is to terminate this agreement according to section 4.12 and to refrain from using the CareerJunction platforms.


10. Registration of User Profile
    
    1. If you want to register for and create a User Profile, you must provide a valid email address and a password to us, which we will store. You are also required to upload a CV, or provide the relevant data to complete and have a full User Profile.
    2. The agreement for your User Profile between you and us comes into effect when we activate your User Profile. The completion of the registration process by you only constitutes an offer to enter into a contract. CareerJunction reserves the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of a contract.
    3. You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data (especially your email-address) up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, CareerJunction shall have the right, to block your account and the access to our platform temporarily or permanently and/or terminate in accordance with section 4.12 herein.
    4. Each User can only create one account. The account is not transferrable.
    5. Once the User creates a User Account it is permanently available for the User. It may however be deleted after a certain amount of being inactive. However, the User can terminate this contract anytime and delete his Account via the Account setting or by messaging CareerJunction.


11. No Warranty; Backup Copies
    
    1. We do not warrant the currency, accuracy, completeness, usability, suitability for a certain purpose of content on our Platforms. We also do not warrant for the conclusion of an employment contract between Users of our Platforms as applicants and an employer.
    2. CareerJunction does not warrant that the Services offered by us are available at certain times or permanently. Disturbances, interruptions or possible downtimes of the (online) Service cannot be excluded. Because of technical or operational reasons, a temporally limitation of the availability is possible. This is especially possible with regard to the capacity limits, the security or integrity of the data processing systems or the implementation of technical measures, which are necessary for a regular or improved performance.
    3. CareerJunction’s servers are backed up regularly and carefully. Nevertheless, data losses are not excluded. Insofar as you transmit or upload data – regardless of the form – we advise you to make backup copies. This also applies to the event that you terminate your contract with us, because we don’t retain a copy of your data after the deletion, subject only to statutory storage obligations.


12. Term and Termination
    
    1. The agreement with you regarding the user account and the services provided under it as well as notifications regarding services under this agreement is made for an unlimited period of time. Either party may terminate this Agreement with immediate effect and without cause.
    2. If the agreement on the user account or notifications of services ends, we will delete your personal data that we have stored or store your data in anonymous form for analytical purposes, unless processing is required by law and for another purpose.


13. Applicable Law, Place of Jurisdiction and Other Provisions
    
    1. This agreement and its interpretation shall be governed by South African law.
    2. If any provision of these Terms of Use is found to be invalid or unenforceable in whole or in part, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. In such event, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision.
    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, CareerJunction 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.