TERMS OF SERVICE
- CERTAIN DEFINITIONS
The following definitions apply to this Agreement:
1.1 “Elite Talent’ Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
1.2 “Elite Talent Web Site” or the “Site” (collectively, the “Elite Talent Websites” or the “Sites”) means any web site under Elite Career’s control, whether partial or otherwise and includes such Site’s Content, Elite Talent Materials and Services (as applicable in each context).
1.3 “Content” means Elite Career’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (colour combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Elite Talent (including, among others, its “Elite Talent Database,” “Candidate Dashboard,”, “Employer/Recruiter Dashboard,” “Elite Talent Supply & Demand Database” and data submitted via the Sites by Users and other content made available through the Sites by Elite Talent.
1.5 “Document” refers to any posting to the Site, whether job or resume.
1.6 “Employer and/or Recruiter” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
1.7 “Employer Materials” includes any brochures, emails, job postings, web site content, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer/Recruiter, if any, for use in connection with the Services.
1.8 “Candidate” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer/Recruiter.
1.9 “Services” means any services provided by Elite Talent or its agents described herein and specified more fully in the Service Commencement Agreement.
1.10 “User” refers to any individual or entity that uses any aspect of the Sites.
1.11 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Site only for lawful purposes within the stated context of Elite Talent’ intended and acceptable use of the Site. Elite Talent is the sole interpreter of the Sites’ intended and acceptable use.
This website is operated by Elite Talent. Throughout the site, the terms “we”, “us” and “our” refer to Elite Talent. Elite Talent offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site (www.elitetalent.africa), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, candidates, recruiters, employers, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current portal shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- ONLINE PORTAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority (18 years).
You may not use our portal/site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. No Credits Card information is stored on this site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The jobs posted on this site are done so by recruiters and/or employers and as much as Elite Talent takes necessary steps to verify the information we are not responsible is liable in any way if any the information is inaccurate or misleading.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Our products and services are available exclusively online through the website (www.elitetalent.africa).
All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of Elite Talent. We reserve the right to discontinue any service at any time.
USE OF ELITE TALENT DASHBOARD.
If you are purchasing access to the Elite Talent Database (Elite Talent Dashboard), the following additional terms apply to you:
7.1 Elite Talent grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Elite Talent Database via Elite Talent Dashboard for the purpose of viewing and/or downloading a single copy of available resumes/CVs solely for your use.
7.2 Elite Talent Database is to be accessed and used solely by Licensed Users whom paid a license fee to access the Elite Talent Dashboard. Each Licenced User will be issued access to the Elite Talent Dashboard through which they can perform the actions described in 7.1. Access to the Dashboard must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to a single User access and Users may not share their login credentials or Dashboard access amongst themselves, with any other co-workers or with any other third parties, additional Licenses should be purchased for Multiple User access.
7.3 Elite Talent Dashboard Users may download, one at a time, up to either 100 Resumes per day (per Licensed User) or 2000 Resumes per month (per Licensed User). Please note that the term “download” shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein.
7.4 No Users may use the Elite Talent Dashboard in any way which, in Elite Talent’ sole judgment, adversely affects Elite Talent’ business, business prospects, the performance or function of any Site or the Elite Talent Database, or interferes with the ability of other subscribers to access the Elite Talent Database. Further, use of the Elite Talent Dashboard by you may not interfere with or violate, in any manner, the privacy election of Elite Talent Candidates. You understand and agree that any violation of section 7 will give Elite Talent the right to immediately terminate any and all access to the Dashboard and to terminate any corresponding Agreements.
7.5 You may use your subscription/license to the Elite Talent Dashboard only for seeking candidates for employment and are specifically prohibited from using information contained in the Elite Talent Database to (i) sell or promote any products or services, (ii) send emails that, in Elite Talent’ sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Candidates or (iii) take any other action that is, in Elite Talent sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Law, statute, code, rule, or regulation. Employer/Recruiter understands and agrees that if Employer/Recruiter uses the Elite Talent Database in violation of the preceding restrictions, then Elite Talent may, at its sole discretion, either terminate Employer/Recruiter’s Agreement or revoke Employer/Recruiter’s access to the Elite Talent Database.
7.6 Elite Talent may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Elite Talent Dashboard at any time.
- OPTIONAL TOOLS
We may in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.1 You may not post any Document to a Site that contains: (a) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (b) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (c) trade secrets (unless you own them or have the owner’s permission to post them); (d) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (e) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (f) anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (g) anything that is embarrassing or offensive to another person or entity.
10.2 You may not use a Document(s) to: (a) impersonate another person, living or dead; (b) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (c) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Elite Talent may allow posting of certain training and business opportunities.
10.3 Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
10.4 Job postings must describe individual openings for employees. You may not advertise multiple job openings in a single posting.
10.5 In limited circumstances, at Elite Talent’ sole discretion, Elite Talent allows non-traditional job postings such as education/training, business opportunities, freelance positions, volunteer posts and multi-level marketing opportunities to be posted on the Sites. Elite Talent reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Elite Talent deems such job posting to conflict with the best interests of its Users or detract from the User experience.
10.6 Resume/CV postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, freelance, volunteer or contractual basis on his or her own behalf.
10.7 Elite Talent is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Elite Talent’ sole discretion.
11.1 You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
11.2 You may not send unsolicited commercial email to Users.
11.3 Protect your password. Your Elite Talent account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration of an Elite Talent account, you should keep your password safe and protected. You may not provide your password or otherwise permit access to your Elite Talent account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s). You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Elite Talent immediately of any unauthorized use of your account or password.
11.4 Report inappropriate postings or conduct.
11.5 You may not delete or revise any material posted by any other person or entity.
11.6 If at any time Elite Talent comes to the understanding that you: (a) misled Elite Talent’ regarding your business practices and/or services, or (b) purchased services that do not represent your precise business, Elite Talent reserves the right to terminate your Agreement.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Elite Talent welcomes your comments regarding the Services and the Site and appreciates hearing from you. Please note, however, that Elite Talent does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Elite Talent creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Elite Talent. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Elite Talent’ part, and Elite Talent will not be liable for any use or disclosure of any User Submission. Elite Talent shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Even though rare/less likely, there may be information on our site that contains typographical errors, broken links, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Elite Talent Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from www.elitetalent.africa on such Elite Talent Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Elite Talent Sites, without the express written consent of Elite Talent. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. Elite Talent Materials are not considered to be works for hire and you may duplicate such Elite Talent Materials only for the purposes outlined in the Service Activation Agreement. “Elite Talent,” “Personified”, the Elite Talent design logo and certain other names or logos are service marks or trademarks of Elite Talent, and all related product and service names, design marks and slogans are the service marks or trademarks of Elite Talent. In addition, the “look” and “feel” of the Sites (including colour combinations, layout, design and all other graphical elements) are also protected by Elite Talent’ trademarks, service marks and copyrights. Any code that Elite Talent creates to generate or display the Content or the pages making up the Sites is also protected by Elite Talent’ copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Elite Talent Materials on any authorized copy you make of the Content or Elite Talent Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted or error-free.
Elite Talent assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Elite Talent acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Elite Talent may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Elite Talent has no liability or responsibility to Users for performance or non-performance of such activities. Elite Talent may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
You expressly agree that your use of, or inability to use, the portal is at your sole risk. The service and all products and services delivered to you through the portal are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of title, and non-infringement.
Elite Talent makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
Elite Talent makes no representations or guarantees regarding the effectiveness of the services or timeliness of the services in meeting your employment objectives. Elite Talent does not guarantee that the services will result in candidates being hired, positions being filled or employees being retained, and is not responsible or liable for any business, employment, hiring and/or salary decisions, for whatever reason made, made by you.
In no case shall Elite Talent, our directors, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the portal, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regard to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
You agree to indemnify, defend and hold harmless Elite Talent and our parent, subsidiaries, affiliates, partners, shareholders, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
For the annulment of any doubt, we would reiterate that your statutory rights are not affected by any of our terms, conditions or policies.