TERMS AND CONDITIONS OF USE OF THE STACKRACKET (PTY) LTD WEBSITE

1 About us.

Stackracket provides facilities for Recruiters or Employers to place advertisements for job vacancies, based on vacancy category and job title selected by the Job Seeker on the Stackracket Website. Stackracket makes the information contained on the Stackracket Website available to the Job Seeker, Recruiter and Employer subject to the Terms and Conditions of use set out hereunder, or as may be amended by Stackracket from time to time.

2 Job Seekers

2.1 Stackracket makes the information contained on this Website and/or any of the pages comprising the Website available to you free of charge.

2.2 Stackracket reserves the right, at any time, to change or discontinue without notice, any aspect or feature of this Website. By accessing, using, entering and/or submitting information to the Website, you shall be deemed to have agreed to all the Terms and Conditions thereof.

2.3 The Job Seeker shall agree not to use the Stackracket infrastructure or technology to market any service to Stackracket. Job Seekers hereby indemnify Stackracket against all claims, actions, liabilities, costs and expenses incurred on an account as a result of the listing or intended listing of any curriculum vitae (“CV”) by you on www.stackracket.com, or any related site.

2.4 Stackracket reserves the right to either reject or remove any CV from its Website for any reason whatsoever.

2.5 The Job Seeker shall agree to present itself truthfully in its CV on Stackracket and shall agree to take precautionary measures to ensure that its CV on Stackracket is free from viruses or other destructive code.

2.6 The Job Seeker shall agree to allow the Recruiter or Employer or third party to perform vetting and documentation checks on the information provided by the Job Seeker and will not hold Stackracket liable for any loss or damage arising from the performance of these checks.

2.7 Stackracket makes every effort to deliver applications to vacancies in the shortest possible time. The Job Seeker will however not hold Stackracket liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to a Recruiter or Employer.

2.8 To the fullest extent permitted by law, Stackracket and its associates exclude all liability for any loss or damage (including direct, indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Stackracket or its associates. Stackracket will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.

2.9 The Job Seeker shall agree to keep Stackracket and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Stackracket as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Stackracket to you.

2.10 Stackracket is sensitive to the private nature of the information provided to it over the internet and makes every effort to ensure that Job Seeker’s data is treated in the strictest confidence, however, Stackracket will not be held liable should your CV and/or information contained therein be unlawfully copied from the Stackracket Website through nefarious means and/or distributed without consent.

2.11 Access to the Job Seeker’s CV database is available only to Stackracket Recruiters and Employers who have been approved for CV search capabilities and whom Stackracket has issued with privileged passwords to search the Stackracket database. The Recruiter or Employer may access the Job Seeker’s CV database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the Recruiters and Employers’ current vacancy advertisements with Stackracket.

2.12 While Stackracket will make every effort to ensure that the Recruiter or Employer adhere to this undertaking, the Job Seeker shall herewith indemnify Stackracket against wrongful conduct, of any kind, by Stackracket Recruiters and Employers.

2.13 When Job Seekers register with Stackracket, the Stackracket system records their position preferences. This information is used to generate email notifications to Job Seekers of positions that may suit them. Recruiter or Employer vacancy advertisements will be linked to the criteria that are used to generate notifications, which means that Stackracket will actively market vacancies to selected Job Seekers.

3 Recruiters and Employers

3.1 All advertisements placed on the Stackracket Website will remain visible for a period determined by the Recruiter or Employer. In the case of ad hoc advertisements placed on the Website, the maximum advertising period is 30 (thirty) days.

3.2 The Recruiter or Employer must make every effort to avoid errors in advertisements. Stackracket accepts no responsibility or liability for any errors and requires that the Recruiter or and Employer check their advertisements for errors as soon as they are placed on the Website(s). Any errors may be edited immediately.

3.3 Stackracket shall use their best endeavors to notify the Recruiter or Employer of any maintenance and repairs which may result in the advertisements being unavailable, but do not warrant that such notice will be given in advance.

3.4 Stackracket reserves the right to either reject or remove any advertisement from its Website for any reason whatsoever.

3.5 Stackracket makes every effort to publish advertisements in the shortest possible time. Stackracket is not liable for any loss or damage incurred by the Recruiter or Employer as a result of any failure or delay in the listing an advertisement on Stackracket.

3.6 Prices set by Stackracket (Pty) Ltd may vary without notice.

3.7 All amounts owing to Stackracket must be paid within 14 days of the date of invoice. Stackracket may charge interest on late payment in accordance with the prevailing prime overdraft rate of Stackracket’s banker.

3.8 Recruiters or Employers must pay the amount of all invoices in full, notwithstanding any errors or omissions in any advertisement, into the Stackracket bank account, free of deduction or set off:
Stackracket
Bank:FNB
Branch:250655 :
Account Number: 62713605155

3.9 It is the responsibility of the Recruiter or Employer to ensure they comply with the Labour Relations Act and any other anti-discrimination legislation applicable in the Republic of South Africa. This is relevant to the creation of vacancy advertisements on Stackracket Website using the standard form. Stackracket will not accept advertisements that appear to be contrary to law.

3.10 Recruiters and Employers indemnify Stackracket against all claims, actions, suits, liabilities, costs and expenses incurred on any account by Stackracket as a result of the listing or intended listing of any advertisement by that Recruiter or Employer on [www.stackracket.com], or any related website.

3.11 Stackracket shall use reasonable endeavors to keep the vacancy advertisements available at all times. However, Recruiters and Employers agree that Stackracket shall not be liable to Recruiters and Employers or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in the display of the advertisements for any reason whatsoever.

3.12 The Recruiter or Employer is responsible for implementing sufficient procedures and checkpoints to satisfy their particular security requirements and output, and for maintaining external means for the reconstruction of any lost data.

3.13 To the fullest extent permitted by law, Stackracket and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Stackracket or its associates. Stackracket and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. Stackracket will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to Recruiters or Employers actions or omissions.

3.14 Recruiters and Employers shall agree to keep Stackracket and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Stackracket as a result of an actual or alleged breach by him/her of any law, or such other actions or claims brought in relation to the provision of services by Stackracket on behalf of Recruiters or Employers.

4 Use of Website.

You may not use this Website other than for the purpose so intended. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorised use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws. While Stackracket will implement precautionary measures to ensure that the Stackracket Website is free from viruses, Stackracket cannot and does not guarantee or warrant that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The Users shall be responsible for implementing sufficient protective software on their system that will satisfy their particular data security requirements and for maintaining a means external to their workstation for the reconstruction of any lost data.

5 Third Party Links.

In an attempt to provide increased value to our Users, Stackracket may provide external links to other websites. You acknowledge and agree that Stackracket are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, services available on such external websites.

6 Intellectual Property Rights.

Stackracket retains all intellectual property rights contained in the data stored on the Website and services provided by Stackracket and Users agree not to infringe on any of Stackracket’s rights without Stackracket’s prior written consent. This includes the use of public domain information represented on the Stackracket Website. Stackracket shall not be held liable for any infringement or alleged infringement of intellectual property or other rights which may result from the use of the Website. Stackracket has no knowledge of any such infringement, however, if it is proven that Stackracket is infringing any intellectual property or other rights, Stackracket undertakes to remove the infringing material and/or rectify the situation as soon as possible.

7 Privacy Policy.

Stackracket is sensitive to the private nature of information you provide to it over the Internet and is committed to protecting your privacy. The Website may collect certain information in connection with your use of the Website. Such information you provide ranges from limited personal data such as name, company, job title, address and e-mail address to facts about your business and profession and product preferences. In addition, Stackracket’s web servers automatically collect Website usage information from you when you visit/use the Website. Website usage information informs Stackracket about how visitors and subscribers use and navigate the Websites, including the number and frequency of users to each web page, their IP address, and the length of their stays. This information is used to help improve the Website, analyse trends, compile databases, administer the Website and for other purposes. By using this website, you signify your acceptance of our Private Policy. If you do not agree to this policy, please do not use our Website. Your continued used of the Website following the posting of changes to these Terms and Conditions will mean that you accept those changes.

8 Use of information collect.

Stackracket shall not divulge any personal information obtained from the User to any third parties unless :
o The Users have consented to any disclosure of such personal information to be made to any third party;
o any disclosure of such personal information is to be made by Stackracket to any of their employees or agents for the purpose of rendering the services to the User;
o Stackracket are compelled by any law or order of court to disclose such personal information.
o Any personal information supplied by the advertiser to Stackracket shall be securely stored by Stackracket.

9 Cookies.

The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are small text files a Website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the Website and allow a Website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Aggregate cookie and tracking information may be shared with third parties.

10 Spam: Stackracket will not send or promote the sending of unsolicited commercial communications (“spam”) and will take reasonable measures to ensure that its facilities and/or the information collected by Stackracket is not used by others for this purpose.

11 General.

11.1 This agreement constitutes the sole record of the agreement between the parties in relation to the subject matter hereof. Neither party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein. This agreement supersedes and replaces all prior commitments, undertakings or representations, whether oral or written between the parties in respect of the subject matter hereof. No addition to, variation, novation or agreed cancellation of any provisions of this agreement shall be binding upon the parties unless reduced to writing and signed by or on behalf of the parties.

11.2 No latitude, extension of time or other indulgence which may be given or allowed by a party to the other and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party’s rights in terms of or arising from this agreement or estop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

11.3 The Users shall not assign or transfer its rights and obligations to any other person without Stackracket’s prior written approval (which will not be unreasonably withheld). Any change in the effective control of its ownership shall be deemed an assignment for the purposes of this clause.

11.4 This agreement is governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to the jurisdiction of the High Court of South Africa respect of any disputes of whatsoever nature arising in connection with your use of the website or these Terms and Conditions or any matter related to or in connection therewith.

11.5 All provisions of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

11.6 The address for service on Stackracket for all purposes relating to these Terms and Conditions, including the giving of any notice, the serving of any process, is –

Physical – [6 Hans van Rensburg Street, Polokwane ]
Email – [info@stackracket.com]

11.7 Stackracket shall be entitled from time to time, by giving notice to you to vary its physical / telefax / email address for service to any other such address, provided that the physical address shall always be within the Republic of South Africa.

If you have any questions, comments or concerns about these Terms and Conditions, please email Stackracket at [www.stackracket.com]

These Terms and Conditions were last updated in September 2017.
All Rights Reserved