Published date: 31 May 2024

AGREEMENT/UNDERTAKING

1. It is hereby agreed with JobZapp (hereinafter referred to as JobZapp or the Company) with registration number 2022/437026/07 as follows:
2. Introduction

2.1 These terms of use govern your access to and use of the JobZapp platform, including mobile sites, software applications, and websites. It is important to read and understand these terms before using the platform.

2.2 The right of access and use of the JobZapp platform is subject to you accepting the terms and conditions of this contractual agreement and agreeing to be bound by these terms.

2.3 These terms supersede any prior agreements or arrangements you may have had with JobZapp.

2.4 JobZapp reserves the right to terminate any existing contract or service with you or to cease offering or deny access to the platform, at any time with just cause.

• JobZapp may update these terms related to their services from time to time, and any such amendments will be effective upon posting them in the terms and conditions. Your continued use of the platform after 7 days of the posting after such updates constitutes your consent to the revised terms and conditions.

 

3. Definitions

In this Agreement:

3.1 Account: A unique account is created for you to access our Service or parts of our Service.

3.2 Company: Any use of the words "Company," "We," "Us," or "Our" in this Agreement refers to JobZapp.

3.3 Country: Refers to South Africa.

3.4 Content: Content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.

3.5 Cracking: Similar to hacking, cracking involves breaking into computer systems, but with the specific intent of bypassing passwords or other security protections to access data or resources without authorization. Cracking is often associated with illegal activities.

3.6 Device: Any device that can access the Service, which includes but is not limited to a computer, a cell phone, or a digital tablet.

3.7 Feedback: Feedback, innovations, or suggestions sent by you regarding the attributes, performance, or features of our Service.

3.8 Flaming: The act of posting or sending offensive, inflammatory, or hostile messages in online forums, social media, email, or other digital communication platforms. Flaming is often intended to provoke a reaction or cause harm to the recipient.

3.9 Hacking: Unauthorized access to or manipulation of computer systems, networks, or data. Hacking can involve the exploitation of vulnerabilities to gain unauthorized access to systems, steal information, or disrupt services.

3.10 JobProvider: A JobProvider on JobZapp is an individual who seeks assistance with tasks or jobs and posts opportunities on the platform for JobSeekers to fulfil.

3.11 JobSeeker: A JobSeeker on JobZapp is an individual who registers on the platform to be matched with tasks or jobs that need completion, creating a marketplace where jobs come to them.

3.12 Orders/Bookings: A request by you to purchase Products/Services.

3.13 Phishing: A type of online fraud where attackers attempt to obtain sensitive information such as usernames, passwords, and credit card details by pretending to be a trustworthy entity in electronic communications. Phishing is typically carried out through email or malicious websites.

3.14 Products: The products or items offered for sale on the Service.

3.15 Promotions: Contests, sweepstakes, or other promotions offered through the Service.

3.16 Service: Refers to the Website.

3.17 Spamming: The act of sending unsolicited and often irrelevant or inappropriate messages over the internet, typically in large quantities. Spamming can occur through email, social media, forums, and other digital communication platforms, and is often used for advertising or spreading malware.

3.18 Spoofing: The act of disguising communication from an unknown source as being from a known, trusted source. Spoofing can apply to emails, phone calls, websites, and other forms of communication, and is typically used to gain access to personal information or spread malicious software.

3.19 Terms and Conditions (also referred to as "Terms"): These Terms and Conditions form the entire agreement between you and JobZapp regarding the use of the Service. This Terms and Conditions Agreement was generated by the Terms and Conditions Generator.

3.20 Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.

3.21 User: A JobProvider or JobSeeker.

3.22 Vetted: The process by which JobZapp examines and verifies the credentials, experience, background, and reliability of JobSeekers or JobProviders. This may include verification of skills and qualifications.

3.23 Website: Refers to JobZapp, accessible from www.jobzapp.com and app.jobzapp.com.

3.24 You: The individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

4. Requesting and Booking a Service

4.1 To request and book a service, users must complete an electronic registration form.

4.2 This involves providing essential information such as full name, valid email address, contact number, and residential address.

4.3 Users must consent to the Agreement and Privacy Policy, as well as any additional terms the JobZapp may require acknowledgement of.

5. Nature of the Service

5.1 JobZapp facilitates the procurement of services, which includes but is not limited to services such as tutoring, pet sitting, dog walking, by providing information, but does not directly deliver these services or operate as a service provider.

5.2 It is the sole responsibility of individual JobSeekers registered on the Website to offer services that can be scheduled through the Website or software.

5.3 When utilizing a JobSeeker who offers services via the Website or software, JobProviders acknowledge and accept that such JobSeeker operates as an independent contractor.

5.4 The promotion of services by JobSeekers through the Website or software is at the discretion of the JobSeeker and is not endorsed by JobZapp; and does not establish any agency, partnership, or employment relationship between JobZapp and the JobSeeker.

6. Representations and Warranties

6.1 The JobZapp platform comprises a website, mobile application, and software designed to facilitate connections between individuals seeking services and service providers.

6.2 JobZapp does not accept any liability. While JobZapp takes reasonable steps to verify user information, JobZapp does not guarantee, warrant, or confirm any representations made by users regarding their expertise, qualifications, skills, reliability, quality, or suitability, including those of JobSeekers. When engaging with JobSeekers, JobProviders must exercise caution and common sense to protect their safety and property; and so too this applies to the JobSeekers to exercise due caution and common sense to protect their safety and property.

6.3 By using the service, you agree to release/indemnify JobZapp from any responsibility, liability, or damages that may arise from such use.

6.4 Your access to and use of the service indicates your acceptance and compliance with JobZapp's privacy policy, which outlines procedures for collecting, using, and disclosing personal information, as well as privacy rights and legal protections.

6.6 Additionally, by using the service, you acknowledge that:

6.6.1 You are over the age of 18 (eighteen), as individuals under 18 (eighteen) are not permitted to use the service.

6.6.2 The service will be used lawfully, without unlawful or fraudulent purposes.

6.6.3 You will not cause nuisance, annoyance, or inconvenience to the service.

6.6.4 You will not impair the proper functioning of the network on which the website and software operate.

6.6.5 You will not harm the website, service, or software in any manner.

6.6.6 You will not copy or distribute the software or other content without written permission from JobZapp.

6.6.7 You will only use the service for personal use and will not frame, modify, distribute, commercialize, exploit, or alter the website.

6.6.8 You will maintain a secure account password, or any identification provided for accessing the services.

6.6.9 You will provide JobZapp with any reasonable proof of identity upon request.

• You will not bring JobZapp into disrepute

 

7. License

7.1 Subject to your compliance with the terms, JobZapp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the service platform for personal use solely in connection with your use of the services. You may also access and use any contact information and related materials made available through the services, solely for your personal use. Any rights not expressly granted herein are reserved by JobZapp.

7.2 You are prohibited from licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or commercially exploiting the service in any manner.

7.3 You are prohibited from creating derivative works based on the service or software.

7.4 You may not create internet links to the service, or frame or mirror any software on any other server or wireless or internet-based device.

7.5 Reverse engineering the software or accessing it to build a competitive product or service is strictly prohibited. This includes building products using similar ideas, features, or automated programs or scripts, such as web spiders, web crawlers, web ants, web indexers, bots, viruses, or any program that may make multiple service requests per second.

8. Grant and Restrictions:

JobZapp hereby provides you with a non-exclusive, non-transferable right to utilize the Software and Service solely for your own personal, non-commercial purposes, contingent upon your compliance with the terms and conditions of this Agreement. All rights that have not been explicitly granted to you are reserved by JobZapp and its licensors.

8.1 You are prohibited from engaging in the following activities:

8.1.1 Licensing, sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting or making the Service or Software available to any third party in any manner.

8.1.2 Modifying or creating derivative works based on the Service or Software.

8.1.3 Establishing internet "links" to the Service or "framing" or "mirroring" any Software on any other server or wireless or internet-based device.

8.1.4 Attempting to reverse engineer the Software.

8.1.5 Accessing the Software for purposes of:

○            Developing a competitive product or service,

○            Creating a product using similar ideas, features, functions, or graphics of the Service or Software, or

○            Copying any ideas, features, functions, or graphics of the Service or Software.

8.1.6 Initiating an automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program that may generate multiple server requests per second, or unduly burdens or disrupts the operation and/or performance of the Service or Software.

8.2 You are obligated to use the Software and Service exclusively for personal, non-commercial purposes and refrain from:

8.2.1 Sending spam or other duplicative or unsolicited messages that violate applicable laws.

8.2.2 Transmitting or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or infringing upon the privacy rights of third parties.

8.2.3 Transmitting or storing material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs.

8.2.4 Interfering with or disrupting the integrity or performance of the Software or Service or the data contained therein.

8.2.5 Attempting unauthorized access to the Software or Service or their related systems or networks.

9. Ownership:

9.1 The service and all rights therein are and shall remain JobZapp property.

9.2 Neither the terms nor the use of the service conveys or grants to you any rights in or related to the service for the limited license granted or to use or reference in any manner JobZapp company names, logos, product and or service names trademarks and or service marks.

10. Your Use of the Service:

User Accounts:

10.1 To use the service, you must have registered and be verified as an active user, being 18 (eighteen) years and older.

10.2 Account registration requires the submission of certain personal information and supporting documentation, as well as at least one valid payment method.

10.3 You agree to maintain accurate and complete up-to-date information on your account. Failure to do so may result in your inability to access and use the services, leading to termination by JobZapp.

10.4 You are responsible for all activity on your account and must maintain its security.

10.5 JobZapp does not guarantee the accuracy of the information or the suitability of JobProviders or JobSeekers, hence you use the service at your own risk.

User Requirements and Conduct:

10.6 Third parties are not authorized to use your account, and individuals under 18 (eighteen) cannot receive transportation or logistical services from JobSeekers unless accompanied by an adult over 18 (eighteen).

10.7 You may not assign or transfer your account.

10.8 You must comply with all laws when using the services and may only use them for lawful purposes.

10.9 Users may be required to provide proof of identity.

Information Provided by Users and Personal Information:

10.10 When submitting information, you confirm your entitlement to utilize it and permit JobZapp to use it for the specified purpose.

10.11 You confirm the information provided to be true and correct and commit to ensuring that all submitted information remains accurate and current.

10.12 You are responsible for the security of your user credentials, including passwords and JobZapp does not accept any liability for its security and loss arising from a security breach.

10.13 JobZapp relies on actions executed on your account as authorized by you.

10.14 JobZapp is not liable for losses due to unauthorized account access. You are responsible for reimbursing JobZapp for losses incurred due to unauthorised access.

10.15 You may not authorize others to use your user status or transfer your user account.

10.16 By providing personal information, you consent to its collection, processing, and storage by the Privacy Policy which can be found at https://jobzapp.com/privacy-notice.

User-Provided Content:

10.17 JobZapp may request users to submit textual, audio, and/or visual content, including commentary and feedback related to the services.

10.18 You represent and warrant ownership of the content or necessary rights to grant JobZapp access.

10.18 Content provided must not be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or offensive, as determined by JobZapp.

11. Network Access and Devices

11.1 You are responsible for obtaining the data network necessary to use the services.

11.2 Your network service provider rates and fees will apply when you access and or use the services.

11.3 You are responsible for acquiring and updating compatible hardware and software necessary to access and use the services and applications and any updates thereof.

12. Booking a Service

12.1 By booking a service, you warrant that you are legally capable of entering into a binding contract.

12.2 You represent and warrant that you have the legal right to use any of the credit or debit cards or other payment methods in connection with booking the service, and that the information you supply to us is true, correct, and complete.

13. User Feedback

13.1 By providing feedback to JobZapp, you grant all rights and interest in that feedback to JobZapp.

13.2 You agree to grant JobZapp a non-exclusive, perpetual, irrevocable, royalty-free worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such feedback without restrictions.

14. Payment terms

14.1 When using JobZapp, JobProviders will be charged for services provided by JobSeekers.

14.2 Upon reserving a service, the job's value will be temporarily held and deducted upon job completion.

14.3 JobZapp facilitates JobProviders’ payments on behalf of JobSeekers through exclusive electronic payment platforms and no cash payments are accepted.

14.4 Jobseekers use the service provided at no cost.

14.5 Such payments are considered as made directly by JobProviders to the JobSeekers. Charges will include booking fees and other related fees.

14.6 All charges are due immediately, and payment will be facilitated using the preferred payment method designated in your account. After payment, JobZapp will send you a receipt via email and application notification.

14.7 JobZapp reserves the right to revise charges for any services obtained through the platform at its sole discretion. Charges may vary depending on geographical areas. JobZapp will inform you of applicable charges through the contact details provided in terms of which you are responsible for charges incurred under your account. The payment structure aims to fully compensate JobSeekers for their services or goods.

14.8 Tipping a JobSeeker is voluntary and not required as part of the payment for services. While JobProviders are free to provide additional payment as gratitude to a JobSeeker, they are not obligated to do so.

15. Use of the Service

By utilizing the services, you acknowledge and agree to the following:

15.1 You are strictly prohibited from engaging in activities such as "spoofing," "hacking," "flaming," "cracking," "phishing," "spamming," or any other actions intended to achieve purposes similar to those mentioned above.

15.2 You must refrain from intercepting any information transmitted to or from us, the website, or software that is not explicitly intended for your receipt.

15.3 The services may only be used legally, as specified in this Agreement. It is important to note that JobZapp does not grant you any rights to access or use any underlying source code of the website and/or the software (to the extent applicable), except as otherwise provided in this Agreement.

16. Supply of Services

16.1 In instances where JobSeekers are referred to as "vetted" or similar terminology, it solely indicates that basic checks have been conducted, as outlined on our website at the time of booking. These checks did not reveal any discernible concerns.

16.2 It is crucial to understand that these checks rely on information provided by third parties, and we cannot guarantee its accuracy. Additionally, we cannot assure that JobSeekers are suitable for specific needs. The use of JobSeekers’ service is at the risk of JobProviders.

• A booking constitutes an email confirming your job, which constitutes an accepted agreement by your chosen JobSeeker.
• Both JobProviders and JobSeekers agree to comply with all relevant laws, regulations, and policies.
• JobProviders agree to provide a safe and appropriate working environment for JobSeekers and commit to ensuring that the Jobseeker can provide the services, by providing the necessary tools and/or equipment.
• Any complaints regarding the platform should be communicated directly to us, rather than to the JobSeeker.
• JobProviders also agree to adhere to our complaint and other policies on our website, which may be subject to changes over time.
• Please be aware that designated JobSeekers may become intermittently unavailable, such as beyond our control such as including but not limited to illness, vacations, or their departure from our service.
• During the term of this agreement, JobProviders pledge not to book any services from or engage with any JobSeeker outside of our website. They also agree not to engage directly with any JobSeekers for at least 6 (six) months, following the termination of this agreement through JobZapp.
• JobProviders are prohibited from scheduling an appointment with a JobSeeker outside of booking through the JobZapp platform, and JobZapp reserves the right of recourse.

17. Cancellation Policy and Payment for Services

17.1 Cancellation by JobProvider or JobSeeker

17.1.1 Cancellation Timing: You can cancel any individual or repeat bookings via the platform or by contacting us. There is no charge if you cancel job bookings 12 hours before the scheduled start time. If you cancel within 12 hours of the start time, a cancellation fee will apply.

17.1.2 Cancellation Fees: Cancelling within 12 hours incurs a 10% fee, and cancelling within three hours incurs a 20% fee. The booking fee remains applicable.

17.1.3  Unpaid Amounts: If any amount owed by you remains unpaid, JobZapp reserves the right to:

○            Impose reasonable additional administration charges.

○            Apply interest at the prevailing rate, applicable under the National Credit Act 34 of 2005.

○            Suspend the provision of services.

○            Terminate this agreement with written notice, including email.

 

17.2 Cancellation by JobZapp

17.2.1 Right to Cancel: JobZapp reserves the right to refuse or cancel your booking at any time for reasons deemed reasonable, including but not limited to suspected fraud or unauthorized transactions.

17.2.2 Price Changes: We may change the prices at any time by providing notice via email at least one month before a price change takes effect. If you do not accept the new fee, you have the discretion to cancel this agreement.

17.2.3 Credits: In case of cancellation by JobZapp, you will be notified by email and any amounts due for outstanding paid bookings will be credited to your digital wallet.

 

17.3 General Provisions

17.3.1 Agreement Cancellation: You can cancel this agreement as a whole by providing written notice within 30 days. Cancellation by JobZapp can be actioned at any time without cause on any booking or the agreement as a whole, including your right to use the platform.

17.3.2  Notification and Credits: In case of cancellation by JobZapp, you will be notified by email, and any outstanding payments for confirmed bookings will be credited to your digital wallet.

 

18. Following the Termination of the Agreement

All accrued rights and obligations remain unaffected. Any clauses in this agreement that are explicitly or implicitly intended to persist after cancellation will remain in effect. You are prohibited from attempting to re-register for or continue using our Website if we have issued you a cancellation notice.

19. Changes to the Terms and Conditions

We reserve the right to modify these terms and conditions by publishing the revised version on our Website, with a minimum notice period of 14 days before they take effect. We encourage you to periodically check our Website. If you continue to use our Website or the Services after the indicated effective date, you will be bound by the revised agreement.

20. Your Content

You bear responsibility for the content you provide. You are prohibited from publishing or transmitting any Content (including links or references to other content) that is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, discriminatory, or abusive, or which we, in our discretion, consider inappropriate. If you submit a Review, you also warrant that it represents your independent, honest, and genuine opinion. You confirm that you have (and will continue to have) all necessary rights and permissions to enable us to use your Content as envisioned by the Website and these terms and conditions.

We retain the right, without notice or refund, to suspend, modify, remove, or delete Content, or to disclose it to relevant authorities if it is the subject of a complaint if we have reason to believe it breaches our terms and conditions if such actions are necessary to protect us or others, if a criminal act is suspected, or if required by law or competent authority. In such cases, you must refrain from attempting to republish or resend the relevant Content. We do not accept responsibility if your content is misused by other users, as this is beyond our reasonable control. We reserve the right to permanently delete your Content at any time.

21. Content by Other Users

We do not endorse or recommend any reviews by other users. You rely on such information at your own risk, and we assume no legal responsibility for the accuracy of or any other aspects related to such Reviews.

22. Security

Your account on our website is intended for your personal use only and is non-transferable. You must not authorize or permit any other individual to access or use your account. It is your responsibility to take reasonable precautions to protect and uphold the confidentiality of your password and any other account or identity information. Please promptly inform us of any suspected security breaches, including instances of loss, theft, misuse, or unauthorized disclosure or use of your password. You are accountable for any third-party activity conducted using your account or identity unless we are partially at fault.

23. Limitation of Liability

Functioning of Our Website

23.1 We strive for seamless operation of our website but cannot guarantee uninterrupted or error-free service.

23.2 We reserve the right, without notice or liability, to suspend the website for maintenance, repairs, improvements, or other technical reasons.

24. Liability

Neither we nor any of our affiliates shall be liable for any loss or damage, except where there may be:

24.1 There may be a breach of a legal duty of care owed to you by us, our employees, or agents.

24.2 The loss or damage was may have been reasonably foreseeable by both parties.

• The loss or damage may be caused by our failure to comply with this agreement.

25. Note

25.1 You are responsible for any foreseeable loss or damage resulting from your breach of this Agreement or misuse of our Website, Services, Content, or Software, subject to our obligation to mitigate any losses.

25.2 We exclude liability to you under this Agreement and regarding your use of the Website, Software, or Services, to the extent permitted by law.

25.3 We are not responsible for any actions or omissions by JobSeekers or JobProviders, including any loss or damage that arises from the services provided by them.

26. Employment and Tax

26.1 Our terms and conditions and other legal documents do not constitute an employment service, and we are not the employer of any JobProvider or JobSeeker. JobZapp is not liable for any taxes or withholdings related to the use of our Services by JobProviders or JobSeekers, including unemployment insurance, employer's liability, or payroll withholding tax.

27. Privacy; Electronic Communications Act

27.1 To understand how JobZapp collects and utilizes personal information, please refer to our privacy practices. Additionally, the Electronic Communications and Transactions Act of 2002 (referred to as the "ECT" Act) provides a legal avenue for copyright owners who believe that material available on the Internet violates their rights under South African copyright legislation.

27.2 If you believe that any content associated with the Service or Software infringes upon your copyright, you, or your designated agent, have the option to submit a notice to JobZapp requesting the removal of such content or the blocking of access to it. These notices and any subsequent counter-notices must adhere to the current legal requirements mandated by the ECT Act.

27.3 For the proper handling of notices and counter-notices about the Service or Software, please direct your correspondence to JobZapp at the following address:

By Mail

14 Mercury Cres, Ottery, Cape Town, 7808

By Email

info@JobZapp.com

According to the Electronic Communications and Transactions Act 25 of 2002, in cases where goods or services are provided through electronic transactions, the seller is obliged to provide specific information to JobProviders on the website where these goods or services are made available.

 

28. Third-Party Interactions

28.1 During the use of the services, you may correspond with, purchase services from, or participate in promotions of third-party service providers, advertisers, and sponsors displaying their goods and/or services through the website or software. Any such activity, along with any associated terms, conditions, warranties, or representations, is solely between you and the applicable third party. JobZapp and its licensors shall bear no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party.

28.2 JobZapp does not endorse any sites on the Internet linked through the website or software, and in no event shall JobZapp or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party providers. JobZapp provides the software and website to you under the terms and conditions of this agreement. However, you acknowledge that certain third-party providers of goods and/or services may require your agreement to additional and/or different terms and conditions before your use of or access to such goods or services. JobZapp disclaims any responsibility or liability of any kind for any direct, indirect, incidental, or consequential loss or damage arising from such agreements between you and the third-party providers or from any use of, or reliance on, any data, information, claims, statistics, undertakings, and/or representations displayed on any third-party website.

28.3 To the extent allowed by law, JobZapp specifically excludes any liability and legal responsibility for any data, information, endorsements, materials, representations, or personal opinions displayed on any third-party website; and shall not be liable for any inaccurate, defamatory, unlawful, offensive, or discriminatory data or information displayed on any third-party website.

28.4 You engage with and/or rely on information provided by third parties (including advertisers) through the Website at your own risk. JobZapp is not responsible or liable for any loss, liability, or damage arising from your engagements with such third parties and/or reliance on such information.

29. Indemnification

29.1 By entering into this agreement and using the website, software, or services, you agree to defend, indemnify, and hold JobZapp, its licensors, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with:

29.2. Your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.

29.3 Your violation of any rights of any third party, including providers of services arranged via the website or software.

29.3 Your use or misuse of the software or website; or any claim that any content or information submitted or posted by you or on your behalf is inaccurate, defamatory, unlawful, offensive, and/or discriminatory and/or that it caused damage or loss to any person.

29.4This provision will survive termination, modification, or expiration of this agreement and your use of the website, software, and services.

29.5 If this Agreement and/or any Content and/or Services provided and/or made available on the Website or Software are regulated by or subject to the Consumer Protection Act, 2012, as may be amended from time to time (the "CPA"), it is not intended that any provision of this Agreement contravene any provision of the CPA. Therefore, all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.

29.6 No provision of this Agreement (or any contract governed by this Agreement) does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption.

30. Terminations

JobZapp reserves the authority to:

30.1 Alter or cease, whether temporarily or permanently, the Service in its entirety or any portion thereof.

30.2 Decline, at its discretion, all present or future use of the Service, as well as suspend or terminate your account (in whole or in part), or your use of the Service, for any reason, including if JobZapp has reason to believe that you have violated this Agreement. JobZapp shall not be held accountable to you or any third party for any modifications, suspensions, or discontinuations of the Service. JobZapp will, in good faith, make reasonable efforts to notify you in advance should your account face suspension or termination by JobZapp.

31. Disclaimer of Warranties

JobZapp does not provide any assurance, warranty, or guarantee regarding the reliability, punctuality, quality, suitability, availability, accuracy, or completeness of the service or software. JobZapp does not assert or warrant that:

31.1 The utilization of the service or software will be secure, timely, uninterrupted, or free from errors, or it will function seamlessly in conjunction with any other hardware, software, system, or data.

31.2 The service or software (including any services) will meet your specific requirements or expectations.

31.3 Any stored data will be accurate or dependable.

31.4 The quality of any products, services, information, or other materials acquired by you through the Service (including any services) will satisfy your requirements or expectations.

31.5 Errors or defects in the Service or Software will be rectified.

31.6 The Service or the server(s) responsible for its availability are free of viruses or other harmful elements.

31.7 The Service and Software are provided to you strictly on an "as is" basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the fullest extent permissible by applicable law by the company.

31.8 JobZapp does not make any assertions regarding the reliability, safety, timeliness, quality, suitability, or availability of any services, products, or goods obtained by third parties through the utilization of the Service or Software. You acknowledge and consent that the entire risk associated with your use of the Software and Service, as well as any third-party services or products, rests solely with you, to the maximum extent allowable by law.

32. Network Delays:

32.1 The Service and Software provided by JobZapp may encounter constraints, delays, and other challenges that are inherent to utilizing the Internet, telecommunications networks, and electronic communications. JobZapp shall not be held liable for any delays, delivery failures, or other damages arising from these issues.

33. Limitation of Liability Arising from Third-Party JobSeekers:

33.1 JobZapp may connect JobProviders with third-party JobSeekers (i.e., JobSeekers not registered on the Platform) to offer services. We do not assess the suitability, legality, or capabilities of any third-party JobSeeker, and JobProviders explicitly waive and discharge JobZapp from any liability, claims, or damages arising from or connected in any way to these third-party JobSeekers. JobZapp will not participate in disputes or negotiations of disputes between JobProviders and such third-party service providers. JobProviders are solely responsible for the decisions they make regarding services accessible through the software or website, along with their associated implications. We do not evaluate the suitability, legality, or abilities of any such third-party JobSeeker, and JobProviders explicitly release JobZapp from any liability, claims, legal actions, or damages stemming from their utilization of the Software or Website or any relationship with third-party JobSeeker introduced to them through the Software or Website.

34. Insurance

34.1 As a JobProvider, you bear the responsibility for ensuring a safe and secure work environment for the JobSeekers, as well as acquiring all requisite insurance pertinent to your residence and the individuals within it. By doing so, you hereby absolve JobZapp, the Platform, and the JobSeeker from any liability for injuries, property losses, or any other damages resulting from the Services to the maximum extent permissible under the law.

35. Notice

35.1 JobZapp may notify you through various means, including a general notice on the Service, sending an email to your registered email address within JobZapp's account information, or through written communication sent via registered mail or pre-paid post to the address listed in JobZapp's account information.

35.2 Such notification will be considered to be legal and binding using a registered email service which provides a secure and traceable email service, or with proof of receipt via email using a read receipt or a delivery report to confirm that the email was received by the recipient and via registered post. after mailing or posting (if sent via first-class mail or prepaid post) or 12 hours after being sent (if delivered via email).

35.3 You can provide notice to JobZapp, which will be deemed received when JobZapp receives it, through any of the following methods:

• A letter delivered by a nationally recognized overnight delivery service
• A letter sent via first-class mail with postage prepaid

You should send such notice to JobZapp at the following address:

Unit 27D 14 Mercury Cres, Ottery, Cape Town, 7808

Attention: Chief Executive Officer

36. Governing Law and Jurisdiction:

36.1 The laws of South Africa, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other l, domestic, regional, or international laws.

Privacy; Copyright Act No. 12 of 2001

Please visit https://JobZapp.com/privacy-notice to understand how JobZapp collects and uses personal information. The Copyright Act No. 12 of 2001 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Copyright Act. If you believe in good faith that any content made available in connection with the Website or Software infringes your copyright, you (or your agent) may send JobZapp a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the Copyright Act.

37. Dispute Resolution

37.1 If you have any concerns or disputes about the service, you agree to first try to resolve the dispute informally by contacting JobZapp. Such informal dispute resolutions will commence on written notice of dispute and will informally only move to arbitration or court proceedings after at least 30 days.

37.2 Should there be any dispute of any nature that JobZapp and you could not resolve out of this agreement it will be resolved through the customer relations process of JobZapp. Such disputes shall be submitted to confidential arbitration in terms of the expedited rules of the arbitration foundation of South Africa.

37.3 You and JobZapp agree that any arbitration in terms of this agreement will be limited to the dispute between JobZapp and you individually. You acknowledge and agree that you and JobZapp are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceedings. Further, unless both you and JobZapp agree, the arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any forms of class or representative proceedings. Each party will be liable for its costs should such proceedings prove necessary.

38. Amendments:

38.1 JobZapp reserves the right, at its sole discretion, to modify or replace these terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

38.2 By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms in whole or part, please stop using the platform.

39. Assignment

39.1 You may not transfer this Agreement without obtaining prior written consent from JobZapp. However, JobZapp reserves the right to transfer this Agreement, without requiring your consent, to:

• a parent or subsidiary,
• an entity acquiring JobZapp's assets, or
• any other successor or acquirer.

Any attempt to assign this Agreement in contravention of this provision will be considered null and void.

40. General

40.1 This Agreement does not establish a joint venture, partnership, employment, or agency relationship between you, JobZapp, or any third-party provider, whether as a result of this Agreement or your use of the Service or Software. If any provision of this Agreement is deemed invalid or unenforceable, that specific provision shall be deemed void, while the remaining provisions will be enforced to the fullest extent permitted by law. JobZapp's failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by JobZapp in writing. This Agreement constitutes the complete and exclusive agreement between you and JobZapp, supplanting all prior or concurrent negotiations, discussions, or agreements, whether in written or oral form, regarding the subject matter covered herein.

41. Other parties

41.1 You acknowledge that being a corporate entity, JobZapp has a vested interest in minimizing the personal liability of its officers and employees. Consequently, you consent not to file any personal claims against JobZapp's officers or employees for any losses you may incur from the Service or Software. Furthermore, and without affecting the aforementioned, you agree that the warranty and liability limitations outlined in this Agreement will extend protection to JobZapp's officers, employees, agents, subsidiaries, successors, assigns, and subcontractors.

42. Breach of these Terms and Conditions

42.1 In addition to JobZapp's other rights specified in these terms and conditions, if you violate these terms and conditions in any manner, JobZapp may take appropriate actions to address the breach. This may include but is not limited to, suspending your access to the Service or Software, restricting your ability to use the Service or Software, preventing computers with your IP address from accessing the Service or Software, reaching out to your internet JobSeeker to request the blocking of your access to the Service or Software, and/or initiating legal proceedings against you.

43. Change of Terms

43.1 JobZapp reserves the right, at its sole discretion, to modify or replace these terms at any time. If a revision is deemed material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions come into effect, you agree to be bound by the revised terms. If you do not agree to the new terms in whole or in part, please stop using the platform.

44. Complaints:

44.1 If you have any complaints, please contact us via the contact details provided on our Website or write to us at:

14 Mercury Crescent, Ottery, Cape Town, 7808 

South Africa

45. Contact Information:

45.1 If you have any questions about these Terms and Conditions, you can contact us by sending us an email: info@jobzapp.com