1 INTRODUCTION

1.1 These terms and conditions (“terms and conditions”) apply in respect of the Quickbuck services, which may be accessed on the website and the application (collectively, “IT platforms” and a reference to IT platform shall be a reference to any one of them as the context may require). Please read these terms and conditions carefully prior to accessing and using the Quickbuck services as defined herein.

1.2 Please browse or use the IT platform/s for your own personal use only, and for no other purpose. By using the IT platform/s you indemnify Quickbuck against all loss, damage, expense, harm, claim and any other cost whatever that you may incur as a result of your use of the IT platform/s and/or its/their contents contrary to these terms and conditions.

1.3 By using the IT platform/s, you confirm that you have read and understood the terms and conditions and agree to be bound by them. These terms and conditions constitute the whole of the agreement between Quickbuck and you relating to the matters dealt with herein and save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of these terms and conditions not incorporated in these terms and conditions shall be binding on Quickbuck and yourself.

1.4 Quickbuck reserves the right to suspend the IT platform/s or any parts thereof at any time, at its sole discretion.

2 INTERPRETATION AND DEFINITIONS

In these terms and conditions a reference to –

2.1 “applicable laws” means all laws, statutes, ordinances, by-laws or other legislative measures relevant and applicable to the implementation of these terms and conditions;

2.2 “application” means the software application developed by Quickbuck specifically in respect of the Quickbuck services, to be downloaded and used on a mobile device;

2.3 “business day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

2.4 “commencement date” means the date of registration by you on the IT platform (as contemplated in terms of clause 3);

2.5 “mobile device” means any portable computing device capable of accessing the internet, including without limitation a smartphone or tablet computer;

2.6 “personal information” shall have the same meaning as is ascribed to it in section 1 of the Protection of Personal Information Act 4 of 2013, and which includes without limitation, information in respect of –

2.6.1 an individual, such individual’s name, identity number, age, email addresses, telephone/mobile number/s, physical addresses and credit or debit card details; and

2.6.2 an entity, such entity’s name, registration number, VAT number, email addresses, telephone/mobile number/s, physical addresses and credit or debit card details and. If necessary, details of the directors and employees of such entity as well as the banking details thereof;

2.7 “Quickbuck” means Quickbuck Proprietary Limited (registration number 2018/495077/07);

2.8 “Quickbuck services” means the provision of connecting recruiters to job seekers through the IT platform/s;

2.9 “website” means https://quickbucksa.co.za/;

2.10 Where any term is defined within any clause other than this clause 2, the term so defined shall, for all purposes, bear the meaning ascribed to it in that clause unless it is clear from the context that such meaning is to be restricted exclusively to the use of that term within that clause.

2.11 The use of a specific example (whether or not after the word “including” or “such as”) shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s. Accordingly, without limiting the generality of the aforegoing, wherever the words “includes or including” are used in these terms and conditions, the words “without limitation” shall be deemed to follow them.

2.12 The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement (the contra proferentem rule) shall not apply.

3 REGISTRATION

3.1 The IT platforms are supplied by Quickbuck. Quickbuck reserves the right to suspend the IT platform/s or any parts thereof at any time, at its sole discretion.

3.2 In order to register and create a personal account (“Quickbuck account”) with Quickbuck for the provision by Quickbuck of the Quickbuck services, you shall be required –

3.2.1 as an individual or entity, to –

3.2.1.1 possesses a valid South African identity document or valid passport in an acceptable form to Quickbuck; and

3.2.1.2 possesses or have access to valid bank account with a registered South African financial institution to receive payment; and

3.2.1.3 download the application onto a mobile device. Please ensure that you download the correct application and that the application is compatible with the mobile device. For the purposes of clarity, the application will only apply in respect of the single mobile device onto which the application is downloaded; or

3.2.1.4 access the website directly; and

3.2.1.5 furnish Quickbuck with an email address subsequent to which a confirmation; and

3.2.1.6 create a username (in order to do so, a valid email address is required) and password which will enable you to access your Quickbuck account in order to have access to the application and the Quickbuck services; and

3.2.1.7 provide Quickbuck with your/the entity’s personal information and any other information which Quickbuck may deem to be necessary in order to render the Quickbuck services.

3.3 Upon registration with Quickbuck, whether through the application and/or the website, you shall be provided with a Quickbuck account and a password of your choice which will enable you to access your Quickbuck account in order to utilise the Quickbuck services.

3.4 It is specifically recorded that Quickbuck reserves the right to refuse and/or reject, for any reason whatever, your application for registration and the use of the Quickbuck services.

4 DURATION AND CANCELLATION

4.1 These terms and conditions shall commence on the commencement date, and unless terminated earlier by Quickbuck or you in terms of these terms and conditions, shall continue in force indefinitely.

4.2 You or Quickbuck are entitled to cancel these terms and conditions by written notice to the other advising of the cancellation and in your case, requesting the de-registration of the Quickbuck account.

5 USE OF QUICKBUCK’S LOGOS, CONTENT AND IMAGES

You are prohibited from using the content of the IT platforms, Quickbuck logos or any other images that appear on the IT platforms without the prior written consent of Quickbuck A failure to comply with this will constitute an unlawful infringement of the intellectual property rights of Quickbuck and its licensors.

6 ADVERTISING AND HYPERLINKS

External hyperlinks and advertising may appear on the IT platforms. These hyperlinks do not constitute any relationship between Quickbuck and any linked third party or any endorsement by Quickbuck of such third party. Quickbuck does not necessarily endorse such third parties or their products and/or services. Your reliance on any information via the external hyperlinks, advertising or otherwise contained in such material is entirely at your own risk.

7 FORCE MAJEURE

7.1 Quickbuck shall not be liable to you for any breach, hindrance or delay in the performance of any obligation attributable to any cause beyond the reasonable control of Quickbuck, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“event of force majeure”), regardless of whether the circumstances in question could have been foreseen.

7.2 Either you or Quickbuck may terminate any contract forthwith by written notice to the other in the event that the event of force majeure lasts for a period of 90 business days or more, in which event neither you nor Quickbuck shall be liable to the other by reason of such termination.

8 WARRANTIES

8.1 You hereby warrant that –

8.1.1 all information, including without limitation, all information in respect of (i) registration contemplated in clause 3; and (ii) your use of the Quickbuck services; provided by you to Quickbuck are true and correct in all respects. Quickbuck reserves the right to verify, at any time without your prior consent, all information provided by you to Quickbuck as aforesaid;

8.1.2 your use of the IT platform/s shall be solely in respect of your own personal use or for the use required by an entity and not for a commercial purpose;

8.1.3 your Quickbuck account shall be accessed and used solely by you as an individual or entity, as the case may be, and no other person shall be entitled, in any manner whatever and whether with or without your consent, to access and/or use your Quickbuck account;

8.1.4 you shall not, in any manner whatever, delegate any obligations or cede any rights to any other person in respect of your Quickbuck account;

8.1.5 your use of the (i) IT platform/s; and/or (ii) Quickbuck services; shall at all times be lawful and shall not be used, whether directly and/or indirectly, for illegal and/or fraudulent purposes;

8.1.6 the IT platform/s shall not be used in a manner which may cause, whether directly and/or indirectly, disruption and/or damage to any third party;

8.1.7 you, nor any other person/s acting under your direction and/or control, shall not in any manner whatever (i) impair, obstruct and/or harm the operation of the network and/or the software used in respect of the IT platform/s; and/or (ii) damage or destroy the IT platform/s;

8.1.8 you shall not reproduce or distribute, in any manner or form whatever, inter alia, the content and/or software of the IT platform/s.

9 PROTECTION OF PERSONAL INFORMATION

9.1 You hereby –

9.1.1 agree and acknowledge that in order for Quickbuck to render the Quickbuck services, Quickbuck shall require access to and use of your personal information; and

9.1.2 consent to Quickbuck accessing and using such personal information in order to render the Quickbuck services.

9.2 Quickbuck agrees that it shall –

9.2.1 safeguard and protect your personal information in its possession and/or under its control;

9.2.2 use your personal information only for –

9.2.2.1 the purposes for which such information was received (ie in order for Quickbuck to render the Quickbuck services); and

9.2.2.2 marketing special offers in respect of the Quickbuck services, unless indicated otherwise by you in writing;

9.2.3 not use your personal information for any purposes other than those contained in clause 9.2.2;

9.2.4 not disclose, sell or rent your personal information to third parties without your consent unless Quickbuck is compelled to do so by law. Quickbuck may do so if you have granted consent thereto;

9.2.5 update your personal information as and when required by you, in writing. For the purposes of clarity, it is recorded that Quickbuck shall not update and/or verify your personal information without having acquired your prior written instructions and Quickbuck shall not, save for gross negligence on its part, be liable for, inter alia, any errors, omissions and/or unauthorised access to your personal information; and

9.2.6 allow you access to your personal information as and when required by you.

9.3 Quickbuck will only share your personal information with parties that help it to provide the Quickbuck services to you and which have agreed to keep your personal information secure and confidential as set out herein.

9.4 Quickbuck will ensure that all of its employees and third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

9.5 Quickbuck undertakes not to retain your personal information for longer than the period for which it was originally needed, unless it is required by law to do so, or you consent to Quickbuck retaining such information for a longer period.

9.6 Upon request, Quickbuck will provide you with a summary of any personal information collected and retained by Quickbuck regarding you. You may modify, correct, or update your personal information or request to have your personal information removed from Quickbuck’s database.

9.7 Notwithstanding the provisions of this clause 9, Quickbuck cannot guarantee the absolute security of any information you exchange with it. Quickbuck will however take reasonable steps in an attempt to protect and safeguard your personal information.

10 LIMITATION OF LIABILITY

10.1 Your use of the IT platform/s is entirely at your own risk. Quickbuck makes no representations or warranties of any kind, whether express or implied. Quickbuck accepts no liability, to the extent permitted by law, for any damages, however arising, whether direct, indirect, incidental, special or consequential loss from the access or use of the IT platform/s or the provision of any of the Quickbuck services.

10.2 Quickbuck shall not be liable for any damages arising out of the use (or inability to use) the IT platform/s, including without limitation, damages resulting from any (i) failure and/or delay in the transmission of electronic correspondence and/or communication; and/or (ii) unauthorised access and/or manipulation of such correspondence by third parties and/or computer program/s.

11 INDEMNITIES

By using the IT platform/s, you hereby indemnify Quickbuck, its shareholders, affiliates, employees and its directors (collectively, ‘the indemnifieds”) against all loss, liability, damage and/or expense of every nature whatever (including without limiting the generality of the aforegoing, all party and party and attorney and own client costs (and additional costs) incurred by the indemnifieds) which the indemnifieds may directly or indirectly suffer and/or incur and/or which may be directly and/or indirectly attributable to, inter alia (i) a breach by you of these terms and conditions and/or any applicable law; (ii) any misuse by you of the IT platform/s; and/or (iii) a violation or infringement by you of the rights of any third party in respect of the Quickbuck services.

12 INTELLECTUAL PROPERTY

Quickbuck owns all rights, title and interest, including without limitation, all related intellectual property rights in and to the IT platform/s and/or other material on the IT platform/s. You are only permitted to view, print or store electronically a copy of any information on the IT platform/s, including these terms and conditions, solely for your personal, lawful, non commercial use and a failure to do so will constitute an unlawful infringement of the intellectual property rights of Quickbuck or its licensors.

13 NOTICES

Any notice under these terms and conditions shall be in writing and may be served by personal delivery or by email to the relevant party at any physical and/or postal and/or email address of the relevant party last known to the other. Quickbuck chooses info@quickbucksa.co.za and 126 Club Terrace, Club Street, Linksfield, 2192 as its email address and physical address respectively for receipt of legal service.

14 ACCURACY OF WEBSITE CONTENT

14.1 Quickbuck does not warrant that the content or information displayed on the IT platforms is always accurate, complete and/or current.

14.2 Quickbuck reserves the right at any time to change or discontinue without notice, any aspect or feature of the IT platforms. No Information contained on the IT platforms shall be construed as advice and same is offered for information purposes only.

15 AMENDED OR UPDATED TERMS

15.1 Quickbuck may periodically update or change these terms and conditions without notice. Please ensure that you check them from time to time, as your continued use of the IT platform/s shall mean that you accept any updated or revised terms and conditions.

15.2 Accordingly you agree to review these terms and conditions periodically, and your continued access or use of the IT platform/s shall be deemed to be your acceptance, from time to time, of the terms and conditions as amended.

16 GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed under the laws of the Republic of South Africa and you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, South Africa.
17 GENERAL

17.1 These terms and conditions shall commence from the date on which they are published on the IT platform/s and continue indefinitely, as amended by Quickbuck from time to time, for so long as the IT platform/s exist and are operational. Quickbuck shall be entitled to terminate these terms and conditions and/or shut down the IT platform/s at any time.

17.2 No failure or delay by Quickbuck in exercising any right under these terms and conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights of Quickbuck under these terms and conditions.

17.3 Any and all copyright subsisting in the IT platform/s vests in Quickbuck or its licensors, as the case may be, and all rights not expressly granted are reserved.