Terms & Conditions

THE SERVICES

Jobaround Athletes will undertake commercially reasonable efforts to make the Services available to you twenty-four (24) hours a day, seven (7) days a week.; Notwithstanding the foregoing, Jobaround Athletes reserves the right to suspend your access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event you are in breach of these Terms or an applicable Order Form.

You will cooperate with Jobaround Athletes in connection with the performance of these Terms by making available such personnel and information as may be reasonably required, and taking such other actions as Jobaround Athletes may reasonably request.; You will also cooperate with Jobaround Athletes in establishing a password or other procedures for verifying that only your designated employees have access to any administrative functions of the Services.

EMPLOYER MATERIALS

Employer represents, warrants, and covenants that any materials provided by Employer for use in connection with Jobaround Athletes will not violate any laws, rules, or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws.

JOB POSTINGS

Employers may post jobs for free, but Jobaround Athletes  reserves the right to charge for this service at any time for any reason. We reserve the right to remove any job posting from the Services at our sole discretion. Employers are solely responsible for their postings on Jobaround Athletes.
Your job posting must include:

  • employer name;
  • job description/title; and
  • a point of contact (name, email, and/or physical address).

Your job posting may include:

  • an hourly wage that exceeds your locality’s minimum wage;
  • whether job position includes tips;
  • start date;
  • employment period;
  • full time or part time (including hours);
  • available benefits;
  • job position location(s);
  • skill requirements;
  • travel requirements;
  • equipment requirements;
  • a job posting expiration date; and
  • any other special requirements such as, but not limited to, criminal background checks or drug testing.

Your job posting may not include:

  • any hyperlinks, other than those specifically authorized by Jobaround;
  • misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Jobaround ‘s sole discretion;
  • the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Jobaround;
  • the names of colleges, cities, provinces, towns or countries that are unrelated to the posting;
  • inaccurate, false, or misleading information; and
  • material or links to material that exploits people in a sexual, violent or another manner, or unlawfully solicits personal information from anyone under 18.

You may not use your job postings to:

  • post jobs in a manner that does not comply with applicable local, provincial, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  • post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with the South African law, regulations, executive order, and government contract;
  • post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
  • post jobs or other advertisements for competitors of Jobaround or post jobs or other content that contains links to any site competitive with Jobaround Athletes(such competitors and competitive sites to be determined by Jobaround Athletes at its sole discretion);
  • sell, promote or advertise products or services;
  • post any franchise, pyramid scheme, “club Users”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  • post any business opportunity that requires an upfront or periodic payment or requires recruitment of other Users, sub-distributors or sub-agents;
  • post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  • promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of Z83 forms;
  • post jobs on the Services for modeling, acting, talent or entertainment agencies or talent scouting positions;
  • advertise sexual services or seek employees for jobs of a sexual nature;
  • request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
  • endorse a particular political party, political agenda, political position or issue;
  • promote a particular religion;
  • post jobs located in countries subject to economic sanctions South African Government; and
  • except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) race, nationality, ancestry or ethnic origin; (ii) political beliefs; (iii) religion(iv) physical or mental disability; (v) sex or any other basis prohibited by applicable law.

USER DATABASE

You agree that you may only use the User Database in accordance with all applicable privacy and data protection laws, rules, and regulations. You may not disclose or allow the disclosure of any User Database content to any third party unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the CV explicitly for employment purposes.

You agree to take commercially reasonable physical, technical, and administrative measures to protect User Database content from loss, misuse, unauthorized access, disclosure, alteration or destruction.

The User Database may not be used:

  • for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
  • to make unsolicited phone calls or faxes or send unsolicited text, mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
  • to source Users or to contact Users in regards to prohibited career fairs or business opportunities.

EMPLOYER INDEMNITY

Jobaround Athletes shall defend, indemnify, and hold you harmless from liability to unaffiliated third parties resulting from infringement by the Service of any South African patent or any copyright or misappropriation of any trade secret, provided Jobaround Athletes is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Jobaround Athletes will not be responsible for any settlement it does not approve. The foregoing obligations do not apply with respect to portions or components of the Services (i);not created by Jobaround Athletes, (ii);resulting in whole or in part in accordance with your specifications, (iii);that are modified after delivery by Jobaround Athletes, (iv);combined with other products, processes or materials where the alleged infringement relates to such combination, (v);where you continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi);where your use of is not strictly in accordance with these Terms and all related documentation. You will indemnify Jobaround Athletes from all damages, costs, settlements, attorneys’ fees and expenses related to any claim of infringement or misappropriation excluded from Jobaround Athletes indemnity obligation by the preceding sentence.

GENERAL TERMS

LEGAL COMPLIANCE

You shall comply with all applicable laws, rules, and regulations in connection with your use of the Services. In no event shall we be responsible or liable for your failure to comply with applicable laws, rules, or regulations in connection with your use of the Service.
The Services have a number of example forms, templates, and other tools (collectively the “Tools”) to assist you with finding a job or hiring a User. You may only use the Tools as allowed by the Service’s functionality.

You understand and agree that the Tools are neither legal advice nor the practice of law and are not guaranteed to be lawful, correct, complete or up-to-date. If you need legal advice for drafting documents, or if your specific need is too complex to be addressed by our Tools, you should consult a licensed attorney in your area.

The Services are not intended to create any attorney-client relationship, and your use of the Services does not and will not create an attorney-client relationship between you and Jobaround. Instead, you are and will be representing yourself in any legal matter you undertake through the Services. Jobaround Athletes is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.

USER CONTENT

Your content, such as photos, videos, writings, and other creative submissions, is an important part of the Services. Anything you post, upload, share, store, or otherwise provide through Services is your “User Submission”. Other Services users may access some User Submissions. In order to display your User Submissions on the Services, and to allow other users to view or use them, you grant us certain content rights in those User Submissions.

When we say you are granting “Content Rights” to your User Submissions, we mean you are granting a license to display, perform, distribute, modify (for technical purposes), and reproduce your content for a specified purpose.

If your User Submission includes personal information, then its licenses are subject to our Privacy Policy.

For User Submission submitted with your mobile device you grant us consent to access your mobile device to retrieve and upload your User Submission.
For all User Submissions, you hereby grant Jobaround Athletes Content Rights to your User Submissions for the purpose of operating the Services. This license is described in more detail below. This is a license only; your ownership in User Submissions is not affected.

If you store a User Submission in your Jobaround Athletes account and don’t share it with any other user (a “Personal User Submission”), then you grant Jobaround Athletes the license granted above, as well as Content Rights to make that Personal User Submission accessible to you.

If you share a User Submission with other users (for example, a private message from a User to an Employer ) (a “Limited Audience User Submission”), then you grant Jobaround Athletes the licenses above, as well Content Rights to your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users. Also, you grant the other user Content Rights to access and use that Limited Audience User Submission as permitted by the Services’ functionality.
If you share a User Submission publicly on Services or to Jobaround (a “Public User Submission”), then you grant Jobaround Athletes the licenses above, as well as Content Rights for the purpose of making that Public User Submission available to the Services and all Jobaround Athletes users. Jobaround Athletes  will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users Content Rights to use that Public User Submission as permitted by the Services’ functionality.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide. When you delete your Jobaround Athletes account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other Users (if applicable). However, you understand and agree that it may not be possible to completely delete that content from Jobaround Athletes records and that your User Submissions may remain view-able elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Jobaround Athletes, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

UNAUTHORIZED ACTIVITIES

You are prohibited from:

  • copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Services’ servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Jobaround Athletes grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available portions of the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • transmitting spam, chain letters, or another unsolicited email;
  • attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • uploading invalid data, viruses, worms, or other software agents through the Services;
  • collecting or harvesting any personally identifiable information, including account names, from the Services;
  • using the Services for any commercial solicitation purposes;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • interfering with the proper working of the Services;
  • accessing any content on the Services through any technology or means other than those provided or authorized by Jobaround; or
  • bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

DISCLAIMERS AND WARRANTY DISCLAIMER

You understand and agree that:

  • Jobaround Athletes has no control over and makes no representations regarding User’s or Employer’s actions or services;
  • Jobaround Athletes (and its licensors or suppliers) makes no representations, nor are we responsible or liable, for any content, suggestions, instructions, or recommendations of services or products found on the Services;
  • The Services are designed for the use by Users located in the South Africa. We make no representations that the Services is appropriate or available for use in other locations, and you may not use the Services in locations outside the South Africa or for employees outside of South Africa without the express prior written permission of Jobaround, to be given by Jobaround Athletes at its sole discretion and on a case-by-case basis. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable South African law and regulation, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the South Africa, or are a foreign person or entity blocked or denied by the South African government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in South Africa.
  • THE SERVICES ARE OFFERED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES FROM JOBAROUND ATHLETES (OR OUR LICENSORS AND SUPPLIERS) OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF JOBAROUND WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SURVIVAL

All sections of these Terms which by their nature should survive termination or expiration will survive termination or expiration, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.

INTELLECTUAL PROPERTY

Except as expressly set forth herein, Jobaround Athletes (and its licensors, where applicable) will retain all intellectual property rights relating to the Services or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the Services, which are hereby assigned to Jobaround. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services or any intellectual property rights.

PAYMENT

In some instances, you may use the Services free of charge. We also have paid features. If you enroll in these paid features, you agree to pay Jobaround Athletes all applicable fees and authorize Jobaround Athletes to charge your chosen payment method. Unless agreed to otherwise, Jobaround Athletes is free to change our fees at any time.

Jobaround Athletes offers no refunds or credits. If you feel like you should receive a refund because
Jobaround Athletes made an error, please contact us at support@jobaround.co.za
Unless agreed to separately in writing, Jobaround Athletes will automatically renew annual subscriptions for an additional year unless you cancel your account before the anniversary of your registration date.

All fees are exclusive of taxes or duties imposed by governing authorities. You are responsible for all taxes or duties associated with your use of the Services.

INDEMNITY

To the fullest extent allowed by applicable law, you agree to indemnify and hold Jobaround Athletes, its affiliates, officers, agents, employees, and partners harmless from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations here under).

ASSIGNMENT

You may not assign, delegate or transfer these Terms or your rights or obligations here under, or your Jobaround account, in any way (by operation of law or otherwise) without Jobaround Athletes prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

MISCELLANEOUS

If any provision of these Terms is found to be unenforceable or invalid, that section will be minimally limited or eliminated, so that these Terms shall otherwise remain in full force and effect and enforceable.

The failure of Jobaround Athletes to enforce these Terms does not mean that Jobaround Athletes has forfeited any right in these Terms.
Excluding applicable Order Forms, you agree that these Terms replace and cancel all previous written and oral agreements relating to Services.
You agree there is no third-party beneficiaries intended under these Terms.