1. 1.
Terms of Conditions and Use
1.1.
Users use MyWork.show (MW) when they open the
site, read the content, log onto the site, interact with the content, click on the
site, participate on MW, are associated with MW, provide information to MW (whether
personal or otherwise),
use MW information or methodologies, associate with anyone on MW and
benefit or could potentially benefit from interaction with MW. In short, if you
have seen MW and interacted with MW, you are a user. The onus of proof is on
the user to prove otherwise.
1.2.
MyWork.Show (Pty) Ltd. (MW) seeks to assist
geographically and demographically challenged job-seeking individuals by
contributing to the sustainable access to the economy of such individuals. Products
and Services may include Curriculum Vitae, job portfolios, and sponsorships
with or without personal interest.
1.3.
The Terms of Conditions and Use of MW binds all
job-seeking individuals and interested third parties associated with MW and users
agree that these terms and conditions will prevail against any other
conflicting terms and conditions of use.
1.4.
On MW, third parties serve one another directly on
the MW platform. So, all users indemnify MW as a “third party meeting place” in
toto as more fully described below.
2.
Content, products and services
2.1.
The content, products and services on MW seek to
assist job-seeking individuals towards sustainable access to the economy.
2.2.
MW connects third parties to foster economic
sustainable access. Third parties might utilise the services and products of MW
for reasons, motives and goals not known to MW. Therefore MW cannot be held
responsible for the truthfulness or accuracy of the information or the nature
of the relationships between the parties on the MW forum.
2.3.
MW does not accept liability for information or
data on third-party websites or services.
2.4.
Users of MW commit to adhere to the terms and
conditions of the Protection of Personal Information Act 2013 as amended (POPI
Act) and all other compliance legislation in South Africa. The onus to prove
compliance or non-compliance will always be on the user, not ever on MW and the
user agrees to this arrangement.
2.5.
Information is disallowed on MW if it could be
categorised as pornographic, discriminatory, defamatory, offensive, in
violation of privacy, oppressive, racist, hate speech, sexist, against copyright,
malicious, content contravening POPI Act, discriminatory content, untrue or
provocative material based on race, gender, sex, ethnic or social origin,
colour, sexual orientation, pregnancy, marital status age, disability,
religion, conscience, belief, culture, language and birth.
3.
Passwords and Security
3.1.
Users must register first, log in and confirm
permissions.
3.2.
Users are responsible for their login details
and commit to notify MW if login details are compromised.
3.3.
MW will assume that the user does all actions on
login’s.
4.
Privacy in general and electronic communication
The
user permits MW to use your personal information as set out in our Privacy
Policy. Expressly, all users agree and deem the following necessary:
4.1.
MW is a third-party forum where third parties
engage one another for reasons unbeknown to MW. As such, MW is not accountable
for any interaction on the forum.
4.2.
Since MW aims to make information public, all
information provided to MW immediately becomes public knowledge unless
otherwise agreed upon in writing.
4.3.
Job-seekers provide information to MW to make
such information public in the broadest sense possible.
4.4.
Any third parties may, for any reason, engage
with MW to obtain information about job-seekers and other third parties
associated with MW.
4.5.
All users agree that MW may distribute
information for the gain of the user, the job-seeker, the third party and MW in
any monetary or non-monetary way without exception.
4.6.
All users consent to the terms and conditions in
the Electronic Communications Act as amended.
4.7.
All users consent to their information and
personal information being used for marketing and sales, which includes direct
marketing.
5.
Intellectual Property
5.1.
Copyright and intellectual property rights are
retained on all information, material, logos, trademarks, graphics, multimedia
and methodologies. None of the latter list of rights may be copied or used
without the written consent of MW.
5.2.
Use of the rights in 5.1 above may not be
construed or deemed as granting the user any right or license to the list
without prior written consent of MW.
6.
Disclaimer
The products and services on MW are
based on third-party needs and offerings.
None of MW’s governing body and stakeholders, and to be sure, none of
it’s directors, shareholders and employees give or grant warranty or guarantee
on any product or service.
7.
Black Economic Empowerment and Liability in this
regard
7.1.
SMW provides a platform for Black Empowerment
Transactions but SMW is not a party to these transactions.
7.2.
Black Empowerment Score Card holders consult
with their own Black Empowerment Consultants, and Black Empowerment
Verification agencies [i.e. their BEE experts]
7.3.
Black Empowerment Score Card holders contract
directly with third parties who receive value from the. Black Empowerment Score
Card holders – typically for:
7.3.1.
Supplier Development
7.3.2.
Enterprise Development
7.3.3.
and Socio Economic Development
7.4.
All agreements are provided or approved by Black
Empowerment Score Card holders and the recipients of the funds who contract
with one another according to the need articulated by the Black Empowerment
Score Card holders.
7.5.
SMW has no insight into BEE transactions, the
need thereof, the rules of Black Empowerment or the awarding of points on the
Black Empowerment Score Cards and SMW does not in any way determine the details
of the transactions between the parties. The onus is on the Black Empowerment
Score Card Holder to ensure that the supporting paperwork they need and the
execution of their transactions are meaningful to them.
7.6.
SWM accepts no liability for the nature or the
detail of Black Empowerment Transactions and the Black Empowerment Score Card
Holders bare the sole responsibility to draft their supporting paperwork, peruse,
amend, approve and amend same before verification by SANAS approved
verification agencies.
8.
Notices
8.1.
Notices may be sent to mobile numbers and email
addresses.
8.2.
Notices shall be deemed to have been received within
24 hours from sending such notice.
9.
Liability in General
9.1.
MW may not be held liable for any detriment,
damage, injury, loss or expense of any kind as a result of a user using MW or
user relying only of the information or content of MW, which includes:
9.1.1.
Errors of discrepancies in the information
provided;
9.1.2.
Any breakdown or failure of equipment of MW
equipment;
9.1.3.
Or down-time.
9.2.
MW reserves the right to alter, modify, upgrade,
suspend, update or withdraw MW or any part thereof.
9.3.
MW is not liable to the user for content,
access, uploads, posts, emails, bots, the medium, or any other information
transmitted by the user. MWs is not responsible for keeping backups of the user
information.
9.4.
MW is not responsible for the intended outcome
of any user; neither may any user hold MW liable for any intended outcome by
any other third-party user.
10. General
10.1.
MW may amend the terms and conditions of user
engagement, binding on the user. The onus is on the user.
10.2.
Each phrase, sentence, paragraph and clause in
terms of Use are severable from the other, notwithstanding how they may be
linked together or grouped grammatically and if in terms of any judgement or
order any phrase, sentence, paragraph or clause is found to be defective or
unenforceable for any reason the remaining phrases, sentences, paragraphs and
clauses, as the case may be, shall nevertheless be and continue to be of full
force and effect.
10.3.
Should the user breach the terms and conditions,
MW is entitled to suspend user access.
10.4.
The rule of interpretation that a written
agreement shall be interpreted against the party responsible for the drafting
or preparing the agreement shall not apply.
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