TERMS AND CONDITIONS EFFECTIVE 1 JULY
2021
(PLEASE READ OUR WEBSITE(S) TERMS AND CONDITIONS OF
USE BEFORE CONTINUING TO BROWSE OR ORDER / USE SERVICES ON OUR WEBSITE(S).
THE USE OF OUR WEBSITE(S) IS GOVERNED BY THE TERMS
AND CONDITIONS STIPULATED BELOW. BY USING ANY OF OUR WEBSITE(S) YOU AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS, INCLUDING ANY PRIVACY STATEMENTS (WHICH ARE
DEEMED TO BE INCORPORATED IN THE TERMS AND CONDITIONS) THAT APPEAR ON THIS AND/OUR
WEBSITE(S) INCLUDING ANY AMENDMENTS THERETO.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS YOU MUST IMMEDIATELY CEASE BROWSING OUR WEBSITE(S).
This Agreement (“Terms”) sets out the terms and conditions
that govern your use of Ace Job Hub (Pty) Ltd products and services
(such as website services), as well as any other services and/or goods offered
by Ace Job Hub (Pty) Ltd We hope that you find this information helpful.
By agreeing to these Terms, you also consent
to the following policies applicable to, and accessible on, our websites:
- and
such other URLs that we may indicate from time to time (“Website(s)”),
which are incorporated by reference into these Terms: Privacy
Policy, POPI Website Policy, Website Terms of Use, and any other policy as is
made available on our Website(s) from time to time (“Policies”).
- If
your service and/or product is being paid for by a third party (such as a subsidiary/related
company), then you will be bound by all provisions in these Terms
(including payment provisions), however, we may enter into a separate
agreement with the aforesaid to govern payment for the services and/or
goods on your behalf, as well as to govern the receipt of certain
information in relation to your completion of the services and/or goods.
1.
Introduction
1.1 Our website(s)
can be accessed at www.acejobhub.com(the “Website”)
and is owned and operated by Ace Job Hub (Pty)
Ltd (“Ace
Job Hub”, “we”, “us” and “our”).
1.2 These
Website Terms and Conditions (“Terms and Conditions”)
govern the ordering, sale, and delivery of services and/or goods and the use of
our Websites(s).
1.3 These
Terms and Conditions are binding and enforceable against every person that
accesses or uses our Website(s) (“you”, “your” or “user”), including without
limitation each user who registers as contemplated below (“registered user”). By using our Website(s) and by
clicking on the “Register Now/Sign Up” button on our Websites, as may be
applicable, you acknowledge that you have read and agree to be bound by these
Terms and Conditions.
1.4 ACE JOB HUB allows approved third-party service providers to
list and sell their services on our Website(s) (each a “Third Party Seller”). Certain terms in these Terms and
Conditions only apply to purchases from Third Party Sellers, and others only
apply to purchases from ACE JOB HUB.
This will be made clear in the relevant clause(s).
2.
Important Notice
2.1 These
Terms and Conditions apply to users who are consumers for purposes of the
Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 Further,
these Terms and Conditions sets out the Protection of Personal Information Act,
4 of 2013 compliance measures (“POPI”).
2.3 These
Terms and Conditions contain provisions that appear in similar text and style
to this clause and which –
1. may
limit the risk or liability of ACE JOB HUB or a
third party; and/or
2. may
create risk or liability for the user; and/or
3. may
compel the user to indemnify ACE JOB HUB or a
third party; and/or
4. serves
as an acknowledgement, by the user, of a fact.
2.4 Your
attention is drawn to these Terms and Conditions because they are important and
should be carefully noted.
2.5 If there
is any provision in these Terms and Conditions that you do not understand, it
is your responsibility to ask ACE JOB HUB to
explain it to you before you accept the Terms and Conditions or continue using our
Website(s).
2.6 Nothing
in these Terms and Conditions is intended or must be understood to unlawfully
restrict, limit, or avoid any right or obligation, as the case may be, created
for either you or ACE JOB HUB in
terms of the law.
2.7 ACE JOB HUB permits the use of our Website(s) subject to the
Terms and Conditions. BY USING OUR WEBSITE(S) IN ANY WAY, YOU SHALL BE
DEEMED TO HAVE ACCEPTED ALL THE TERMS AND CONDITIONS UNCONDITIONALLY. You
must not use our Website(s) if you do not agree to the Terms and Conditions.
3
Refunds
3.1 This policy applies to the return of goods and/or
services, bought from us, ACE JOB HUB (“ACE JOB HUB”) by you (“the consumer”).
3.2 ACE JOB HUB does
not provide refunds unless in accordance with the applicable legal provisions
and/or instead offers the consumer with credit on his/her account to be used on
any future service requirements as provided for by ACE JOB HUB.
3.3 All refunds are subject to internal Anti-money
laundering protocols.
3.4 All refunds may be subject to incidental costs (e.g.,
bank charges etc), which will be withheld from the refund amount.
3.5 ACE JOB HUB reserves
the right to determine the value of such credit.
3.6 You must ensure that you present your original tax
invoice or other proof of purchase when returning services and/or goods.
3.7 Where the services and/or goods in question are not
defective or where you do not have a statutory right to return goods, ACE JOB HUB may,
in its sole and absolute discretion, elect to accept returns and replace the
services and/or goods in question or refund the consumer. Where ACE JOB HUB does
so, this is done so in good faith. It is not an admission of liability, nor
should it be taken as an acknowledgement that the ACE JOB HUB will
accept similar returns on the same basis in the future.
3.8 ACE JOB HUB is
only bound to accept the return of services and/or goods when it is required to
do so in terms of the relevant law, including in terms of the Consumer Protection
Act 68 of 2008. In any other case,
3.9 ACE JOB HUB:
3.9.1
does
so in its sole and absolute discretion in each instance; and
3.9.2
may,
in its sole and absolute discretion, elect whether to replace the services
and/or goods or refund the consumer.
3.10. Collection or acceptance of refunded/returned
services and/or goods by
ACE JOB HUB, even where the consumer believes it has a statutory
right to return goods, does not constitute acceptance of liability by the ACE JOB HUB.
4 Returns
for unsafe or defective goods.
4.1 If
within 6 months of the delivery of goods to you, you find that the goods are
faulty, not commercially acceptable, or unsuitable for the purpose generally
intended, you may contact us to arrange for the goods to be collected to
ascertain if they are in fact unsafe and/or defective.
4.1.1 If:
4.1.1.1. the
goods are unsafe and/or defective then, without paying a penalty fee and at the
expense of ACE JOB HUB, you may request, at your
choice, that the goods be repaired or replaced or that you be given a refund;
4.1.1.2. the
goods are not found to be unsafe and/or defective then you will be liable for
the costs associated with collecting and inspecting the goods.
4.2 ACE JOB HUB reserves the right to send the returned goods
for technical assessment prior to repairing, replacing, or refunding them.
4.3 If you
choose to repair the goods in question during the 6-month period contemplated
above, such repairs will carry a further warranty of 3 months from the date of
repair.
4.4 In the
event of the goods being unsatisfactorily repaired or if any further failure or
defect is discovered within 3 months from the date of repair, you will be
entitled to request the ACE JOB HUB to
either replace the goods or refund you the money paid for the goods.
4.5 In
relation to the quality or durability of goods, please note that they will not
be considered defective if:
4.5.1 the
consumer has been expressly informed that particular goods were offered in a
specific condition; and
4.5.2 the
consumer has expressly agreed to accept the goods in that condition, or knowingly
acted in a manner consistent with accepting the goods in that condition
4.6 Returns
for goods and/or services purchased as a result of direct marketing
4.6.1 ACE JOB HUB will accept returns of services and/or goods
purchased as a result of direct marketing by ACE JOB HUB,
provided that you notify the ACE JOB HUB of
your intention to return the services and/or goods within 5 business days after
the services and/or goods were delivered to you and you return the services
and/or goods, at your risk and expense, to us within 10 business days from the
date on which the goods were delivered to you.
4.7 ACE JOB HUB will accept returns:
4.7.1 where
you were not given a reasonable opportunity to examine or inspect goods and/or
services prior to delivery and you reject the goods and/or services on the
basis that they are not of the type or quality reasonably contemplated or do
not conform with the agreed specifications in the case of custom-made or
special-order goods;
4.7.2 where
goods and/or services that you ordered have been mixed with goods and/or
services that you did not order (and in this case you may return all of the
goods or only those that differ from what you ordered);
4.7.3 where
the goods and/or services ordered are not suitable for their intended specified
purpose (provided that the specified purpose was communicated to us and we
agreed to supply the goods and/or services on that basis); and
4.7.4 provided
that in all cases the goods are returned to us within 10 business days after
delivery.
4.8 In all
instances relating to the return of goods and/or services, ACE JOB HUB may impose a reasonable charge
4.8.1 the
goods and/or services, are not in their original condition – i.e., damaged
packaging, partially consumed and/or that are not in a saleable condition;
4.8.2 the
goods and/or services, returned in boxes or packaging that have been re-marked,
damaged, or defaced in any way, including price stickers; or
4.8.3 documentation
was received, or work started on a specific service;
4.8.4 the
goods and/or services, have been depleted or consumed in excess of the amount
reasonably necessary to determine that the goods were unacceptable.
4.9 Notwithstanding
the provisions above, no returns will be accepted if:
4.9.1 the
return is prohibited for public health reasons;
4.9.2 where
the consumer had a change of heart;
4.9.3 the
product and/or service was specifically created for the consumer;
4.9.4 any
other public regulation prohibits the return of the goods for whatever reason;
4.9.5 the goods
and/or services, have been altered contrary to ACE JOB HUB’ or the manufacturer’s instructions after
leaving our control
4.9.6 the
goods and/or services, have been partially or entirely disassembled; or
4.9.7 he
goods and/or services, have been permanently installed, affixed, attached, joined,
or added to, blended, or combined with, or embedded within, other goods
5
Conclusion of sales and availability of stock
5.1 Registered
users may place orders for services and/or goods, which ACE JOB HUB or the Third-Party Seller may
accept or reject. Whether or not ACE JOB HUB or
the Third-Party Seller accepts an order depends on the availability of services
and/or goods, correctness of the information relating to the services and/or goods
(including without limitation the price) and receipt of payment or payment
authorisation by ACE JOB HUB for the services
and/or goods.
5.2 NOTE:
ACE JOB HUB or the Third-Party Seller will indicate the
acceptance of your order by delivering the services and/or goods by electronic
means to you or allowing you to collect them by electronic means, and only at
that point will an agreement of sale between you and ACE JOB HUB or the Third-Party Seller come into effect (the
“Sale”). This is regardless of any communication from ACE JOB HUB stating that your order or payment has been
confirmed. ACE JOB HUB will
indicate the rejection of your order (by ACE JOB HUB itself
or the Third-Party Seller) by cancelling it and, as soon as possible
thereafter, crediting the amount to your profile or refunding you for any
amount already paid, where applicable.
5.3 Prior to
delivery or your collection of the services and/or goods, you may cancel an
order at any time provided you do so before receiving a dispatch or delivery
notice. After delivery or your collection of the services and/or Goods, you may
return the services and/or Goods only in accordance with the Returns Policy.
5.4 You
acknowledge that stock of all services and/or goods on offer are limited and
that pricing may change at any time without notice to you. In the case of services
and/or goods for sale by ACE JOB HUB, ACE JOB HUB will take all reasonable efforts to monitor stock
levels and ensure that when stock is no longer available, that offers thereof
are discontinued on our Website(s). However, we cannot guarantee
the availability of stock. When services and/or goods are no longer available
after you have placed an order, ACE JOB HUB will notify you and you will be entitled to a credit, or a refund
of any amount already paid by you for such services and/or Goods.
5.5 In
the case of services and/or Goods for sale by a Third-Party Seller, ACE JOB HUB relies on inventory information supplied by the
relevant Third-Party Seller and ACE JOB HUB accordingly
bears no liability for any inaccuracies in the information supplied to it. Consequently,
should you order any services and/or Goods from a Third-Party Seller which are
in fact sold-out, any resulting dispute should be resolved as set out in these
Terms and Conditions.
5.6 Certain services
and/or Goods may not be purchased for resale. Should we suspect that any such services
and/or Goods are being purchased for sale, we are entitled to cancel your order
immediately on notice to you. If you like to resell our services and/or
products, feel free to contact us.
6
Errors
6.1
The information contained on our website(s) and the
services provided by any employee, subcontractor, agent and/or representative
of ACE JOB HUB is presented “as is”
and may include technical or legislative inaccuracies, typographical errors or
errors pertaining to any applicable industry related requirements. ACE JOB HUB reserves the right to make
additions, deletions, or modifications to the information or to the services
provided at any time without any prior notification.
6.2 We
shall take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges of services and/or Goods on our
Website(s). However, should there be any errors of whatsoever nature on our
Website(s) (which are not due to our gross negligence), we shall not be
liable for any loss, claim or expense relating to a transaction based on any
error, save – in the case of any incorrect price – to the extent of refunding
you for any amount already paid, or otherwise as set out in the Returns
Policy.
6.3 ACE JOB HUB shall not be bound by any incorrect information
regarding our services and/or Goods displayed on any third-party websites.
7
Privacy policy
7.1 We
respect your privacy and will take reasonable measures to protect it in
accordance with POPI.
7.2 All calls
made to a ACE JOB HUB designated
telephone number are recorded for security and quality reasons. The aforesaid
remains subject to our Privacy and POPI policies.
7.3 Should
you decide to register as a user on our Website(s), we may require you to
provide us with personal information which includes but is not limited to –
7.3.1
Your full name and surname;
7.3.2
Company details;
7.3.3
your email address;
7.3.4
your physical address;
7.3.5
your mobile number; and
7.3.6
your Identification and/or Passport number, etc.
7.4 Should
your personal information change, please inform us and provide us with updates
to your personal information as soon as reasonably possible to enable us to
update your personal information.
7.5 You may
choose to provide additional personal information to us, in which event you
agree to provide accurate and current information, and not to impersonate or
misrepresent any person or entity or falsely state or otherwise misrepresent
your affiliation with anyone or anything.
7.6 Subject
to the below and your consent, the purpose of gathering/processing and storing
your personal information is as follows:
7.6.1.
Complete the requisite registration forms in
relation to the services on offer;
7.6.2.
Complete searches on government databases to
confirm and/or complete services on offer;
7.6.3.
To maintain a database of all client provided
information to allow for access during service delivery and to meet our legal
obligations with regards to information retention.
7.6.4.
in relation to the ordering, the sale and delivery
of services and/or Goods;
7.6.5.
to contact you regarding current or new service
and/or Goods or any other service and/or Goods offered by us or any of our
divisions, affiliates and/or partners (if you have Opted In to receive such
communication);
7.6.6.
to inform you of new features, special offers and
promotional competitions offered by us or any of our divisions, affiliates
and/or partners (if you have Opted In to receive such communication); and
7.6.7.
to improve our service and/or Goods selection and
your experience on our Website(s) by, for example, monitoring your browsing
habits or tracking your sales on our Website(s); or
7.6.8.
disclose your personal information to any third
party other than as set out below:
7.6.9.
to our employees and/or third-party service
providers who assist us to interact with you via our Website(s), email, or any
other method, for the ordering of service and/or Goods or when delivering service
and/or Goods to you, and thus need to know your personal information in order
to assist us to communicate with you properly and efficiently;
7.6.10.
to our divisions, affiliates and/or partners
(including their employees and/or third-party service providers) in order for
them to interact directly with you via email or any other method for purposes
of sending you marketing material regarding any current or new service and/or goods,
new features, special offers or promotional items offered by them (if you have
Opted In to receive such communication);
7.6.11.
to law enforcement, government officials, fraud
detection agencies or other third parties when we believe in good faith that
the disclosure of personal information is necessary to prevent physical harm or
financial loss, to report or support the investigation into suspected illegal
activity, or to investigate violations of these Terms and Conditions;
7.6.12.
to our service providers (under contract with us)
who help with parts of our business operations (fraud prevention, marketing,
specialised services, technology services etc). However, our contracts dictate
that these service providers may only use your information in connection with
the services they perform for us and not for their own benefit;
7.6.13.
to our suppliers in order for them to liaise
directly with you regarding any defective service and/or Goods you have
purchased which requires their involvement; and
7.6.14.
to any Third-Party Seller for purposes of sending
you an invoice for any service and/or Goods purchased from such Third-Party
Seller.
7.7 We are
entitled to use or disclose your personal information if such use or disclosure
is required in order to comply with any applicable law, subpoena, an order
of the court or legal process served on us, or to protect and defend our rights
or property. In the event of fraudulent online payment, ACE JOB HUB is entitled to disclose relevant
personal information for criminal investigation purposes or in line with any
other legal obligation for disclosure of the personal information which may be
required of it.
7.8 We will
ensure that all our employees, third-party service providers, divisions, affiliates,
and partners (including their 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.
7.9 Ratings
and Reviews: When
you provide a rating, testimonial, or review of a service and/or Goods, you
consent to us using the rating, testimonial, or review as we deem fit,
including without limitation on our Website(s), in newsletters or other
marketing material. The details that will appear next to that rating or review
is your First Name and Last Name, your Service / Goods, and Date of rating /
review / testimonial. If you do not agree to this, please inform us immediately
or alternatively kindly do not put any ratings or reviews on our Website(s).
Notwithstanding, we encourage all clients to submit their reviews and ratings
regarding our services as without feedback we will not be able to meet the
constant changing client needs. Kindly note, that we will not display any of
your contact details, with a rating or review.
7.10
We will –
7.10.1
treat your personal information as strictly
confidential, save where we are entitled to share it as set out in this policy;
7.10.2
take appropriate technical and organisational
measures to ensure that your personal information is kept secure and is
protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access;
7.10.3
provide you with access to your personal
information to view and/or update personal details;
7.10.4
promptly notify you if we become aware of any unauthorised
use, disclosure, or processing of your personal information;
7.10.5
provide you with reasonable evidence of our
compliance with our obligations under this policy on reasonable notice and
request; and
7.10.6
upon your request, promptly return or destroy any
and all of your personal information in our possession or control, save for
that which we are legally obliged to retain.
7.11 We will
not retain your personal information longer than the period for which it was
originally needed, unless we are required by law to do so, or you consent to us
retaining such information for a longer period.
7.12 ACE JOB HUB undertakes never to sell or make your personal
information available to any third party other than as provided for in this
policy.
7.13 Whilst
we will do all things reasonably necessary to protect your rights of privacy,
we cannot guarantee or accept any liability whatsoever for unauthorised or
unlawful disclosures of your personal information, whilst in our possession,
made by third parties who are not subject to our control, unless such
disclosure is as a result of our gross negligence.
7.14 If
you disclose your personal information to a third party, such as an entity
which operates a website or service linked to our
Website(s) or anyone other than ACE JOB
HUB, ACE JOB HUB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING,
SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD
PARTY. This is because we do not regulate or control how that third party uses your
personal information. You should always ensure that you read the privacy policy
of any third party.
8
Changes to these Terms and Conditions
8.1 ACE JOB HUB may, in its sole discretion, change any of these
Terms and Conditions at any time. It is your responsibility to regularly check
these Terms and Conditions and make sure that you are satisfied with the
changes. Should you not be satisfied, you must not place any further orders on,
or in any other way use, our Website(s).
8.2 Any such
change will only apply to your use of our Website(s) AFTER the change is
displayed on our Website(s). If you use our Website(s) after such amended Terms
and Conditions have been displayed on our Website(s), you will be deemed to
have read and accepted such changes.
9
Electronic communications
9.1 When you
visit our Website(s) or send emails to us, you will be requested to provided
consent to receive communications from us or any of our divisions, affiliates,
or partners electronically in accordance with our privacy policy.
9.2 Consent
can be revoked at any time by providing us with written notice, further;
9.3 The
“unsubscribe” feature on our communication can be utilised.
10
Ownership and copyright
10.1
The contents of the Website(s) and/or, including
any material, information, data, software, icons, text, graphics, layouts,
images, sound clips, advertisements, video clips, trade names, logos, trademarks,
designs, and service marks which are displayed on or incorporated in our
Website(s) and/or (“Website Content”) are protected by
law, including but not limited to copyright and trademark law. our Website(s) Content
is the property of ACE JOB HUB, its
advertisers and/or sponsors and/or is licensed to ACE
JOB HUB.
10.2
You will not acquire any right, title, or interest
in or to our Website(s) or our Website(s) Content.
10.3
Any use, distribution or reproduction of our
Website(s) Content is prohibited unless expressly authorised in terms of these
Terms and Conditions or otherwise provided for in law.
10.4
Where any of our Website(s) Content has been
licensed to ACE JOB HUB or belongs to
any third party, your rights of use will also be subject to any terms and
conditions which that licensor or third party imposes from time to time, and
you agree to comply with such third-party terms and conditions.
11
Disclaimer
11.1
The use of our Website(s) is entirely at your own
risk and you assume full responsibility for any risk or loss resulting from use
of our Website(s) or reliance on any information on our
Website(s).
11.2
Whilst ACE JOB HUB takes
reasonable measures to ensure that the content of our Website(s) is accurate
and complete, ACE JOB HUB makes no
representations or warranties, whether express or implied, as to the quality,
timeliness, operation, integrity, availability, or functionality of our
Website(s) or as to the accuracy, completeness, or reliability of any
information on our Website(s). If any such representations or warranties are
made by ACE JOB HUB representatives, ACE JOB HUB shall not be bound thereby.
11.3
ACE JOB HUB rejects
liability for any damage, loss, or expenses, whether direct, indirect, or
consequential in nature, arising out of or in connection with your access to or
use of our Website(s) and/or any content therein unless otherwise
provided by law.
11.4
Any views or statements made or expressed on our
Website(s) are not necessarily the views of ACE
JOB HUB, its directors, employees and/or agents.
11.5
The views, opinions, discussions, recommendations,
comments, teachings, findings, advice, criticism and/or any actions taken
relating to the purchase, transfer of any of the above related services and/or
products are those of ACE JOB HUB only
and do not reflect nor do they represent that any official legislation,
regulations, policies, or positions are fully complied with.
11.6
Although ACE JOB HUB,
its employee, subcontractors, agent and/or representatives always strive to
provide information on the background, procedures, advantages, and the
responsibilities of the various parties involved relating to this service, we
do not warrant the accuracy, effectiveness, and regulatory compliance of any
service and/or product provided by ACE JOB HUB has
provided, is in the process of providing or will provide in the future.
11.7
In addition to the disclaimers contained elsewhere
in these Terms and Conditions, ACE JOB HUB also
makes no warranty or representation, whether express or implied, that the
information or files available on our Website(s) are free of viruses, spyware,
malware, trojans, destructive materials or any other data or code which is able
to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or
otherwise impede in any manner the operation, stability, security functionality
or content of your computer system, computer network, hardware or software in
any way. You accept all risk associated with the existence of such viruses,
destructive materials or any other data or code which is able to corrupt,
compromise, jeopardise, disrupt, disable, harm, or otherwise impede in any
manner the operation or content of a computer system, computer network, any
handset or mobile device, or your hardware or software, save where such risks
arise due to the gross negligence or wilful misconduct of ACE JOB HUB, its employees, agents, or
authorised representatives. ACE JOB HUB thus disclaims all liability for any damage, loss or liability of
any nature whatsoever arising out of or in connection with your access to or
use of our Website(s).
12
Linking to third party websites
12.1
Our Website(s) may contain links or references to
other websites (“Third Party Websites”) which are
outside of our control, including those of advertisers. These Terms and
Conditions do not apply to those Third-Party Websites and ACE JOB HUB is not responsible for the
practices and/or privacy policies of those Third-Party Websites or the
“cookies” that those sites may use.
12.2
Notwithstanding the fact that our
Website(s) may refer to or provide links to Third Party Websites, your use of
such Third-Party Websites is entirely at your own risk and we are not
responsible for any loss, expense, claim or damage, whether direct, indirect,
or consequential, arising from your use of such Third-Party Websites or your
reliance on any information contained therein.
13
Limitation of liability
13.1
ACE JOB HUB cannot
be held liable for any inaccurate information published on our
Website(s) and/or any incorrect prices displayed on our Website(s), save where such liability arises from the gross negligence or wilful
misconduct of ACE JOB HUB, its employees, agents, or authorised representatives. You are
encouraged to contact us to report any possible malfunctions or errors.
13.2
ACE JOB HUB SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, OUR
WEBSITE(S) OR THE CONTENT CONTAINED IN OUR WEBSITE(S); OR YOUR INABILITY TO USE OUR WEBSITE(S), AND/OR UNLAWFUL ACTIVITY ON OUR WEBSITE(S) AND/OR ANY LINKED THIRD-PARTY WEBSITE.
13.3
YOU HEREBY INDEMNIFY ACE JOB HUB AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE
SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF OUR
WEBSITE(S) AND/OR ANY LINKED THIRD-PARTY WEBSITE.
13.4
YOU HEREBY INDEMNIFY ACE JOB HUB AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE
SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF
CONSULTATIONS OFFERED BY ACE JOB HUB BEING
IT TELEPHONIC, FACE TO FACE OR PER ELECTRONIC COMMUNICATION.
14
Availability and termination
14.1
We will use reasonable endeavours to maintain the
availability of our Website(s), except during scheduled maintenance periods,
and are entitled to discontinue providing our Website(s) or any part thereof
with or without notice to you.
14.2
ACE JOB HUB may
in its sole discretion terminate, suspend, and modify our
Website(s), with or without notice to you. You agree that ACE JOB HUB will not be liable to you in
the event that it chooses to suspend, modify, or terminate our
Website(s) other than for processing any orders made by you prior to such
time, to the extent possible.
14.3
If you fail to comply with your obligations under
these Terms and Conditions, including any incident involving payment of the
price of an order for any Goods and/or Services, this may (in our sole
discretion with or without notice to you) lead to a suspension and/or
termination of your access to our Website(s) without any prejudice to any
claims for damages or otherwise that we may have against you.
14.4
ACE JOB HUB is
entitled, for purposes of preventing suspected fraud and/or where it suspects
that you are abusing our Website(s), to blacklist you on its
database (including suspending or terminating your access to our
Website(s)), refuse to accept or process payment on any order, and/or to
cancel any order concluded between you and ACE
JOB HUB, in whole or in part, on notice to you. ACE JOB HUB shall only be liable to refund
monies already paid by you (see ACE JOB HUB Returns Policy in this regard) and accepts no other liability
which may arise as a result of such blacklisting and/or refusal to process any
order.
14.5
At any time, you can choose to stop using our
Website(s), with notice to ACE JOB HUB.
15
Governing law and jurisdiction
15.1
These Terms and Conditions and our relationship
and/or any dispute arising from or in connection with these Terms and
Conditions shall be governed and interpreted in accordance with the laws of the
Republic of South Africa. Your continued use of our Website(s) will constitute
your consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications, or the like instituted
by either party against the other, arising from any of these Terms and
Conditions.
15.2
IN THE EVENT OF ANY DISPUTE ARISING BETWEEN YOU AND
ACE JOB HUB, BY YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE REGIONAL
COURT, BELLVILLE, CAPE TOWN OF THE REPUBLIC OF SOUTH AFRICA NOTWITHSTANDING
THAT THE QUANTUM IN THE ACTION OR PROCEEDINGS MAY OTHERWISE FALL BELOW THE
MONETARY JURISDICTION OF THAT COURT.
15.3
Nothing in this clause or the Terms and Conditions
limits your right to approach any court, tribunal, or forum of competent
jurisdiction.
16
Notices
16.1
ACE JOB HUB hereby
selects:
78a
Fairybell Ave, Geelhoutpark Ext 6, Rustenburg, South Africa
as its address for the service of all formal
notices and legal processes in connection with these Terms and Conditions
(“legal address”). ACE JOB HUB may change
this address from time to time by updating these Terms and Conditions.
16.2
You hereby select the delivery address specified
with your order as your legal address, but you may change it to any other
physical address by giving ACE JOB HUB not
less than 7 days’ notice in writing.
16.3
Notices must be sent either by hand, prepaid
registered post, or email and must be in English. All notices sent –
16.3.1
by hand will be deemed to have been received on the
date of delivery;
16.3.2
by prepaid registered post, will be deemed to have
been received when we sign acknowledge of such registered delivery notice.
16.3.3
by email will be deemed to have been on the date
indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS
BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to
serve as proof that an email has been received.
17
Information
17.1 For the
purposes of the ECT Act, ACE JOB HUB
information is as follows, which should be read in conjunction with its product
descriptions and other terms and conditions contained on our Website(s):
17.1.1
Full name: ACE JOB HUB,
a private company registered in South Africa with registration number 2021/690124/07.
17.1.2
Main business: Online Marketplace
17.1.3
The physical address for receipt of legal service
(also postal):
78a Fairybell Ave, Geelhoutpark Ext 6, Rustenburg,
South Africa
17.1.4
Office bearers: Patrick Kgaswe
17.1.5
Phone number: 014 523 3677
17.1.6
Email address: info@acejobhub.com
17.1.7
PAIA: The manual published in terms of section 51 of
the Promotion of Access to Information Act 2000 may be downloaded from our
website.
18
General
18.1 ACE JOB HUB may, in its sole discretion, at any time and for
any reason and without prior written notice, suspend or terminate the operation
of our Website(s) or the user’s right to use our Website(s) or any of its
contents subject to us processing any orders then already made by you.
18.1.1
You may not cede, assign, or otherwise transfer
your rights and obligations in terms of these Terms and Conditions to any third
party.
18.1.2
Any failure on the part of you or ACE JOB HUB to enforce any right in terms
hereof shall not constitute a waiver of that right.
18.1.3
If any term or condition contained herein is
declared invalid, the remaining terms and conditions will remain in full force
and effect.
18.1.4
No variation, addition, deletion, or agreed
cancellation of the Terms and Conditions will be of any force or effect unless
in writing and accepted by or on behalf of the parties hereto.
18.1.5
No indulgence, extension of time, relaxation, or
latitude which any party may show grant or allow to the other shall constitute
a waiver by the grantor of any of the grantor’s rights and the grantor shall
not thereby be prejudiced or stopped from exercising any of its rights against
the grantee which may have arisen in the past or which might arise in the
future.
18.1.6
These Terms and Conditions contain the whole
agreement between you and ACE JOB HUB’,
and no other warranty or undertaking is valid unless contained in this document
between the parties.
18.1.7
In the event that you need to contact ACE JOB HUB for purposes related to these
Terms and Conditions, please use the following: Email: info@acejobhub.com
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