These Terms and Conditions of use govern the access or use by the Employer and the Employee (“the Parties”) of MR EMPLOY Services made available and owned by THE COMPANY. THE COMPANY provides a technology platform whereby THE COMPANY acts as a conduit between the Parties. THE COMPANY affords the Employers the ability to find Employees by matching the Parties and asking both the Parties to like each other. THE COMPANY affords the Employee the ability to find employment with a suitable Employer.
Only if both the Parties like each other is a connection made and as a result the Employer will be responsible for the payment of that connection. Once the connection has been made contact details of both the Parties will be shared with each other. The Parties also have the option by making a payment to boost his/her/their/its’ profile that the other party will see. The connections and boost options are sold to the Parties by THE COMPANY via MR EMPLOY Services. The Employee has an option at the matching stage to make payment to THE COMPANY via MR EMPLOY Services to see further information otherwise not shown relating to the job posted i.e. actual Employer’s name and further location details.
This means that in addition to the Parties’ contractual obligations to THE COMPANY relating to the use it provides through MR EMPLOY Services, the Parties will have a further obligation to each other, to provide true and accurate information.
These Terms and Conditions are a valid and binding agreement between THE COMPANY and the Parties (“Agreement”) and the Parties acknowledge and understand that by accessing and using MR EMPLOY Services, the Parties agree to these Terms and Conditions.
These Terms and Conditions further govern the Parties’ access and use of MR EMPLOY Services.
By using MR EMPLOY Services the Parties signify their, its’, his or her agreement to these Terms and Conditions.
THE COMPANY may change any of these Terms and Conditions from time to time. Therefore, the Parties should keep up-to-date with the Terms and Condition’s content and read these Terms and Conditions at all times prior to using MR EMPLOY Services as the current version of the Terms and Conditions will apply to the Parties use. By accessing MR EMPLOY Services and using any of MR EMPLOY Services, the Parties agree that they, he, she, it has read the Terms and Conditions and agrees to be bound thereto.
1. INTERPRETATION AND PRELIMINARY
The headings of the clauses in this Agreement are for the purposes of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention clearly appears:
1.1.1. any one gender includes the other two genders;
1.1.2. the singular includes the plural and vice versa; and
1.1.3. natural persons include created entities (incorporated or unincorporated, juristic or not) and the state and vice versa.
1.2. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings namely:
1.2.1. “Acquiring Bank” means the bank identified by THE COMPANY that will process purchases from the Parties;
1.2.2. “Agreement” shall mean this written document together with all amendments to it from time to time;
1.2.3. “Employee” means in a general sense and includes any Employee who is utilising MR EMPLOY Services and/or has agreed to the Terms and Conditions;
1.2.4. “Employer” means in a general sense and includes any Employer who is utilising MR EMPLOY Services and/or has agreed to the Terms and Conditions;
1.2.5. “Commencement Date” means the date of filing in the Parties new profile (I’m new);
1.2.6. “THE COMPANY” means All Employment Agency (Pty) Ltd, a proprietary limited company established in the Republic of South Africa, whose offices are situated at First Floor, 11 Crescent Drive, Melrose Arch, registered under registration number 2016/328638/07, and is the supplier of MR EMPLOY Services;
1.2.7. “Intellectual Property” means all present and future rights in, on or through MR EMPLOY Services whether protected by means of statute or common law, including but not limited to patents, models, brands, names, trade names, designs, technical specifications, methodologies, processes, designs, know-how, strategy, prices, projects, trademarks, formulae, business system, client/supplier details, trade dress, trade secrets, confidential information, copyright, graphics, icons, hyperlinks and goodwill (whether registered or unregistered including applications for and rights to obtain or use same) which THE COMPANY own;
1.2.8. “Profile” means the profile that is set up on MR EMPLOY Services, which the Employer and the Employee sets out on the technology platform offered by THE COMPANY;
1.2.9. “MR EMPLOY SERVICES” means those services, applications, websites, content and Intellectual Property rights made available by THE COMPANY;
1.2.10. “Notice” means a written document;
1.2.11. “Parties” means the Employer and the Employee and includes a reference to either one of them, as the context may require;
1.2.12. “Terms and Conditions” means these terms and conditions, as amended from time to time;
1.2.13. “trademarks” means those trademarks THE COMPANY owns and any other trademarks, designs, logos, style names, tag lines and slogans which THE COMPANY owns or has the right to use or any derivative service offerings of, and applications for, any of same;
1.2.14. “Transaction” means the following:
126.96.36.199 The Employer will either sign in (I’m new) or Login to MR EMPLOY Services;
188.8.131.52 The Employer fills in his/her/its’ Profile Information and Post a job/s;
184.108.40.206 The Employer will have the option to purchase a connection or connection bundles, which will be utilised for connections set out by MR EMPLOY Services;
220.127.116.11 The Employer will view Matches set out by MR EMPLOY Services, based on information provided by the Parties;
18.104.22.168 The Employer will be able to view Employees that have liked the Employer; and view Employees who Employer has liked;
22.214.171.124 The Employer will be able to view connections made by making payment/ or a credit deducted from the Employer’s bundle of connections on MR EMPLOY Services (Payment / or a credit deduction is made, once the Parties both like each other, irrespective of who has liked the other first); and
126.96.36.199 Boost Employer profile by making payment on MR EMPLOY Services.
188.8.131.52 The Employee will either sign in (I’m new) or Login to MR EMPLOY Services;
184.108.40.206 The Employee fills in his/her/its’ Profile Information and Post his/her job preference;
220.127.116.11 The Employee will view Matches set out by MR EMPLOY Services, based on information provided by the Parties;
18.104.22.168 The Employee will have the option by making payment to view further details in regards to the job matched (Optional);
22.214.171.124 The Employee will be able to view Employers that have liked the Employee; and view Employers who Employee has liked;
126.96.36.199 The Employee will be able to view Connections, once the Employer has made payment on MR EMPLOY Services; and
188.8.131.52 Boost Employee profile by making payment on MR EMPLOY Services.
1.2.15. “THE COMPANY’S Marks” means THE COMPANY’S tradenames, logos and trademarks.
1.3. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
1.4. Technical terms not defined in this Agreement shall bear the common and accepted meanings conferred upon such terms in the information technology industry in the Republic of South Africa;
1.5. Expressions defined in this Agreement shall bear the same meanings in the annexures to this Agreement which do not themselves contain their own definitions.
1.6. Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
1.7. When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
1.8. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
1.9. The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.
2.1. The Agreement shall commence with effect from the Commencement Date.
2.2. The Agreement will continue in force (subject to the provisions as to termination hereinafter contained) on a month to month basis and shall be terminable by Notice given by either Party to the other to such effect.
3.1. Employer – THE COMPANY may facilitate the Employer by firstly matching the Job posted by Employer to various Employees and thereafter should the Employee and Employer like each other, a connection is made, and after Employer makes payment to receive further information in regards to this Employee connection, will Employer receive further contact information in regards to the Employee. THE Company also offers the Employer a boosting option. This boosting option will boost the Employer in terms of the Employee, seeing the Employer more favourably on MR Employer Services.
3.2. Employee – THE COMPANY may facilitate the Employee by firstly matching the Job posted by Employee to various Employers and thereafter should the Employee and Employer like each other, a connection is made, and after Employer makes payment to receive further information in regards to this Employee connection, will Employee receive further contact information in regards to the Employer. THE Company also offers the Employee a boosting option. This boosting option will boost the Employee in terms of the Employer, seeing the Employee more favourably on MR Employer Services.
3.3. THE COMPANY will through a third party provider provide a payment portal for the Employer to make payment in regards to Connections and Boosting options and for the Employee to make payment at the Matching Stage to get further information in regards to Employer and for Boosting options offered by THE COMPANY through MR EMPLOY Services.
3.4. THE COMPANY shall be entitled at its sole and absolute discretion to remove or amend what has been set out by the Parties for any reason whatsoever without any prior Notice to the Parties.
3.5. THE COMPANY shall assign MR EMPLOY Services, by the Parties setting out the Parties E-mail address and Password.
3.6. For each purchase of the Connections and/or the boosting for Employer and the boosting and matching information for Employee a third party provider contracted with THE COMPANY will:
3.6.1. authenticate the Parties’ credit/debit card information;
3.6.2. verify whether, at the time of the purchase, the Parties’ account has sufficient credit/funds available to cover the purchase;
3.6.3. initiate the transfer of funds through the Acquiring Bank in the amount of the purchase;
3.7. If the Acquiring Bank notifies THE COMPANY of a problem with the Parties’ credit card account, including without limitation inadequate or terminated credit, then THE COMPANY shall refuse to process such order.
3.8. THE COMPANY shall act as a conduit between the Parties.
3.9. This clause sets forth all of THE COMPANY’s obligations with respect to MR EMPLOY Services offered to the Parties.
3.10. Any of MR EMPLOY Services described herein may be supplemented or modified by THE COMPANY at is sole and absolute discretion without affording the Parties any Notice. In this regard, the Parties agree to provide THE COMPANY with such additional information as THE COMPANY may reasonably request and to otherwise co-operate with THE COMPANY in implementing such supplemented or modified MR EMPLOY Services.
3.11. THE PARTIES ACKNOWLEDGE THAT ALTHOUGH THE COMPANY DOES PROVIDE MR EMPLOY SERVICES FOR THE PARTIES TO UTILISE. THE COMPANY DOES NOT UNDERTAKE THAT MR EMPLOY SERVICES WILL WORK, OR THAT EMPLOYER/EMPLOYEE WILL BE SUITABLE. MR EMPLOY SERVICES ARE NOT GUARANTEED BY THE COMPANY AND THE PARTIES UTILISE THESE MR EMPLOY SERVICES AT THEIR OWN RISK.
4. OPERATIONAL USE PROCEDURES AND REQUIREMENTS
4.1. Establishing a Profile
4.1.1. THE COMPANY has arranged a bank account with an Acquiring Bank, pursuant to which the Parties authorize THE COMPANY to process credit/debit card transactions made on the Parties behalf. All credit/debit card authorization services, collection of payments, refunds and settlements will be governed by the terms and conditions of THE COMPANY’s separate agreement with the Acquiring Bank, which Acquiring Bank agreement’s terms and conditions, the Parties accepts and agree to be bound thereto. A copy of the salient terms can be requested from THE COMPANY for either of the Parties’ information purposes.
4.1.2. The Parties shall provide such material and information as may be required by THE COMPANY. The Parties must register for and maintain his/her/its’ Profile (“Profile”). The Parties must be at least 18 years of age, or the age of legal majority in the Parties jurisdiction (if different than 18 years of age). The Profile registration requires the Parties to submit certain personal information, including but not limited to the Parties name, address, mobile/phone number and the Parties’ Credit/Debit Card Details (excluding CCV). The Parties agree to maintain accurate, complete, and up-to-date information inhis/her/its’ Profile. The Parties’ failure to maintain accurate, complete, and up-to-date Profile information, may result in the Parties not being connected effectively.
4.1.3. The Parties agree that the following actions shall be material breaches of this Agreement:
– signing in as, or pretending to be, another party and/or THE COMPANY;
– setting out inaccurate information;
– transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others;
– using THE COMPANY in a way that is intended to harm, or could result in harm to THE COMPANY and/or could result in harm to other Parties and/or the Parties;
– gathering information about other Parties and/or the Parties, without obtaining the other Parties and/or the Parties prior written consent.
4.1.4. The Parties are responsible for all transactions that occur under their Profile, and the Parties agree to maintain the security and secrecy of their Profile username and password at all times. The Parties agree that any use of their Profile username and password shall be regarded as if the Parties were the person using the Profile.
5. PROFILE, EMPLOYER JOB DESCRIPTION, EMPLOYEE JOB POSTS, MATCHES, CONNECTIONS & BOOSTING
5.1. The Parties will be required to fill in his, her, its’ Profile;
5.2. The Parties shall load onto the MR EMPLOY Services all relevant details;
5.3. The Employer will set out the Job description/s of Employees that Employer would like to find;
5.4. The Employee will set out his, her, its’ Job Post;
5.5. The MR EMPLOY Services will thereafter Match the Employer Job description set out with Employee Job posted; Once the Employer has liked an Employee & the Employee has liked an Employer, a Connection is made irrespective of who has liked the other first. To see the Parties details, i.e. to call, E-mail and/or Message the Parties, the Employer will have the option to make payment of the Connection fee;
5.6. The Employee will further have the option by making payment to view further details in regards to the job matched;
5.7. The Parties also has a further option to boost their Profile and to be seen higher than other employers/employees by making payment of the Boosting fee.
6.1. In consideration for THE COMPANY providing MR EMPLOY Services to the Parties and for affording the Parties the ability to utilise MR EMPLOY Services, the Employer shall have the option to pay to THE COMPANY the Connection fee and Boosting fee as set out in MR EMPLOY Services, and the Employee shall have the option to pay to THE COMPANY for further details in regards job matched and Boosting fee as set out in MR EMPLOY Services
6.2. THE COMPANY shall deduct from the Employer for Connections and Boosting utilised, as and when requested by the Employer.
6.3. THE COMPANY shall deduct from the Employee for further details in regards job matched and Boosting utilised, as and when requested by the Employee.
6.4. Save insofar as otherwise expressly provided all amounts stated in this Agreement are expressed exclusive of VAT and any VAT arising in respect of any amounts payable by the Parties under this Agreement shall be paid to THE COMPANY by the Parties.
6.5. Employer – will make the following optional payment as follows:
|1. Connections||1 connection
|2. Boosting||48 hours
6.6. Employee – will make the following optional payment as follows:
|2. Viewing additional Information in regards to Employer at Matching Stage, such as area and type of employment||1 month
|2. Boosting||48 hours
Payments will be inclusive of applicable taxes where required by law. Payments paid by the Parties are final and non-refundable, unless otherwise determined by THE COMPANY.
THE COMPANY may from time to time provide certain of the Parties with promotional offers, discounts and complimentary services that may result in different amounts paid for the same or similar services obtained through the use of MR EMPLOY Services, and the Parties agree that such promotional offers, discounts and complimentary services may be withdrawn at the sole discretion of THE COMPANY at any time, and the Parties accept that the withdrawal may take place at any time and without any notice to the Parties.
THE COMPANY’s payment process will provide the Parties with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting payment. Please make sure that the payment details are correct before submitting the payment, since after payment has been made the payment cannot be rectified and the payment cannot be reversed.
If payments made by the Parties in regards to the Payments are not be claimed within 90 (ninety) days by the Parties, then these payments will be utilised by THE COMPANY to defray expenses.
THE COMPANY cannot be held liable for any changes, errors or omissions, including but not limited to payments made.
The Parties will comply with all the tax requirements of the Parties’ particular country, and the Parties indemnify THE COMPANY in regards to any liability that the Parties have in regards to the tax requirements of the Parties’ particular country. If the Parties are VAT registered, the Parties agree to comply with all the necessary legal, regulatory and tax requirements in this regard.
7. TEXT MESSAGING
By creating a Profile, the Parties agree that MR EMPLOY Services may send the Parties informational text (“SMS”) messages or mail as part of the normal business operation of the Parties use of MR EMPLOY Services.
8. PROMOTIONAL CODES/VOUCHERS
THE COMPANY may, at THE COMPANY’s sole discretion, create promotional codes/vouchers that may be redeemed for the Parties credit, or other features or benefits related to MR EMPLOY Services, subject to any additional terms that THE COMPANY establishes on a per promotional code/voucher basis (“Promo Codes” “Voucher Codes”). The Parties agree that Promo Codes/Voucher Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by THE COMPANY; (iii) may be disabled by THE COMPANY at any time for any reason without liability to THE COMPANY; (iv) may only be used pursuant to the specific terms that THE COMPANY establishes for such Promo Codes/Voucher Codes; (v) are not valid for cash; and (vi) may expire prior to the Parties use. THE COMPANY reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes/Voucher Codes by the Parties or any other third party user in the event that THE COMPANY determines or believes that the use or redemption of the Promo Codes/Voucher Codes was in error, fraudulent, illegal, or in violation of the applicable Promo Codes/Voucher Codes terms or these Terms.
9.1. The Parties acknowledge that:
9.1.1. upon the conclusion of a Connection utilising the MR EMPLOY Services, a Connection between the Parties shall come into effect;
9.1.2. the Employee was introduced to the Employer by MR EMPLOY Services, and the Employer will not in any way whether directly, indirectly, through a third party or in any way whatsoever transact with the Employee directly by bypassing THE COMPANY, unless The Employer has made payment for the Connection to THE COMPANY on MR EMPLOY Services. The Employer agrees that by not making payment of a Connection fee to THE COMPANY, that this non-payment will be seen as a material breach of the Agreement, and THE COMPANY will have right to immediately terminate the Agreement without any Notice required to be given by THE COMPANY to the Employer and the Employer agrees that as a result of THE COMPANY suffering damages due to the Employer’s material breach, that THE COMPANY may elect to further claim Damages and Legal Fees that THE COMPANY would have earned in regards to the appointment of the Employee at an agreed rate of 10% of the Employee’s remuneration for 12 months.
9.1.3. THE COMPANY brings the Parties together, but is not employed or an agent of either party, further THE COMPANY is in no way liable to either party in regards to the profile information set out and/or accurateness and reliability of the information set out. THE COMPANY does not verify any information set out by either party.
10. RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. Advertising & Publicity
10.1.1. The Parties may use THE COMPANY’S Marks for advertising and publicity in conjunction with the offering of MR EMPLOY Services. THE COMPANY’S Marks may not be used to imply that THE COMPANY endorses, sponsors, certifies, or approves the Parties.
10.1.2. The Parties grants to THE COMPANY a non-exclusive right and license to use the Parties’ name and the Parties’ trade names, trademarks and service marks in advertising for and publicity about the Parties, without the Parties’ prior approval.
10.2. Criminal Check
10.2.1 The Parties agree that THE COMPANY will be entitled to conclude a Criminal Check on the Parties at any time and for the duration of this Agreement.
10.2.2 The Parties further agree that it is in THE COMPANY’s sole discretion as to whether it wishes to continue this Agreement with the Parties or not.
10.3.1 The Parties agree to not provide content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by THE COMPANY in its sole discretion.
10.3.2 THE COMPANY may, but shall not be obligated to, review, monitor, remove content and/or remove the Parties, at THE COMPANY’s sole discretion and at any time and for any reason, without notice to the Parties.
In using the MR EMPLOY Services the Parties agree not to infect MR EMPLOY Services with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information in regards to MR EMPLOY Services and the Parties indemnify THE COMPANY for any damage caused by any such act attributable to the Parties.
10.5.1 THE COMPANY may, in THE COMPANY’s sole discretion, permit the Parties from time to time to submit, upload, publish or otherwise make available to THE COMPANY through the MR EMPLOY Services textual, audio, and/or visual content and information, including commentary and feedback related to the MR EMPLOY Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by the Parties remains the Parties property. However, by providing User Content to MR EMPLOY and/or THE COMPANY, the Parties grant THE COMPANY a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with MR EMPLOY Services and/or THE COMPANY’s business and on third-party sites and services), without further notice to or consent from the Parties, and without the requirement of payment to the Parties or any other person or entity.
10.5.2 The Parties represent and warrant that: (i) the Parties either are the sole and exclusive owner of all User Content or the Parties have all rights, licenses, consents and releases necessary to grant THE COMPANY the license to the User Content as set forth above; and (ii) neither the User Content nor the Parties submission, uploading, publishing or otherwise making available of such User Content nor THE COMPANY’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10.6. Security policy
10.6.1 THE COMPANY will endeavour to ensure that sensitive payment information (such as credit card details) provided to THE COMPANY are suitably protected. For such purposes THE COMPANY will implement reasonable security measures to protect such information. However THE COMPANY does not guarantee the absolute security of any information the Parties transmits to THE COMPANY or Paygate or that the information that is transmitted to the Parties and disclaims any liability arising in connection with any unauthorised disclosure of such information.
10.6.2 If the Parties receive an unsolicited e-mail that appears to be from THE COMPANY and that requests the Parties to provide personal information (such as credit card number, user name, password or CVV), or that asks the Parties to verify or confirm THE COMPANY information or any personal information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”
10.6.3 THE COMPANY will never ask for this type of information in an e-mail, and THE COMPANY strongly recommends that the Parties do not respond to these e-mails and that the Parties do not click on the link. Responding to “phishing” places the Parties and the Parties personal information at risk. THE COMPANY cannot be responsible for any consequences resulting from the Parties response to any email sent by a “phisher” or a “spoofer”.
11. DISCLAIMER AND WARRANTIES
11.1 THE COMPANY and MR EMPLOY Services are provided “as is” and “as available.” THE COMPANY disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms and Conditions, including the implied warranties of the employability, fitness for a particular purpose, accuracy, honesty and non-infringement.
11.2 THE COMPANY makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of MR EMPLOY Services and/or the Parties.
11.3 THE COMPANY makes no representation, warranty, or guarantee regarding that MR EMPLOY’s Services will be uninterrupted or error-free.
11.4 THE COMPANY does not make any representations or warranties of any kind, whether express or implied, including without limitation with respect to MR EMPLOY Services and the Parties, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability, arrangements and times.
11.5 The Parties agrees that the entire risk arising out of the Parties’ use of MR EMPLOY’s Services remains solely with the Parties, to the maximum extent permitted under applicable law.
11.6 THE COMPANY disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, and further disclaims all warranties of The employability or fitness for a particular purpose, accuracy, honesty and non-infringement of MR EMPLOY Services.
11.7 THE COMPANY does not warrant that the functions provided by MR EMPLOY’s Services will be uninterrupted or error free or that MR EMPLOY’s Services that are available are free from viruses or other harmful components.
11.8 Save as expressly set out herein, THE COMPANY shall under no circumstances whatsoever be liable to the Parties, including without limitation, as a result of or in connection with THE COMPANY’s negligence (including gross negligence) acts or omissions or those of THE COMPANY’s employees, agents or designees, employers or other persons for whom in law THE COMPANY may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by the Parties, the recipient of MR EMPLOY’s Services, or any other person arising from or as a result of any agreement concluded in terms of these Terms and Conditions, the use, possession or consumption of MR EMPLOY Services.
11.9 The Parties represent, warrant and undertake that they will abide by the following business practices throughout the term of this Agreement:
11.9.1 to comply in all material respects with all laws and regulations;
11.9.2 to ensure that the Profile information will be accurate and honest that the Parties have set out to THE COMPANY on MR EMPLOY Services.
11.10. THE COMPANY makes no express or implied warranty in respect to the quality, employability, accuracy, honesty, suitability and correctness of the Profile set out on MR EMPLOY Services. THE COMPANY will not be liable for any information contained on MR EMPLOY Services, which is incorrect or inaccurate and/or maybe deemed to be defamatory, derogatory, or offensive in any manner whatsoever.
11.11 THE COMPANY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEE, AGENTS, REPRESENTATIVES,AFFILIATES AND/OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHETHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH OR DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY THE PARTIES’ USE OF ANY INFORMATION SET OUT OR RECEIVED ON MR EMPLOY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE COMPANY ACTS NEGLIGENTLY IN THIS REGARD.
11.12 THE COMPANY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEE, AGENTS, REPRESENTATIVES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF THE PARTIES USE OF OR RELIANCE ON MR EMPLOY SERVICES OR THE PARTIES INABILITY TO ACCESS OR USE MR EMPLOY SERVICES; OR ANY TRANSACTION OR, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEE, AGENTS, REPRESENTATIVES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. MR EMPLOY SERVICES MAY BE USED BY THE PARTIES TO FIND SUITABLE MATCHES AND CONNECTIONS, BUT THE PARTIES AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO THE PARTIES RELATED TO MR EMPLOY SERVICES AND/OR A THIRD PARTY SERVICE PROVIDER OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT. THE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER THE PARTIES RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
12. PARTIES’ INDEMNIFICATION
12.1. The Parties agree to defend, indemnify and hold harmless THE COMPANY, their officers, directors, shareholders, employees, agents and representatives, and the successors, heirs and assigns of the foregoing, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses (including but not limited to attorney’s fees on an attorney and own client scale) arising out of or in connection with this Agreement, any act or omission of the Acquiring Bank, any obligation or representation or warranty of the Parties herein on MR EMPLOY Services, including without limitation:
12.1.1. claims arising from the provision by the Parties of, or the use or possession by any of the Parties or any third party acquiring from any of the Parties or any act, error or omission of the Parties in connection therewith;
12.1.2. claims arising from or alleging inaccurate or incomplete information contained by the Parties in MR EMPLOY Services or that any such information infringes the intellectual property rights of any third party;
12.1.3. claims arising from any information furnished or instructions issued to THE COMPANY by the Acquiring Bank;
12.1.4. claims of infringement in regards to any intellectual property rights of the Parties in regards to any third party;
12.1.5. damages arising from any violation of any applicable law or regulation;
12.1.6. any defamation, invasion of privacy, disparagement or similar claims;
12.1.7. any other violation of rights of any third party not otherwise set forth in this clause 12.
13. LIMITATION OF THE COMPANY’S AND THE COMPANY’S LIABILITY
13.1 THE COMPANY, their officers, directors, employees, designee, agents, representatives, affiliates and suppliers shall not be liable for any loss or damage whether direct, indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of savings, loss of revenues, lost data, personal injury, death or damage related to, in connection with, or otherwise resulting from any use of MR EMPLOY’s Services, even if THE COMPANY has been advised of the possibility of such damages and even if THE COMPANY acts negligently in this regard (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable). THE COMPANY’s and their officers, directors, employees, designee, agents, representatives, affiliates and suppliers shall not be liable for any damages, liability or losses arising out of:
13.1.1. the Parties’ reliance on MR EMPLOY’s Services or the Parties’ inability to access or use, inoperability and/or malfunction of MR EMPLOY’s Services; and/or
13.1.2. any transaction or relationship between the Parties; and/or
13.1.3. any delay in the correction or repair of MR EMPLOY Services, even if THE COMPANY has been advised of the possibility of such damages. THE COMPANY, their officers, directors, employees, designee, agents, representatives, affiliates and suppliers shall not be liable for delay or failure in performance resulting from causes beyond THE COMPANY’S reasonable control.
13.2 MR EMPLOY’s Services may be used by the Parties, but the Parties agree that THE COMPANY has no responsibility or liability to the Parties in regards to any information provided by either of the Parties by utilising MR EMPLOY Services by THE COMPANY or a third party other than as expressly set forth in these Terms and Conditions.
13.3 The Parties are responsible for obtaining the data network access necessary to use the MR EMPLOY Services. The Parties mobile network’s data and messaging rates and fees may apply if the Parties access or use the MR EMPLOY Services from a wireless-enabled device and the Parties shall be responsible for such rates and fees. The Parties are responsible for acquiring and updating compatible hardware or devices necessary to access and use the MR EMPLOY Services and Applications and any updates thereto. MR EMPLOY and/or THE COMPANY do not guarantee that the MR EMPLOY Services, or any portion thereof, will function on any particular hardware or devices. In addition, the MR EMPLOY Services may be subject to transactions cancelled, malfunctions and delays inherent in the use of the Internet and electronic communications.
13.4 The limitations and disclaimer do not purport to limit liability or alter the Parties’ rights as the Parties cannot be excluded under applicable law.
13.5. THE COMPANY will not be held liable to the other party for any fees, damages, death, sickness, physical impairment and/or disability arising from any Connection purchased by an Employer from MR EMPLOY Services.
14. BREACH AND TERMINATION
14.1. In the event of the Parties breaching any term of this Agreement and failing to remedy such breach within a period of 7 (seven) days of receipt of a Notice from THE COMPANY calling upon it to do so, then THE COMPANY shall be entitled to terminate this Agreement immediately with the Parties.
14.2. Notwithstanding the foregoing, if the Parties should:
14.2.1. default in any amount falling due in terms of this Agreement; or
14.2.2. fail to observe and perform any of the Terms and Conditions and/or obligations of this Agreement that are binding on the Parties; or
14.2.3. commit any act of insolvency, or being a natural person, assign, surrender or attempt to assign or surrender his estate; or
14.2.4. be sequestrated, or placed under judicial management or be wound up, whether provisionally or finally; or
14.2.5. be placed under supervision for business rescue; or
14.2.6. compromise with any of its creditors or endeavour or attempt to do so, then THE COMPANY shall be entitled, at its sole discretion and without prejudice to any of its other rights in law, either to claim specific performance of the terms of this Agreement or to cancel this Agreement forthwith and without notice, claim and recover damages from the Parties. THE COMPANY’S right to claim specific performance shall include the right to claim immediate payment of all amounts payable in terms of this Agreement.
14.3. The termination of the Agreement, for whatever reason, shall not affect the rights of either of the Parties:
14.3.1. that may have accrued before the termination of the Agreement; or
14.3.2. which specifically or
14.3.3. by their nature survives the termination of the Agreement.
15.1. THE COMPANY shall maintain information obtained from the Parties in confidence and agrees that it shall not make any disclosure of such information to any third party other than to the Acquiring Bank and the banks with whom the Parties or THE COMPANY may maintain any credit/debit card account, without Notice to the Parties. THE COMPANY shall, however, have the right to include such information in reports of system-wide usage and activity data (in the aggregate or other category).
15.2. It is recorded that THE COMPANY’S obligations as described above shall not extend to any information that:
15.2.1. has become publicly known through no wrongful act of THE COMPANY;
15.2.2. is or has been rightfully received from a third party without restriction on disclosure and without breach of this Agreement;
15.2.3. has been furnished by the Parties to a third party without similar restrictions on disclosure; or
15.2.4. is required to be disclosed in accordance with any applicable law.
16. INTELLECTUAL PROPERTY
The Parties acknowledge that all right, title and interest in to the Intellectual Property vests in THE COMPANY and that it has no claim of any nature in and to the Intellectual Property. The Parties shall not at any time during or after termination or cancellation of this Agreement dispute the validity or enforceability of such rights or the Patents, or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of that right, title and interest of any of the Intellectual Property rights which may be the subject of this Agreement and shall not counsel or assist any other person to do so.
Subject to clause 3.8, the Parties to this Agreement shall at all times be independent contractors with respect to each other in carrying out this Agreement.
The MR EMPLOY Services and all rights therein are and shall remain the property of THE COMPANY. Neither these Terms nor the Parties use of the MR EMPLOY Services convey or grant to the Parties any rights: (i) in or related to the MR EMPLOY Services except for the limited license granted above; or (ii) to use or reference in any manner MR EMPLOY and/or THE COMPANY’s company names, logos, services names, trademarks or services marks.
19. DOMICILIUM CITANDI ET EXECUTANDI
19.1. The Parties choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, Notices or other documents or communications of whatsoever nature, the following addresses:
19.1.1. THE COMPANY-
Address: First Floor, 11 Crescent Drive, Melrose Arch
19.1.2. The Parties-
The Address and/or E-mail set out in the Profile.
19.2. Any Notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing but it shall be competent to give Notice by facsimile or e-mail.
19.3. Either Party may by Notice to the other Party change the physical address chosen as its domicilium citandi et executandi to another physical address where postal delivery occurs in the Republic of South Africa or its postal address or its telefax number, provided that the change shall become effective on the 7th (seventh) business day from the deemed receipt of the Notice by the other Party.
19.4. Any Notice to a Party:
19.4.1. delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
19.4.2. sent by e-mail to stipulated in clause 19.1 shall be deemed to have been received on the date of dispatch (unless the contrary is proved).
20. FORCE MAJEURE
20.1. THE COMPANY shall not be liable for a failure to perform any of its obligations insofar as it proves:
20.1.1. that the failure was due to an impediment beyond its control;
20.1.2. that it could not reasonably be expected to have taken the impediment and its effects upon its’ ability to perform into account at the time of the conclusion of this Agreement; and
20.1.3. that it could not reasonably have avoided or overcome the impediment or at least its effects.
20.2. An impediment, as aforesaid, may result from events such as the following, this enumeration not being exhaustive:
20.2.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage;
20.2.2. natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
20.2.3. explosions, fires, destruction of machines, of factories and of any kind of installations;
20.2.4. boycotts, strikes, power failures, black outs and lock-outs of all kinds, go-slows, occupation of factories and premises, and work stoppages;
20.2.5. acts of authority, whether lawful or unlawful, apart from acts from which the Party seeking relief has assumed the risk by virtue of any other provisions of this Agreement.
20.3. Relief from liability for non-performance by reason of the provisions of this clause shall commence on the date upon which THE COMPANY gives notice of the impediment relied upon and shall terminate upon the date upon which such impediment ceases to exist; provided that if such impediment continues for a period of more than 60 (sixty) days THE COMPANY shall be entitled to terminate this Agreement.
21. ENTIRE AGREEMENT AND VARIATIONS
21.1. This agreement constitutes the whole agreement between the parties and supersedes all prior verbal or written agreements or understandings or representations by or between the parties regarding the subject matter of this agreement and the parties will not be entitled to rely, in any dispute regarding this agreement, on any Terms and Conditions or representations not expressly contained in this agreement.
21.3. Neither party to this agreement has given any warranty or made any representation to the other party, other than any warranty or representation which may be expressly set out in this agreement.
22. ASSIGNMENT, CESSION AND DELEGATION
22.1. THE COMPANY shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this agreement, in whole or in part, to any other party or person without Notice to the Parties.
22.2. The Parties shall not be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person.
No indulgence, leniency or extension of a right, which either of the parties may have in terms of this Agreement, and which either Party (“the Grantor”) may grant or show to the other Party, shall in any way prejudice the Grantor or preclude the Grantor from exercising any of the rights that it has derived from this Agreement, or be construed as a waiver by the Grantor of that right.
No waiver on the part of either Party to this Agreement of any rights arising from a breach of any provision of this agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.
In the event that any of the terms and/or Terms and Conditions of this agreement is found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms and/or Terms and Conditions, which will continue to be valid and enforceable.
26. GOVERNING LAW AND DISPUTE RESOLUTION
The validity and interpretation of this agreement will be governed by the laws of the Republic of South Africa. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to MR EMPLOY Services, these Terms and Conditions, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to an expert. Such meeting will be held in Johannesburg with only the Parties and their legal representatives present.
It being the intention that the meeting will, where possible, be held and concluded within ten working days after it has been demanded. The expert will be, if the matter in dispute is principally:
B) an accounting matter, a practicing chartered accountant of not less than ten (10) years standing; and
C) any other matter, an independent person agreed upon between the Parties.
The expert will have the fullest and freest discretion with regard to the proceedings, and her/his/its award shall be final and binding on the Parties to the dispute. Furthermore the expert:
– may dispense wholly or in part with formal submissions or pleadings;
– will determine the applicable procedure, taking into account the fact that it is intended that the dispute will be determined as quickly as possible and shall not be bound by strict rules of evidence and shall be entitled to take equity into account;
– will include such order as to costs as he deems just.
The successful party to the meeting will be entitled to have the award made an Order of Court of competent jurisdiction.
The Parties by signing this Agreement consent to any dispute between them being determined as provided for in this clause.
The dispute resolution clause shall not preclude any of the Parties from obtaining relief by way of motion proceedings on an urgent basis from a court of competent jurisdiction.
The dispute resolution clause constitutes an irrevocable consent by the Parties to any proceedings and no party will be entitled to withdraw there from or to claim in such proceedings that it is not bound by the dispute resolution clause.
The dispute resolution clause is severable from the rest of the Agreement and remains in effect even if the Agreement is terminated for any reason.
THE COMPANY collects information through MR EMPLOY Services and through other interactions and communications the Parties have with THE COMPANY. The private information required for executing the orders placed on MR EMPLOY Services will be kept in the strictest confidence by THE COMPANY and not sold or made known to third parties.
Scope and Application
Information The Parties Provide to Us
THE COMPANY collects information the Parties provide directly to THE COMPANY, such as when the Parties create or modify the Parties account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include but not be limited to: name, surname, email, phone number, home address, profile picture, brand logo, credit card information, and other information the Parties choose to provide.
Information THE COMPANY Collects
· When the Parties use MR EMPLOY Services, THE COMPANY collect information about the Parties in the following categories:
Location: When the Parties use the MR EMPLOY Services. If the Parties permit MR EMPLOY Services, THE COMPANY may also collect the precise location of the Parties device when the app is running in the foreground or background. MR EMPLOY Services may also derive the Parties approximate location from the Parties IP address.
· Transaction: THE COMPANY collects transaction details related to the Parties use of MR EMPLOY Services, including but not limited to the type of service requested, date and time the service was purchased, the amount paid, and other related transaction details. Additionally, if someone uses the Parties Profile username and password, THE COMPANY will associate the Parties with the person with that Profile username and password.
- Call and SMS Data: MR EMPLOY Services facilitates communications between The Parties. In connection with facilitating MR EMPLOY Services.
- Log: When the Parties interact with MR EMPLOY Services, THE COMPANY may collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service the Parties were using before interacting with MR EMPLOY Services.
Most mobile platforms (IOS, Android, etc.) have set out certain types of device data that applications cannot access without the Parties consent. These mobile platforms have different permission systems for obtaining the Parties consent. The IOS platform will alert the Parties the first time the app wants permission to access certain types of data and will let the Parties consent (or not consent) to that request. Android devices will notify the Parties of the permissions that the app seeks before the Parties first use the app, and the Parties use of the app constitutes the Parties consent. To learn about the platform-level permissions that the app seeks, please see our IOS PERMISSIONS set out hereunder and our ANDROID PERMISSIONS page further set out hereunder. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions THE COMPANY request will change over time, so THE COMPANY’s created these pages to serve as authoritative and up-to- date resources for the Parties. INFORMATION THE COMPANY COLLECTS FROM OTHER SOURCES
THE COMPANY may also receive information from other sources and combine that with information THE COMPANY collects through MR EMPLOY Services. For example:
If the Parties choose to link, create, or log in to the Parties account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if the Parties engage with a separate app or website that uses THE COMPANY’S API (or whose API THE COMPANY use), THE COMPANY may receive information about the Parties from that third party site or app.
USE OF INFORMATION
THE COMPANY may use the information THE COMPANY collects about the Parties to:
- Inform the Parties of facts or matters relating to the Parties access and use of MR EMPLOY Services;
- Inform the Parties about other Products, competitions and special offers through MR EMPLOY Services;
- Compile non-personal statistical information about browsing habits, click-patterns and access to MR EMPLOY Services;
- Verify the Parties identity when transacting with THE COMPANY;
- Provide, maintain, and improve MR EMPLOY Services, including, for example, to facilitate payments, send receipts, provide further Products the Parties request (and send related information), develop new features, provide customer support to The Parties, authenticate the Parties, and send Product updates and administrative messages;
- Perform internal operations, including, for example, to prevent fraud and abuse of MR EMPLOY Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
- Send or facilitate communications between the Parties, such as specifications and/or limitations of the Products;
- Send certain personal information (i.e. the Parties full name, location and contact details) will be disclosed to the Parties to enable the Parties to contact each other in regards to fulfilling the connection efficiently and/or to facilitate delivery of the Parties Products purchased by the Parties.
- Send the Parties communications THE COMPANY thinks will be of interest to the Parties, including information about Products, promotions, news, and events of THE COMPANY and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards; Personalize and improve MR EMPLOY Services, including to provide or recommend features, content, social connections, referrals, and/or advertisements.
- THE COMPANY may transfer the information described in this Policy to, and process and store it in any country, some countries of which may have less protective data protection laws than the region in which the Parties reside. Where this is the case, THE COMPANY will take reasonably appropriate measures to protect the Parties personal information in accordance with this Policy.
SHARING OF INFORMATION
THE COMPANY may share the information THE COMPANY collect about the Parties as described in this Policy or as described at the time of collection or sharing, including as follows:
THROUGH OUR SERVICES
THE COMPANY may share the Parties information:
- With The Parties to enable them to connect. For example, THE COMPANY shares the Parties, be it e-mail addresses (if the Parties provides one) and contact details of the Parties;
- With the general public if the Parties submit content in a public forum, such as blog comments, social media posts, or other features of MR EMPLOY Services that are viewable by the general public;
- With third parties with whom the Parties choose to let us share information, for example other apps or websites that integrate with THE COMPANY’S API or MR EMPLOY Services, or those with an API or service with which THE COMPANY integrate; and
OTHER IMPORTANT SHARING INFORMATION
THE COMPANY may share the Parties information:
- With THE COMPANY’s subsidiaries and affiliated entities that provide services or conduct data processing, marketing and/or payments on our behalf, or for data centralization and / or logistics purposes;
- With vendors, consultants, marketing partners, agents and other service providers who need access to such information to carry out work on THE COMPANY’s behalf;
- In response to a request for information by a competent authority if THE COMPANY believes its’ disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties if THE COMPANY believes its’ actions are inconsistent with our User agreement or to protect the rights, property, or safety THE COMPANY or others;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- If THE COMPANY otherwise notifies the Parties and the Parties consent to the sharing;
- In an aggregated and/or anonymized form which cannot reasonably be used to identify the Parties;
- To compile and use information that does not relate to any specific individual;
THE COMPANY owns and retains all rights to non-personal statistical information collected and compiled by THE COMPANY online.
THE COMPANY cannot be held responsible for security breaches occurring on the Parties electronic devices (mobile device, personal computer or other electronic device used to use and/or browse MR EMPLOY Services), which may result due to the lack of adequate virus protection software or spy-ware that the Parties may inadvertently have installed on the Parties electronic device.
SOCIAL SHARING FEATURES
MR EMPLOY Services may integrate with social sharing features and other related tools which let the Parties share actions the Parties take on MR EMPLOY Services with other apps, sites, or media, and vice versa. The Parties use of such features enables the sharing of information with the Parties friends or the public, depending on the settings the Parties establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data the Parties provide to or share through them.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
THE PARTIESR CHOICES
The Parties may amend their profile information at any time by logging into their profile online or onto the app. Please note that in some cases THE COMPANY may retain certain information about the Parties as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if the Parties have a standing credit or debt on the Parties account, or if THE COMPANY believes the Parties have committed fraud or violated our Terms and Conditions and/or Terms, THE COMPANY may seek to resolve the issue before deleting the Parties information.
THE COMPANY will reasonably endevour to comply with the Parties requests regarding access, correction, and/or deletion of the Parties personal information in accordance with applicable law.
THE COMPANY requests permission for our applications’ collection of precise location from the Parties device per the permission system used by the Parties mobile operating system. The Parties will have to enable this each time the Parties place an order utilising MR EMPLOY Services.
THE COMPANY may also seek permission for MR EMPLOY Service collection and syncing of certain contact information from the Parties device per the IOS permission system used by the Parties mobile operating system. If the Parties initially permit the collection of this information, the Parties can later disable it by changing the contacts settings on their mobile device. The Android platform does not provide such a setting.
COOKIES AND advertising
CHANGES TO THE POLICY
THE COMPANY may amend this Policy from time to time. The Parties continued use of MR EMPLOY Services after such notice constitutes the Parties consent to the payments. THE COMPANY encourages the Parties to periodically review the Policy for the latest information on our privacy practices.
Cookies are small text files that are stored on the Parties browser or device by other websites, applications, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain the Parties are visiting are called “first party cookies.” So cookies served by THE COMPANY while the Parties are on www.mremploy.com are first party cookies. Cookies served by companies that are not operating the domain the Parties are visiting are called “third party cookies.” So, THE COMPANY may allow Google to set a cookie on the Parties browser while the Parties visit www.mremploy.com, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as the Parties browser is open. These are deleted automatically once the Parties close their browser. Other cookies are “persistent cookies” meaning that they survive after the Parties browser is closed. For example, they may recognize the Parties device when they re-open their browser and browse the internet again.
OTHER IDENTIFICATION TECHNOLOGIES
THE COMPANY call this a Cookie Statement, but the statement addresses cookies and other identification technologies THE COMPANY may use or permit on MR EMPLOY Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, application, or advertisement which can retrieve certain information about the Parties device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, advertisements, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The primary application developer can install pieces of code the SDK from partners in the application, and thereby allow the partner to collect certain information about user interaction with the application and information about the user device and network information.
THE PARTIES CHOICES
The Parties have the right to choose whether or not to accept cookies. However, they are an important part of how MR EMPLOY Services work, so the Parties should be aware that if the Parties choose to refuse or remove cookies, this could affect the availability and functionality of MR EMPLOY Services.
Most web browsers are set to accept cookies by default. If the Parties prefer, the Parties can usually choose to set the Parties browser to remove or reject browser cookies. To do so, please follow the instructions provided by the Parties browser which are usually located within the “Help” or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and THE COMPANY has indicated where this is possible in the table above.
Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with MR EMPLOY Services.
TYPES AND PURPOSES OF COOKIES
The following table sets out the different categories of cookies that MR EMPLOY Services use and why THE COMPANY use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive.
|Type of Cookie||Purpose||Who Serves (for example)|
|Authentication Cookies||These cookies (including local storage and similar technologies) tell us when the Parties are logged in, so THE COMPANY can show the Parties the appropriate experience and features such as the Parties profile and ordering history.||● MR EMPLOY Services|
|Security and site integrity cookies||THE COMPANY use these cookies to support or enable security features to help keep MR EMPLOY Services and THE COMPANY Services safe and secure. For example, they enable us to remember when the Parties are logged into a secure area and help protect the Parties profile from being accessed by anyone other than the Parties.||● MR EMPLOY Services|
|Localization||These help MR EMPLOY provide a localized experience. For example, THE COMPANY may store information in a cookie that is placed on the Parties browser or device so the Parties will see the site in the Parties preferred language.||● MR EMPLOY Services|
|Analytics and research||These are used to understand, improve, and researching The Parties Products, including when the Parties access MR EMPLOY Services from a computer or mobile device.
|Advertising||Things like cookies and pixels are used to deliver relevant advertisements, track advertisement campaign performance and efficiency. For example, THE COMPANY may rely on information gleaned through these cookies to serve the Parties advertisements that may be interesting to the Parties on other websites. Similarly THE COMPANY may use a cookie, attribution service or another similar technology to determine whether THE COMPANY’s served an ad and how it performed or provide us with information about how the Parties interact with the advertisement.|
When the Parties use MR EMPLOY Services on the Parties IOS device, the Parties will see contextual dialogs asking them to approve certain permissions that the application requests. Allowing these permissions will ensure the Parties have the best possible experience of MR EMPLOY Services. (If the Parties are Android users, please see our ANDROID PERMISSIONS, set out below.)
To make sure the Parties understand what features THE COMPANY access and what data THE COMPANY collect through these IOS permissions, THE COMPANY’s provided a more detailed breakdown and discussion of the permissions below. The Parties can edit their permissions anytime by going into the Settings application on their device.
If the Parties have any questions, the Parties can write us at firstname.lastname@example.org.
When the Parties install the application on their Android phone, the Parties are shown a list of permissions that the application requests. The descriptions of these permissions are worded the same for every application currently, there’s no way for THE COMPANY to customize them. So, to make sure the Parties understand what features THE COMPANY access and what data THE COMPANY actually collects, THE COMPANY’s provided a more detailed breakdown and discussion of the permissions below.
These permissions allow THE COMPANY to prepopulate information that the Parties have provided on I’m New – Update/edit my profile, which information includes but is not limited to the following, the Parties email address, name, and phone number and various other information required for MR EMPLOY Services to work effectively during registration.
THE COMPANY use this permission for MR EMPLOY Services for the Parties to be able to contact each other after the connection fee has been paid by the Employer.
The application does not store the Parties location to persistent memory on the device, but does collect and send approximate and precise location data to THE COMPANY servers to personalize the Parties experience; to determine what MR EMPLOY Services, promotions, and surveys are relevant to the Parties; to use for analytics purposes at an aggregated level; and to customize and improve the location-based services THE COMPANY provide.
The Parties can utilise the MR EMPLOY Services Camera or Upload Images from their camera for a picture of the Parties.
DEVICE ID & CALL INFORMATION
This permission is used in conjunction with the Parties own contact information to prepopulate the Parties e-mail address and contact number during registration. The Parties can edit these fields, and the updated information is sent to THE COMPANY once the Parties account is created. This permission is also used to obtain the Parties Android device ID, which is sent to THE COMPANY servers and used in fraud prevention efforts.
This permission is used by THE COMPANY to notify the Parties when a network connection is unavailable.
If the Parties have any questions, the Parties can write us at email@example.com.