Definitions and Interpretation
- “You” and “User” refer to all individuals and/or entities accessing this Website for any reason
2. “Website” refers to and includes any part or element of www.samedicaljobs.co.za
3. “Discriminatory” means offensive, untrue or provocative material based on race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
4. “Jobseeker” means a person seeking employment or alternate employment.
5. “Pornographic” means all the content and actions, simulated or real, graphic or written detailed in Schedules 1, 2, 6, 7 and 11 of the Films and Publications Act 65 of 1996
6. “Personal Information” means Personal Information as defined in the Promotion of Access to Information Act.
7. References herein to the singular includes the plural and vice versa.
SA Medical Jobs is a medical industry career portal which offers services to recruiters, publications, and job seekers.
Recruiters list and advertise medical industry career vacancies on the site and job seekers can apply or submit enquiries via an external link to the recruiters’ website, affiliated website or email address.
It is the recruiters’ responsibility to submit accurate and true information to SA Medical Jobs to appear on their profiles and job listings.
- SA Medical Jobs is a web service which displays job and recruiter advertisement content provided by third parties on the SA Medical Jobs website (the “Website”). SA Medical Jobs is not involved in the recruitment process and must not be considered to be a recruiter and/or employer with respect to the use of the Website. SA Medical Jobs shall not be responsible for any user entering into agreements or making decisions of whatever nature in connection with the posting of jobs, and/or the contents thereof and/or any other information obtained on the SA Medical Jobs Website.
2. SA Medical Jobs will endeavour to ensure that the website (www.samedicaljobs.co.za) is available 24 hours a day. However, we shall not be liable if for any reason the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.
3. The Website and its contents are provided on an “as is” basis without any warranties of any kind, either express or implied. Without limiting the generality of this clause, the following warranties are expressly excluded: warranty of merchantability, quality, or fitness for particular purpose, compatibility of the Website with your technology, equipment or software, uninterrupted or error free functionality of the Website, and non-infringement of any rights. SA Medical Jobs makes no representations and no warranties about the accuracy, reliability, completeness or timeliness of the material, services, software, text, and graphics set out on the Website.
4. You acknowledge that whilst SA Medical Jobs endeavours to ensure that information on the website and any related material provided to you is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by SA Medical Jobs. You acknowledge that the SA Medical Jobs materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. You acknowledge that some of the content may be supplied by third parties of which SA Medical Jobs is not liable for the accuracy and completeness.
5. SA Medical Jobs shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the user or any third party who obtained any content from the user.
6. SA Medical Jobs will endeavour to ensure that the website and any content or materials contained within it do not contain viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.
7. It is the recruiters’ responsibility to submit accurate and true information to SA Medical Jobs to appear on their profiles and job listings, and while SA Medical Jobs endeavours to update this information timeously, they are not bound by any time period.
8. SA Medical Jobs shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
Access to the Website and Use of Information
- Users may only access, browse and use the website for legitimate personal or commercial purposes and may not use the website or any SA Medical Jobs services and/or products for: 1.1 harmful purposes; 1.2 illegal purposes; 1.3 disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or the 1.4 creation, storage and sending of unsolicited commercial communications.
2. If any user uses content from the website in breach of the provisions detailed herein: 2.1 SA Medical Jobs reserves the right to claim damages from the user; 2.2 SA Medical Jobs reserves the right to institute criminal proceedings against the user.
3. E-mail addresses, names, telephone numbers, and fax numbers published on the website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the website may be used to communicate unsolicited communications to SA Medical Jobs.
Links To and From Other Websites
- Links on the website to third party websites are provided solely for your convenience. If you use these links, you leave the website. SA Medical Jobs is not responsible for these websites or their content or availability. SA Medical Jobs therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
2. You may link to the website but strictly only on the basis that you do not replicate any content or resources on the website. Users may quote small and reasonable amounts of content available from the website and only if such a quote is placed in inverted commas and acknowledged.
3. No person may, without the prior written consent of SA Medical Jobs, frame the Website in any manner whatsoever.
Copyright and Intellectual Property Rights
All rights in/to the content of this Website is reserved and retained by the owners of such rights. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
All SA Medical Jobs trade marks (whether registered or unregistered) and graphics, logos, designs, page headers, domain names, source code, meta tags, databases, text and button icons are the intellectual property rights of SA Medical Jobs and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without the prior written consent of SA Medical Jobs other than for the purpose of referring to SA Medical Jobs and its associated brands lawfully and in good faith (only).
Additional Terms Applicable to Recruiters
- Definitions applicable to recruiters
- “Company” means SA Medical Jobs.
- “Client” means the Recruiter entering into an Agreement with the Company and subscribing to the Company Service.
- “Recruiter” means a person or entity that is submitting a job post or recruiter profile or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
- “Representative” means the person nominated and authorised by the Client to act on its behalf with regards to this Agreement.
- “Job Seeker” means a person seeking employment or browsing jobs on the Website.
- “Service” means the listing and advertising of recruiter companies and job vacancies on the Website.
- “Service Period” means the period of the Agreement entered into.
- “Service Pricing” means the pricing set out in the Pricing proposal.
- “Standard Rates” means the hourly rates charged for additional work requested by the Client.
- “Suspend” means temporarily suspension of the service to the Client.
- “Suspension Period” means 7 (seven) business days after suspension.
- “Termination” means access to the Service is cancelled by the Company.
- “Agreement” means these Terms and Conditions and annexures attached hereto.
- “Internet Browser” means Google Chrome, Mozilla Firefox, Safari and/or Microsoft Internet Explorer or subsequent versions thereof.
- “Notice” means the written notice sent to Client and/or Representative by the Company.
- Provision of Services
- The Client agrees to use the Service upon the terms and conditions set out in this Agreement.
- The Client shall not use, or permit the use of the Service, for any other purpose other than set out herein.
- The Client shall not be entitled to sell, let, license, transfer, transmit, allow access to or otherwise distribute the Service or any part thereof, to any third party without the express prior written consent of the Company. Should the Client breach this clause the Company shall be entitled to Suspend the Services with immediate effect.
- If, at any time during the currency of this Agreement, the Client offers any services similar to or in direct competition to the Company, the Company shall have the right to suspend the Services and/or terminate this Agreement immediately upon Notice to the Client. The Company’s right of Termination shall be without prejudice to any other rights in law the Company may have against the Client.
- The Client shall, at all times, comply with the Protection of Personal Information Act 2013 and all subsequent legislation and regulations
- Pricing of service
Pricing for the provision of Service is available via email.
- Services Period
The start date and period of this Agreement is as per the registration date and will continue for the period as set out in the request email.
- The Client may terminate this Agreement: (a) in writing and in accordance with the terms outlined on the Pricing Proposal, by providing 1 (one) calendar months’ notice of their intention to cancel on the 1st of any given month; or (b) if the Company is in material breach of these terms and conditions and have not remedied such breach within 7 (seven) days of notice specifying the breach and requiring that the breach be remedied; or (c) if the Company becomes insolvent, ceases to trade or goes into liquidation
- Termination by the Client before the end of the Service Period shall result in a loss of the discounts agreed for the entire Service Period. To illustrate, the volume discounts afforded on the basis of the full Service Period shall be recalculated based on actual volumes utilised and any amount due to the Company shall be invoiced to the Client upon termination in accordance with clause 4.3.4.
- The Company shall terminate this Agreement if: (a) The Client is in material breach of these terms and conditions and has not remedied such breach within 7 (seven) days of notice specifying the breach and requiring that it be remedied; or (b) The Client becomes insolvent, ceases to trade or goes into liquidation
- The Company is entitled to Suspend the Service if the Client is in default of any of its obligations under the Agreement
- The Client shall not be entitled to cancel the Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against the Company, its servants, its agents or any other persons for whom it may be liable in law, if the Company interrupts the provision of Services to the Client as a result of default by the Client.
- Amendments to service or service pricing
- If the Client requests changes to the Service:
1. The Company shall review the request and advise the Client of the viability of the proposed change.
2. The Client shall provide a calendar months’ notice of their intention to change their service. Any adjustment to their pricing shall be made at the start of the next calendar month and shall endure for the remainder of the Service Period
3. If the change is software related and is specific to the Client the costs thereof shall be for the Client’s account.
- All changes agreed by the parties shall be reduced to writing and agreed to by both parties before implementation.
- Payment terms and payment options
- The payment terms are specific to the type of Agreement selected by the Client. The payment term applicable to the Client’s package shall be set out on the Pricing proposal and may include one of the following two options:
1. Annually in advance – this payment term requires payment to be made in advance for access to the Service.
2. Monthly payment terms – this payment term allows the Client to pay monthly in advance for access to the Service.
- In the event of non-payment within the stipulated payment terms, the Company reserves the right to hold the Client liable for the total amount due pursuant to all outstanding invoices plus interest calculated at the current South African prime interest rate as determined by the Standard Bank of South Africa from the date that the invoices became overdue until the date payment is reflected in the Company’s bank account
- The Company shall Suspend all Services to the Client if payment is not made within 60 (sixty) days, following which, if payment has not been effected the Client shall be in breach of this Agreement
- If the Client pays the amount due in full within the 7 (seven) day Suspension Period, the Client shall have their Service re-activated and their Agreement shall continue as per normal.
- The Company may contract a debt collection agent to assist with debt collection processes. Should the Client fail to make any payments due in terms of the Agreement the Company reserves the right to make use of a debt collection agent and all collection costs shall be for the Client’s own account.
- In the event of the Company instructing its attorneys to recover monies from the Client, the Client shall be liable for and shall pay all legal costs incurred by the Company on an attorney and own client scale, including any tracing agents’ charges and commission.
- The Company shall not be held liable for the loss or suspension of the Client’s services due to non-payment
- Payment can be made by direct bank deposit or electronic funds transfer – where payment is made by direct bank deposit or electronic funds transfer the Units purchased will only be allocated upon receiving confirmation from the Client’s bank provider that payment has been received;
- Company’s obligations
The Company shall:
- Provide a Service that shall be accessible at www.samedicaljobs.co.za by an Internet Browser.
- Provide standard maintenance to the Service at no additional charge.
- Advertise its Service using varied media channels as deemed appropriate by the Company.
- Maintain a fixed price as per the Service Pricing for the Service Period, but shall charge its Standard Rates for any additional services required by the Client.
- Provide the Client with an electronic invoice for the billing period chosen by the Client in respect of all the fees and costs.
- Suspend the Agreement with immediate effect if the Client does not make payment within the payment terms as specified in the Pricing proposal at the discretion of the Company.
- Limitation of Company’s liabilities
The Company shall not be:
- liable in terms of the Agreement, in delict, contract warranty or otherwise for any direct, indirect, special or consequential damages suffered by the Client, howsoever arising and the Client indemnifies the Company from any claims arising as a result thereof.
- liable for any damages, losses or claims resulting from the Agreement or the use of the Service (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption).
- responsible for the accuracy, whether in respect of errors or omissions, of any information contained in the Client’s own job seeker database.
- liable for any damages pertaining to the availability or suitability of the job seeker for any position at which they are placed.
- In addition the Company has not made any representations or warranties whatsoever, whether express or implied, to the Client; and
- In addition the Company has not shall not give any warranties in respect of the availability or suitability of job seekers and/or employees for positions for which they are applying.
- Client’s obligations
The Client shall:
- Pay the Company the fees in accordance with the payment terms as set out in the Pricing proposal
- Ensure the Client’s representatives and user details are regularly updated within the Service
- Ensure that the Client logo is sent to the Company in the prescribed format.
- Ensure the Client User details as per the Pricing Proposal to this Agreement are sent to the Company and that changes to these details are made in writing with seven (7) days of change to these details;
- Ensure the accuracy of the information contained in the job adverts and recruiter profiles published on the Website.
- Exercise its own discretion regarding the suitability of any job seeker and/or employee for positions for which they are applying
- Inform the Company of any technical difficulties encountered.
- Accept the electronic submission of Tax Invoices.
- Domicilium and notices
- The parties hereby choose their domicilium as set out in the Pricing Proposal to the Agreement and shall be entitled from time to time by written notice to the other to vary their domicilium to any other address in South Africa, provided that such other address may not be a post office box.
- All notices required to be given by either party to the other shall be deemed to have been validly given on the date upon which such notice is delivered to the addressee’s domicilium, or 4 (four) days after the date upon which such notice is posted to the addressee by prepaid registered post, addressed to the addressee at his domicilium or upon date of despatch of email.
- This Agreement constitutes the entire agreement between the parties and no alteration, variation or cancellation of agreement or addition or amendment to or deletion from the agreement shall be of any force or effect unless in writing and signed by the parties.
- No indulgence, extension of time, relaxation or latitude which either party (the Grantor) may show grant or allow to the other (the Grantee) 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.
- Nothing in the Agreement shall constitute a partnership or a joint venture between the parties, nor authorise either of the parties to incur any liability on behalf of the other, save where such liability is especially provided for in this agreement;
- The Client shall not cede its rights or obligations set out in this agreement without the prior written consent of the Company;
- The Client agrees to the jurisdiction of the Magistrate’s Court having jurisdiction over it in respect of all legal proceedings connected to this agreement, notwithstanding that the amount of the matter in dispute exceeds the Magistrate’s Court jurisdiction. Notwithstanding the foregoing, the Company shall be entitled to institute proceedings against the Client in the division of the High Court having jurisdiction in the matter.
- The Client hereby agrees to the terms and conditions set out in this Agreement and the Annexures. The authorised Representative hereby warrants that he/she is authorised to accept the agreement on behalf of the Client.
13. PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
SA Medical Jobs agrees to take all reasonable steps to ensure compliance with the safety of Client’s personal information, including collecting, storing, processing and sharing Client information, in compliance with the Protection of Personal Information Act [POPI]. SA Medical Jobs cannot however be held liable for any loss which the Client may experience, which loss may be as a result of breach, stolen equipment and / or other theft of data.
14. EVENTS BEYOND THE CONTROL OF SA MEDICAL JOBS
SA Medical Jobs will not be liable for breach of contract where that breach was due to events such as but not limited to, late or non-supply of Client deliverables, equipment failure, supplier-side or hosting delays, WordPress, Theme or Plugin development changes, other software, hardware or electrical failure, a Force Majeure event, or other event beyond the control of SA Medical Jobs .
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