JOBJACK TERMS AND CONDITIONS
Last updated: 27 October 2020
This website can be accessed at www.jobjack.co.za and/or
'anything'.jobjack.co.za (the “Website”) and
is owned and operated by JOBJACK (Pty) Ltd (Registration Nr. 2017/378425/07)
(“JOBJACK”, ”the platform”,
“we”, “us” and “our”).
These Terms and Conditions regulate and/or govern, alternatively are applicable
to any and all persons, whether natural or juristic, that access/es, makes use
of or registers on the Website whatsoever.
Without derogating from the generality of the aforegoing, these Terms and
Conditions govern the contractual relationship between the Parties and Users
concerning the posting of and applying for Jobs on the Website, including,
without limitation, accessing of, and registering on, the Website and payment of
By using the Website (as a Jack, Client or for common browsing purposes)
and/or by registering on the Website as a Jack or a Client, whichever may be
applicable, you acknowledge that you have read, understand and agree to be
bound by these Terms and Conditions.
INTERPRETATION AND DEFINITIONS
Unless the context provides otherwise, words importing –
Any reference to one gender includes the other gender.
Any reference to the singular includes the plural and any reference to the
plural includes the singular.
”Appointed”, ”Appoint” or
”Appointment” means a Jack has been notified by means of and/or
through and/or via the Website that a Client wishes to offer the Jack a Job;
”Aggregate Remuneration” means the total aggregate amount of
monthly remuneration that a Jack is entitled to receive from a Client and as
advertised on the platform for a Part-Time or Permanent Job and which is
calculated as a total per month, irrespective of whether the Client remunerates
the Jack per hour, per shift, per day, per week or otherwise;
”Completed Job” means a Once-Off Job/s that has been completed
by a Jack;
”Commission/s” means the 15% (fifteen percent) of the Offered
Remuneration of a particular Once-Off Job that the Client is liable to affect
payment of to JOBJACK;
”CPA” means Consumer Protection Act, 68 of 2008;
”Jacks” means those job seekers who are Registered Users and
who wish to apply for a Job and/or who has applied for a Job;
”Job” means any job made available and advertised by a Client
for which a Jack can apply through the Website and includes Once-Off, Part-Time
and Permanent Jobs where the context so provides;
”JOBJACK” means JOBJACK (Pty) Ltd (Registration Nr.
”Job Post” means a listing on the Website that advertises a
”Clients” means those potential employers who are Registered
Users and who has made a Job Post;
”Listed Remuneration” means the amount of remuneration
displayed on the Job Post which is the Offered Remuneration less any applicable
commission/s due to JOBJACK;
”Offered Remuneration” means the total amount of remuneration
offered by the Client for a Job, from which any commission due to JOBJACK will
be deducted and the balance shall be paid to the Jack completing the Job;
”Once-off Jobs” means those Jobs that are once-off, and which
take less than 30 (thirty) days to complete;
”Part-Time Jobs” means those Jobs that are not Once-Off and are
not Permanent, for which the Jack will work shifts, hours, days or otherwise as
directed, indicated or as required by the relevant Client and for which the Jack
will be remunerated per hour, per shift, per day, per week or per month or
”Performing a Job” means the rendering of services of a Jack to
a Client in terms of a Job, subsequent to the Jack being offered a Job by a
Client and accepting the terms of the Job so offered;
”Permanent Jobs” means those Jobs for which the Jack will be
permanently employed by the Client;
”Personal Information” means personal information as defined in
”POPI” means the Protection of Personal Information Act, Nr. 4
D of these Terms and Conditions;
”Registered Users” means those Users who have completed
Registration on the Website and includes any Jacks or Clients who have
registered on the Website;
”Terms and Conditions” means the Terms and Conditions contained
in this document and includes references to “the agreement”;
”Users” means Clients and Jacks, respectively as the context
may indicate and any other user of the Website;
”Website” means the website available at www.JOBJACK.co.za
and/or app.jobjack.co.za and or ‘anything’.jobjack.co.za;
”Website Content” means the contents of the Website, including
any material, information, data, software, icons, text, graphics, layouts,
images, sound clips, advertisements, video clips, trade names, logos,
trade-marks, designs and service marks which are displayed on or incorporated in
”You” or ”Your” means any person, juristic or
natural, accessing, browsing and/or making use of the Website whatsoever and
”Your Profile” means the profile created on the Website when
registering on the Website and includes the profiles of Jacks and Clients
respectively as the context may indicate;
NATURE OF SERVICE AND TRANSACTION
The purpose of the Website is to:
connect Jacks, being job seekers, with Clients, who seek employees.
automate the recruitment process for Clients.
The provision of the Website and facilitation of the communications platform
between Clients and Jacks are services as defined in section 1 of the CPA
and the use of the Website is, therefore, subject to the provisions of the
The Jobs advertised on the Website are jobs offered by the Clients which
Jacks can apply for on the Website. These Clients are unrelated parties to
JOBJACK and constitute the employer in terms of any employment relationship
between a Jack and a Client.
It is specifically recorded that neither the Website nor JOBJACK acts as a
temporary employment service provider, nor an employer for any purposes
related to a Job Post whatsoever.
ACCEPTANCE AND APPLICATION OF TERMS AND CONDITIONS
These Terms and Conditions apply to Users who are Consumers in respect of the
services provided on the Website for purposes of the CPA.
These Terms and Conditions contain provisions that appear in similar text and
style to this clause and which -
may limit the risk or liability of JOBJACK; and/or
may create risk or liability for the User; and/or
may create liability for the User to indemnify JOBJACK; and/or
serves as an acknowledgement by the User of a fact.
Your attention is drawn to these Terms and Conditions because they are
important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not
understand, it is your responsibility to ask JOBJACK to explain it to you before
you accept the Terms and Conditions or continue using the Website.
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 JOBJACK in terms of the CPA.
This agreement is binding and enforceable on all persons with access to the
Website or any part thereof.
As stated hereinabove by using the Website (as a Jack, Client or for common
browsing purposes) and/or by registering on the Website as a Jack or a Client,
whichever may be applicable, you acknowledge that you have read, understand
and agree to be bound by these Terms and Conditions.
If you do not agree to or accept these Terms And Conditions, you are obliged to
exit and/or leave the Website immediately, alternatively and should you continue
on the Website and/or make use of the Website for any purposes whatsoever, you
confirm, acknowledge and agree to be bound by these Terms and Conditions.
A - REGISTERING AS A JACK AND APPLYING FOR A JOB
REGISTERING AS A JACK
If you choose to register as a Jack on the Website, you will be required to
provide JOBJACK with any and all required information before Your Profile will
be activated on the Website.
By registering as a Jack you expressly consent to JOBJACK conducting criminal-,
credit- , and other appropriate checks on you, which results may be provided to
prospective Clients when applying for a Job.
Only persons over the age of 15 (fifteen) years will be allowed to register as a
Jack and/or apply for Jobs as provided for in these Terms and Conditions.
Any and/or all persons over the age of 15 (fifteen), but under the age of
majority of 18 (eighteen), shall not be allowed to apply for any Jobs on the
Website whatsoever, without the prior and express written consent of his/her
parent and/or legal guardian.
JOBJACK reserves any and all rights to make any enquiries that JOBJACK in
its sole and absolute discretion deem necessary to verify and/or confirm
that the written consent as per clause 5.4.1. above was lawfully obtained
and sufficient for these purposes and/or for the purposes of compliance with
any relevant or applicable law.
APPLYING FOR JOBS
Subject to meeting any requirements (such as completing any verification
processes) set by JOBJACK, you can apply for a Job on JOBJACK by following the
Only Registered Users may apply for Jobs on the Website.
Once a Jack has submitted an application for a Job, JOBJACK may notify the Jack
about the status of his/her application and further via e-mail, SMS, Push
Notification, WhatsApp, telephone call or any alternate communication/s medium
JOBJACK may in its sole and absolute discretion elect, whether his/her
application was successful.
PAYMENT FOR JACKS
The Client has the election to either pay the Jack directly after a Job has
been completed or to have JOBJACK facilitate such payment.
Should JOBJACK facilitate the payment on behalf of a Client, Jacks will only
be paid the Listed Remuneration after completing a Job. Such payment will be
made within 7 (seven) business days of JOBJACK receiving the Offered
Remuneration from the Client.
Should the Client affect payment of the full Offered Remuneration to the
Jack directly or in error, the Jack shall be liable to affect payment of the
Commission/s to JOBJACK.
Clients are solely responsible and liable to pay Jacks for any and all fees,
remuneration, wage/s, compensation, or imbursements of any nature and
relating to any Part-Time Jobs, as well as for any employment relationship
arising and/or which may arise from any Part-Time Jobs. Without derogating
from the generality of the aforegoing, JOBJACK will not be liable for any
payment due to a Jack in respect of Part-Time Jobs whatsoever.
Clients will be solely responsible and liable to pay Jacks any and all fees,
remuneration, wage/s, compensation, or imbursements of any nature and
relating to any Permanent Jobs, as well as for any employment relationship
arising and/or which may arise from any Permanent Jobs. Without derogating
from the generality of the aforegoing, JOBJACK will not be liable for any
payment due to a Jack in respect of Permanent Jobs whatsoever.
INJURIES WHILST ON A JOB
JOBJACK will not be liable for any injuries a Jack sustains while completing a
Job. Any and all liability pertaining to workplace injuries shall be borne by
and/or lie with the Client and/or employer.
NO LONGER ABLE TO ATTEND TO A JOB OR INTERVIEW
If a Jack is no longer able to attend an Interview for which a Jack has been
selected, or the Jack is no longer able to attend to a Job for which a Jack has
applied and/or for which a Jack has been appointed by the Client on the Website,
the Jack is required to notify JOBJACK and the Client as soon as reasonably
possible, irrespective of which job-category the Job falls in.
CLIENT CANCELS JOB
If a Client cancels a Job for which a Jack has been appointed, JOBJACK will
notify the Jack within a reasonable time after and only subsequent to the Client
cancelling the job on the platform and/or notifying and/or informing JOBJACK
(and only in a case where the Client notifies JOBJACK instead of the Jack
JOBJACK will not be liable to any relevant Jack in any respect and for any
losses, damages or expenses of any nature whatsoever resultant from or
consequent to any Job/s being cancelled by Clients.
In amplification of clause 10.2. above, it is specifically recorded that
JOBJACK makes no representations and gives no warranties, whether express or
implied, as to the existence of any employment- or any independent contractor
agreement or relationship between a Jack and Client, should the Client appoint
any Jack (as defined in clause 2.2. above or otherwise) via the website. Any
cause of action, claim or dispute in respect of any employment agreement,
relationship or the existence of any such relationship shall solely be between
the relevant Jack and Client.
RIGHT TO REMOVE JACK
JOBJACK reserves the right to remove and/or block a Jack from the Website should
JOBJACK, within its reasonable discretion, deem such removal to be necessary.
Without limiting the generality of the aforegoing clause 11.1. JOBJACK shall be
entitled to remove any Jack who breach/es these Terms and Conditions and/or
should complaints be received from Clients about the relevant Jack.
Should JOBJACK, in its sole discretion, decide to remove and/or block the Jack
from the Website, JOBJACK will not be liable whatsoever to the Jack for any
refund of any amounts, commission/s and/or profile hosting fees paid by the
Jack to JOBJACK, or for any damages or loss suffered by the Jack in this
Clients may have the opportunity to review a Jack after the completion of a Job
JOBJACK may in its sole and absolute discretion elect to review any and all
Reviews of a Jack and shall thereafter elect to publish or place any such
reviews on the Website.
Jacks may request that JOBJACK remove a review and provide reasons for such
request, which request JOBJACK will assess in its sole discretion. JOBJACK will
not be required to remove any review based on a request by a Jack.
COMPLAINTS WHILE PERFORMING A JOB
JOBJACK does not take responsibility for and is not liable for any conduct,
actions or omissions to act of the Clients or representatives of the Clients
whilst a Jack is performing a Job, irrespective of which job-category the Job
Jacks are encouraged to approach any relevant legal tribunal, forum or any
competent court with jurisdiction in respect of any dispute/s or cause/s of
action arising from any improper conduct or actions of a Clients or its
representatives whilst a Jack is performing a Job, irrespective of which
job-category the Job falls in.
B – CLIENTS
REGISTERING AS A CLIENT AND POSTING A JOB
Any potential employer can register on the Website as a Client and advertise a
When posting a Job on the Website, the Client must provide:
complete and accurate information about the Job (such as description,
location, payment, and duration); and,
disclose any restrictions and requirements that apply (such as any minimum
age, proficiency in any language, previous experience or special skills
Any and all further information that JOBJACK may in its sole and absolute
discretion deem necessary pertaining to the relevant Job, before the Job
shall be published on the Website.
The placement and ranking of Jobs in search results on JOBJACK may vary and
depend on a variety of factors, including but not limited to search parameters
and preferences, job requirements, payment amounts and the like.
ADDITIONAL INFORMATION ON PROSPECTIVE JACKS
If a Jack has applied for a Job, the Client can request that JOBJACK provide
additional information (including, but not limited to, criminal history) by
paying an additional fee.
PAYMENT FOR JOBS AND JOBJACK FEES
Clients irrevocably agree and confirm to affect payment unto JOBJACK and/or
Jacks (as the context may indicate) for Permanent, Part-Time and Once-Off Jobs
as more fully set out hereunder.
Payment for Once-Off Jobs
Clients are liable to affect payment to JOBJACK in the amount of 15%
(fifteen percent) of the Offered Remuneration of each and every Completed
The Client may elect to either pay the Jack directly or to have JOBJACK
facilitate the payment of Jacks on behalf of the Client for Once-Off Jobs.
In the event of the Client electing to pay the Jack directly, JOBJACK
may in its sole and absolute discretion elect whether:-
The Client shall be liable to affect payment of the total
Commission/s for each Job to JOBJACK prior to the Job commencing; or
the Client shall be liable to affect payment of any and all
Commission/s to JOBJACK within 2 (two) calendar days of the Client
being furnished with a Tax Invoice from JOBJACK specifying any and
all amounts and/or Commissions due to JOBJACK and/or a Jack;
In amplification of clause 7.1.3. above, should the Client affect
payment of the Offered Remuneration in full to the Jack directly or in
error, the Jack shall be liable to affect payment of the Commission/s
If the Client elects to have JOBJACK facilitate payment to the Jack on
its behalf, JOBJACK may in its sole and absolute discretion elect
whether the Client shall be liable to:
Pay JOBJACK the full Offered Remuneration prior to the Job Post
being published on the Website] (“the Deposit”) and the Job Post
shall not be published unless JOBJACK has received the Deposit; or
Affect payment of the Offered Remuneration to JOBJACK within 2 (two)
calendar days after the Job had been completed or within 2 (two)
calendar days after the Client being furnished with a Tax Invoice
specifying any and all amounts due to JOBJACK and/or the Jack,
whichever occurs first.
The Jack will be paid the Listed Remuneration 7 (seven) business
days after JOBJACK had received the Offered Remuneration from the
The Client agrees that any amount reflected in a Tax Invoice and received
from JOBJACK in respect of Commission/s and/or Offered Remuneration shall be
due and payable unconditionally and within 2 (two) calendar days of the
Client being furnished with said Tax Invoice.
Payment of the subscription fee
Clients are solely responsible to pay Jacks for any and all fees,
remuneration, wage/s, compensation, or imbursements of any nature for
Part-Time Jobs or any employment relationship arising whatsoever and which
falls in the Part-Time Job category.
The Client is responsible to pay the agreed upon subscription fee as per the
billing section or as agreed upon separately.
Payment for Per Usage Fees
Clients are responsible to pay any per usage fees for placements and checks
if applicable on a month to month basis once invoiced.
Clients are solely responsible for providing the necessary equipment for Jacks
to perform a Job (“Equipment”).
Clients are solely responsible for ensuring that the Equipment used during the
performance of a Job is in good working order and conforms to all laws
pertaining to safety, equipment, inspection, and operational capability.
Except as otherwise required by law, Clients assume all risk of damage or loss
of any nature whatsoever to Equipment in respect of a Job being completed.
The Client further assumes any and all risk and liability resultant from a
Jack’s conduct relating to and/or the use of any Equipment whilst completing a
CANCELLATIONS OF ONCE-OFF JOBS BY CLIENT
Should a Client affect payment of the Deposit to JOBJACK in terms of clause
126.96.36.199.1 above and the Client cancels the relevant Job after a Jack has been
employed for the Job but before the Job has been completed in toto, JOBJACK may
in its sole and absolute discretion elect whether:-
JOBJACK shall refund the Client the Offered Remuneration less any applicable
Commission/s due to JOBJACK (the Listed Remuneration), alternatively
JOBJACK shall refund the Client the Offered Remuneration together with any
Commissions due to JOBJACK;
Nothing in clause 18.1. above shall preclude or prohibit JOBJACK and the Client
from concluding an agreement, in terms of which the Jack may be paid pro rata
the Job’s Offered Remuneration and for work that has been completed relating to
a Job. The balance, less any Commissions due to JOBJACK, shall be refunded to
JACK FAILS TO REPORT FOR A JOB OR CANCELS BEFOREHAND
JOBJACK will not be liable in the event of a Jack, after being appointed by the
Client for a Job, not reporting for a Job at the required date and time.
If a Jack cancels his or her availability for a Job after being appointed, the
job will be reposted. JOBJACK will not be liable to ensure that another person
is appointed to perform the Job.
If a Jack cancels or does not report for a Once-Off Job and the Client has paid
the Deposit (or full Offered Remuneration) to JOBJACK, JOBJACK may refund the
Client all amounts paid to JOBJACK by the Client in respect of that Job.
If a Jack cancels or does not report for a Part-Time or Permanent Job, JOBJACK
shall not be liable to the Client for any such cancellation and/or failure to
report for the Job whatsoever.
RIGHT TO REMOVE CLIENT
JOBJACK reserves the right to remove and/or block a Client and/or any of its
Jobs from the Website should JOBJACK, within its reasonable discretion, deem
such removal to be necessary.
Without limiting the generality of the aforegoing clause 20.1., JOBJACK shall be
entitled to remove any Client who breach/es these Terms and Conditions and/or
should complaints be received from Jacks about the relevant Client.
Should JOBJACK, in its sole discretion, decide to remove and/or block the
Client from the Website, JOBJACK will not be liable whatsoever to the Client
for any refund of any amounts paid by the Client to JOBJACK, damages or loss
suffered by the Client in this regard.
Jacks may have the opportunity to review the Client after going for an interview
or performing a Job posted by the relevant Client.
JOBJACK shall in its sole and absolute discretion elect whether any such reviews
shall be posted and/or published on the Website.
The Client can request that JOBJACK remove a review and provide reasons for such
request, which request JOBJACK will assess in its sole discretion. JOBJACK will
not be required to remove any review based on a request by a Client.
NO GUARANTEE IN RESPECT OF JACKS
It is specifically recorded that JOBJACK does not guarantee (whether
expressly or impliedly) any level of skill, competence, experience, or quality
of service provided or to be provIded by any Jack whatsoever.
JOBJACK is not responsible or liable for any damage or loss to the Client’s
property and/or any economic loss/es or damages of any nature whatsoever
resulting from a Jack’s conduct and/or omission to act in the course of
performing or completing a Job, or otherwise.
Should the Client be dissatisfied with the services of or work done by the Jack,
JOBJACK will not be liable for a refund to the Client for any remuneration, fees
or commission/s paid to or through JOBJACK or for any remuneration, fees or
commission/s due to JOBJACK.
C - INDEMNITY, NO WARRANTEE AND WAIVER
The use of the Website is entirely at the User’s and your own risk and the
User and you assume full responsibility for any risk or loss resulting from
use of the Website or reliance on any information on the Website.
Whilst JOBJACK takes reasonable steps to ensure that the content of the Website
is accurate and complete, JOBJACK makes no representations and gives no
warranties, whether express or implied, as to the quality, timeliness,
operation, integrity, availability or functionality of the Website or as to the
accuracy, completeness or reliability of any information on the Website.
JOBJACK further makes no representations and gives no warranties, whether
express or implied regarding and/or relating to the quality, timeliness,
operation, integrity, availability or functionality of the Jobs advertised on
It is specifically recorded that the Website is provided on an “as-is” basis,
without any warranties or guarantees of any nature, whether implied or
express, regarding the accuracy of information relating to products, services
or Jobs advertised on the Website. This Website is not compiled or provided to
meet your individual needs.
It is the User and/or your sole responsibility to satisfy the User and/or
yourself, before the User and/or you accept these Terms and Conditions, and
that the service/s available from and through this Website will meet the User
and/or your individual needs and be compatible with the User and/or your
hardware and/or software.
Any views or statements made or expressed on the Website are not necessarily the
views of JOBJACK, its directors, employees and/or agents or from a duly
authorized representative of JOBJACK.
In addition to the disclaimers contained elsewhere in these Terms and
Conditions, JOBJACK also gives no warranty or representation, whether express
or implied, that the information or files available on the Website 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.
The User and/or 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 JOBJACK, its
employees, agents or authorised representatives.
JOBJACK disclaims all liability for any damage, loss or liability of any
nature whatsoever arising out of or in connection with any User’s and/or your
access to or use of the Website, unless provided for in law.
LIMITATION OF LIABILITY AND INDEMNITY
NEITHER JOBJACK NOR ANY OF ITS REPRESENTATIVES, MEMBERS, EMPLOYEES, OFFICERS,
AGENTS, CONSULTANTS, SERVICE PROVIDERS OR SUB-CONTRACTORS (HEREINAFTER “THE
INDEMNIFIED PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS OR DAMAGE OF WHATSOEVER NATURE SUFFERED BY YOU OR ANY THIRD
PARTY, UNLESS OTHERWISE PROVIDED BY LAW, THAT IS A CONSEQUENCE OF:
YOUR ACCESS TO OR USE OF THIS WEBSITE;
YOUR POSTING, APPLYING OR APPOINTMENT FOR A JOB LISTED ON THE WEBSITE;
THE UNAVAILABILITY OF ANY OF THE SERVICES OR JOBS PROVIDED ON THE WEBSITE;
ANY USER’S INABILITY TO GAIN ACCESS TO OR USE THIS WEBSITE OR ANY OF THE
SERVICES OR JOBS PROVIDED ON THE WEBSITE;
THE USE OF HYPERLINKS ON THE WEBSITE OR THE USE OF ANY WEBSITE FROM WHERE
YOU HYPERLINK TO OR FROM THE WEBSITE;
THE VIOLATION OF ANY OF THESE TERMS AND CONDITIONS OR ANY OTHER LAW,
REGULATION OR RULE BY YOU, A JACK OR CLIENT, AS THE CASE MAY BE;
THE PRESENTATION OR TRANSFER OF INFORMATION OR CONTENT ON OR THROUGH THE
WEBSITE BY YOU;
THE INFORMATION OR CONTENT PROVIDED BY YOU WHICH IS A VIOLATION OF ANY LAW
OR THIRD PARTY’S RIGHTS (WHICH INCLUDES, BUT IS NOT LIMITED TO, DEFAMATION,
VIOLATION OF PRIVACY, BREACH OF TRUST OR INFRINGEMENT OF COPYRIGHT OR ANY
OTHER INTELLECTUAL PROPERTY); OR,
YOUR ENGAGEMENT IN AND/OR INJURY SUSTAINED IN THE COURSE OF COMPLETING A JOB
ADVERTISED ON THE WEBSITE.
You hereby indemnify the Indemnified Parties of any loss, damage, liability,
claims, and cost of whatsoever nature suffered by you and/or third parties which
was caused by or related to 24.1.1 to 24.1.9 above.
JOBJACK will not be liable for any inaccurate information published on the
Website, save where such liability arises from the gross negligence or wilful
misconduct of JOBJACK, its employees, agents or authorised representatives,
Should you note any errors and/or possible malfunctions on the Website
you are obliged to report such errors and/or malfunctions to JOBJACK by
way of email to admin@JOBJACK.co.za; and
You shall afford JOBJACK 7 (seven) business days written notice to remedy
any such errors and/or possible malfunctions.
If, notwithstanding the provisions of these Terms and Conditions, JOBJACK is
found to be liable to a User for any amount, howsoever arising, then:-
In no event shall JOBJACK’s aggregate liability exceed the amounts paid by
the User to JOBJACK in the 6 (six) month period immediately preceding the
date of the first event or instance from which such liability arose;
No action and/or legal proceedings shall be instituted prior to you
affording JOBJACK with 7 (seven) business days written notice to remedy any
alleged cause of action.
JOBJACK undertakes to comply with the provisions, duties, and obligations as set
out in POPI and applicable code/s of conduct and regulations published pursuant
thereto and in respect of the lawful processing, retention and/or destruction of
Without derogating from the generality of the aforegoing, JOBJACK undertakes to
take the necessary security measures and precautions in protecting any User’s
Personal Information and maintaining and safeguarding the integrity and
confidentiality of said Personal Information as prescribed in POPI and/or any
JOBJACK respects your privacy and will take all reasonable measures to protect
it, as more fully set out below.
Should you decide to register on the Website, JOBJACK may require you to provide
it with, and you expressly agree and consent that JOBJACK may collect and store,
Personal Information which includes but is not limited to -
your full names and surname;
your identity number;
your email address;
a password; and,
your payment and/or banking details.
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.
Subject to clause 26.9 below, we will not, without your express consent:
use your Personal Information for any purpose other than:
in relation to the posting of or application for a Job;
to contact you regarding current or new Jobs or any other services
offered by JOBJACK (unless you have opted out, objected to and/or
withdrawn consent in respect of receiving marketing material from
to inform you of new features, special offers, and promotions offered by
JOBJACK (unless you have opted out, objected to and/or withdrawn consent
in respect of receiving marketing material from JOBJACK);
to improve your experience on the Website by, inter alia, monitoring
statistical non-personal browsing habits; and
improving our product offering by using your information for internal
research purposes; or
disclose your Personal Information to any third party other than to
JOBJACK’s employees and/or third-party service providers who assist us to
interact with you via the Website, email or any other method for the booking
of Jobs, and thus need to know your Personal Information in order to assist
it to communicate with you properly and efficiently.
JOBJACK shall not process the Personal Information of any and all persons over
the age of 15 (fifteen), but under the age of majority, being 18 (eighteen),
without the necessary and legally prescribed consent;
It is specifically recorded that you expressly consent to JOBJACK providing
and/or disclosing the necessary information to a relevant Client as provided on
the Website and/or your Profile and in terms of these Terms and Conditions. Such
information includes, but is not limited to, your full name and surname, contact
details, and e-mail address.
It is further specifically recorded that any Client receiving such necessary
information shall solely utilize, peruse and/or consider such information for
the purposes of electing, selecting or appointing a Jack for a Job only, and
shall not utilize, use and/or disclose such personal information contrary to
the provisions of POPI and these Terms and Conditions. JOBJACK reserves the
right to institute legal proceedings against any Client who fails and/or
refuses and/or neglects to comply with this clause 26.
Any review you write about the Website, a Jack or a Client on the Website can,
at JOBJACK’s discretion, be displayed to the public.
JOBJACK is entitled to use or disclose your Personal Information if such use or
disclosure is required in order to comply with any applicable law, an order of
court or legal process served on it, or to protect and defend its rights or
JOBJACK will ensure that all of its employees, third party service providers,
divisions and partners (including its employees and third-party service
providers) having access to your Personal Information are bound by appropriate
and legally binding confidentiality and non-use obligations (save as permitted
herein) in relation to your Personal Information and will deal with your
Personal Information in accordance with the requirements as set out in the POPI.
JOBJACK will -
treat your Personal Information as strictly confidential;
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;
provide you with access to your Personal Information to view and/or update
promptly notify you if it becomes aware of any unauthorised use, disclosure
or processing of your Personal Information;
provide you with reasonable evidence of its compliance with its obligations
under this policy on reasonable notice and request;
upon your request, promptly return or destroy any and all of your Personal
Information in its possession or control; and
not retain your Personal Information longer than the period for which it was
originally required, unless it is required by law to do so, or you consent
to it retaining such information for a longer period.
JOBJACK undertakes not to sell or make your Personal Information available to
unless JOBJACK is compelled to do so by law or any court order. In particular,
in the event of a fraudulent payment, JOBJACK reserves the right 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.
Whilst JOBJACK will do all things reasonably necessary to protect your right
to privacy, it cannot guarantee or accept any liability whatsoever for
unauthorised or unlawful disclosures of your Personal Information, whilst in
its possession, made by third parties who are not subject to its control,
unless such disclosure is as a result of JOBJACK’s gross negligence.
IF YOU DISCLOSE YOUR PERSONAL INFORMATION TO A THIRD PARTY, SUCH AS AN ENTITY
WHICH OPERATES A WEBSITE LINKED TO THIS WEBSITE OR ANYONE OTHER THAN JOBJACK,
JOBJACK WILL 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 JOBJACK DOES NOT REGULATE OR CONTROL HOW THAT THIRD PARTY USES
YOUR PERSONAL INFORMATION.
JOBJACK is entitled to disclose Personal Information to its subsidiaries and/or
affiliates and those providers approached by JOBJACK to process data on behalf
of JOBJACK. JOBJACK can also be merged with or purchased by another entity. In
such a case, JOBJACK is entitled to share some or all of your Personal
Information with such entity (which may not use this information in any other
be liable for any loss or damage of any kind arising from the unintended use of
any information provided to such an entity.
By using this Website and communicating electronically with JOBJACK, you consent
to JOBJACK sharing and processing your Personal Information in the manner as set
out in this clause 26.
The Website makes use of “cookies” to automatically collect information and data
through the standard operation of the Internet servers.
“Cookies” are small text files a website can use (and which
JOBJACK may use) to recognise repeat users, facilitate the user’s ongoing access
to and use of a website and allow a website to track usage behaviour and compile
aggregate data that will allow the website operator to improve the functionality
of the Website and its content.
The type of information collected by cookies is not used to personally identify
simple procedure in most browsers that allow you to deny or accept the cookie
feature. Please note that cookies may be necessary to provide you with certain
features available on the Website, and thus if you disable the cookies on your
browser you may not be able to use those features, and your access to the
Website will, therefore, be limited.
If you do accept a “cookie”, you thereby consent to JOBJACK’s use of any
Personal Information collected by it using that cookie subject to the
JOBJACK retains the right to
monitor and analyse your actions on the Website by making use of third-party
tools, which includes but is not limited to Google Analytics and Google
AdWords. Any such use of third-party tools is made with the trust that your
Personal Information will be properly protected; and,
collect your IP information. When you use the Website, JOBJACK collects your
IP address. This address identified your internet service provider but does
not identify you as an individual. JOBJACK can also collect your domain name
address, the type of website software you use and the type of operating
system you use. This information is used to improve user experience and for
general statistical purposes. JOBJACK owns and reserves all rights to
non-personal statistical information which is collected and compiled by
When you register on the Website or send emails to JOBJACK, you consent to
receive communications from JOBJACK electronically in accordance with our
Should you wish to stop receiving electronic communications from JOBJACK, you
can unsubscribe by clicking on the unsubscribe link at the bottom of the
e-mails. By clicking this link you will automatically be removed from our e-mail
be applicable to any service level agreement entered into between JOBJACK and
any Client. The Website might contain links to third party websites which is not
of such websites and JOBJACK will not be liable for the breach of any such
content of the privacy and security policies and measures of third party
ACCESS, ACCURACY AND AMENDMENT OF INFORMATION
JOBJACK will make all reasonable attempts to keep your Personal Information
accurate. You will at all times have access to your Personal Information and
will have the option to correct, complete or object to any information that is
not accurate. Should any information be found to be incorrect or incomplete,
JOBJACK will ensure that this information is corrected or completed as soon as
Reasonable steps will be taken to confirm your identity before access is given
to your Personal Information.
If you notify JOBJACK that you wish for your Personal Information to be deleted
from JOBJACK’s records, JOBJACK will ensure (with notice to you) that it is done
as soon as possible under the circumstances.
E - GENERAL TERMS AND CONDITIONS
REGISTRATION AND USE OF THE WEBSITE
Only Registered Users may post or apply for Jobs on the Website.
You will need to use your unique username and password to access the Website in
order to post or apply for Jobs.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password
whenever attempting to post or apply for a Job, failing which you will be denied
You agree to notify JOBJACK immediately upon becoming aware of or reasonably
suspecting any unauthorised access to or use of your username and password and
to take necessary steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you are 15 (fifteen) years of age or
older. If you are under the age of 18 (eighteen) or if you are not legally
permitted to enter into a binding agreement, then you may use the Website only
with the lawful express written consent, involvement and supervision of your
parent or legal guardian. If your parent or legal guardian supervises you and
provides the necessary legally prescribed consent, then you may be bound to
these Terms and Conditions and may be held liable and responsible for your and
all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other
instruments to interfere or attempt to interfere with the proper working of the
Website. In addition, you agree that you will not in any way use any robot,
spider, other automatic device, or manual process to monitor, copy, distribute
or modify the Website or the information contained herein, without the prior
written consent from an authorised representative of JOBJACK (such consent is
deemed given for standard search engine technology employed by Internet search
websites to direct Internet users to this Website).
USERNAME AND PASSWORD
You hereby undertake to safely store all passwords required for access to, or
use of, this Website and/or Your Profile.
You will be legally bound to any actions on the Website made under Your Profile,
irrespective of whether this was made by you.
You hereby indemnify JOBJACK of any damage, loss or liability of whatsoever
nature caused by the unauthorised access to this Website and/or Your Profile.
CORRECTNESS OF INFORMATION
Any User hereby undertakes to ensure that all information provided to JOBJACK is
correct and updated throughout.
JOBJACK will not be liable for any damage, loss or liability of whatsoever
nature caused by any misrepresentation made by any User in this regard.
Should any User fail to keep his/her information updated and correct throughout,
JOBJACK reserves the right to suspend or remove the User’s Profile from the
EMPLOYMENT AND TAX
It is specifically recorded that JOBJACK is not an employment service and is not
an employer in respect of any Job or towards any Jack.
Jacks are in no way affiliated with JOBJACK and is not an employee,
representative or agent of JOBJACK in any way.
JOBJACK shall in no manner or form be regarded as a temporary employment
JOBJACK will not be liable for any tax or deductions required to be made from
payments made to Jacks (whether by JOBJACK or the Client) including, but not
limited to, unemployment insurance, payroll or employer’s liability.
Should JOBJACK be found to be liable for any tax or deductions in respect of
Jobs, the Client will reimburse and pay JOBJACK an equivalent amount to such tax
or deductions, including any interest or penalties thereon.
No User may contact or engage with another User directly in respect of a Job
posted on the Website, other than through the Website or JOBJACK.
Failure to adhere to this provision may result in Your Profile being removed
from the Website.
INTELLECTUAL PROPERTY, OWNERSHIP AND COPYRIGHT
The Website Content is protected by law, including but not limited to copyright
and trademark law. The Website Content is the property of JOBJACK, its
advertisers and/or sponsors and/or is licensed to JOBJACK.
You will not acquire any right, title or interest in or to the Website or the
Website Content by using or registering on the Website.
Where any of the Website Content has been licensed to JOBJACK 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.
This Website contains content which is owned by or licensed to JOBJACK. This
content includes, but is not limited to, the design, layout, appearance, and
graphics, and may be subject to copyright and/or other design or intellectual
property rights. You and any User may not copy, duplicate or use such
information unless agreed with JOBJACK and/or the right-holder or, in so far as
such use happens when using the Website.
You may not in any way display, publish, copy, print, post or otherwise use any
information and/or content from the Website and/or the information contained
therein without the express prior written consent of an authorised
representative of JOBJACK.
You and any User may not amend, copy, use, reverse engineer or disassemble the
source code of the Website.
Clients and Jacks may have the opportunity to leave a public review
(“Review”) and submit a star rating (“Rating”)
about the other, as provided for in clause 12. and 21. of these Terms and
Ratings and/or Reviews reflect the opinions of individual Users and do not
reflect the opinion of JOBJACK. Ratings and Reviews are not verified by JOBJACK
for accuracy and may be incorrect or misleading.
Ratings and Reviews by Users must be accurate and may not contain any offensive
or defamatory language.
You are prohibited from manipulating the Ratings and Reviews system in any
manner, such as instructing or manipulating a User to write a positive Review
Ratings and Reviews are part of a User’s public profile and may also be surfaced
elsewhere on JOBJACK, together with other relevant information.
By submitting to contributing to a Review, you grant JOBJACK an unlimited,
global, non-exclusive, irrevocable, perpetual, copyright-free, fully paid-up,
right to use, make, reproduce, display, publish, upload, mail, to change and/or
create derivative works therefrom, to transfer, distribute, to sell or offer for
sale, sub-license and to authorise a third party to do the above.
You represent and warrant that you have sufficient rights in that content or
information forming part of the Review to grant the above rights and licenses.
In addition, you choose to waive any credentials to the content you submit.
In addition, by uploading, submitting or otherwise making available any content
in a review on the Website, you grant JOBJACK the right to display your username
and/or full name with any part of the review anywhere on the Website.
USE OF HYPERLINKS
This Website may contain links (hyperlinks) 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 JOBJACK is not responsible for the practices and/or
privacy policies of those Third-Party Websites or the “cookies” that those sites
Where we provide a link to a Third-Party Website, we do so with the
understanding that such website contains or may contain information that is
relevant to JOBJACK. By linking to Third Party Websites, we do not create or
have an affiliation with or sponsor such websites. The inclusion of links of
this nature does not indicate that JOBJACK has reviewed such website’s content,
products or services. The inclusion of such links within our Website does not
constitute any endorsement, guarantee, warranty, or recommendation of such
Third-Party Website and does not imply that JOBJACK associates or supports the
content, products or services on such website.
Notwithstanding the fact that the Website may refer to or provide links to
Third Party Websites, your use of such Third-Party Websites is entirely at
your own risk and you agree and confirm that JOBJACK shall not be held
responsible or liable 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 thereon.
No User of the Website may establish a hyperlink, frame, metatag or similar
reference, whether electronically or otherwise (collectively “linking”) to the
Website or any of the Website’s subsidiary pages, unless such User has obtained
prior written consent from a duly authorized representative of JOBJACK, which
consent may be withheld or provided on such terms and conditions that shall be
in the sole and absolute discretion of JOBJACK.
The Website or any part thereof may not be framed, deep linked or mirrored
without the prior obtained written consent of JOBJACK.
Any comments, reviews or message boards made by Users and reflected, contained
or published on the Website do not necessarily represent the views of JOBJACK
whatsoever and JOBJACK shall not be held liable for the contents thereof.
AVAILABILITY, ACCESS AND TERMINATION
JOBJACK does not represent that his Website will be available at all times or at
any specific time.
JOBJACK will use all reasonable endeavours to maintain the availability of the
Website, except during scheduled maintenance periods. JOBJACK, however, reserves
the right to remove this Website or any parts of this Website in whole or in
part without notice.
JOBJACK may in its sole discretion terminate, suspend and modify the Website,
with or without notice to you.
You agree that JOBJACK will not be liable to you in the event that it chooses
to suspend, modify or terminate the Website, but to the extent possible
If a Jack is offered a Job (whether Permanent, Part-Time or Once-Off)
JOBJACK shall attempt to facilitate necessary correspondence between Jack
and Jack-Poster as may be required from time to time.
Attempt to process any requests for interviews made by Client and prior
to such time and to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions,
including any incident involving payment of any due Commission’s and/or
applicable Profile Hosting Fee/s, and you fail to remedy such failure within 7
(seven) calendar days of notice to you by JOBJACK, this may (in our sole
discretion) lead to a suspension of your access to the Website without any
prejudice to any claims for damages or otherwise that JOBJACK may have against
JOBJACK hereby selects, 3 High Street, Rosenpark, Cape Town 7530 as its address
for the service of all formal notices and legal processes in connection with
these Terms and Conditions (“nominated address”). JOBJACK may
change this address from time to time by updating these Terms and Conditions.
You hereby select the residential address, e-mail and/or cellphone number
specified for Your Profile as the address at which to receive any formal notice
or legal processes in connection with these Terms and Conditions (your
“domicilium citandi et executandi”).
Notices must be sent either by hand or email and must be in English. All notices
by hand will be deemed to have been received on the date of delivery;
by email will be deemed to have been received at 9h00 on the date following
the date on which the e-mail has been sent, provided that no failure of
delivery report was received by the sender following the sending of the
CHANGES TO THESE TERMS AND CONDITIONS
JOBJACK may, in its sole discretion, change any of these Terms and Conditions at
any time. It is the User’s responsibility to regularly check these Terms and
Conditions and make sure that the User acquaints himself/herself and is
satisfied with any and all changes thereto. Should any User not be satisfied,
alternatively not agree to the Terms and Conditions, the User shall by his/her
use either expressly or tacitly confirm and agree to the Terms and Conditions
and to be bound thereby.
Any changes as provided for in 41.1. above will only apply to any User’s use of
this Website after the change is displayed on the Website. If a User makes use
of the Website after such amended Terms and Conditions have been displayed on
the Website, you will be deemed to have accepted such changes.
The last update to these Terms and Conditions was made
27 October 2020.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions 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.
Any User’s continued use of the Website will constitute such User’s 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.
Nothing in this clause 42 or the Terms and Conditions limit your right to
approach any court, tribunal or forum of competent jurisdiction in terms of the
JOBJACK will not be liable for any cost incurred by any User for professional
advice regarding these Terms and Conditions.
Should JOBJACK instruct its attorneys to collect any overdue amounts, or to take
any action against any User in the implementation, protection and/or enforcement
of JOBJACK’s rights under these Terms and Conditions or otherwise, JOBJACK shall
be entitled to the recovery of any and all legal or collection costs arising
therefrom, on the scale as attorney and own client, including the costs of
counsel (if applicable).
For the purposes of the Electronic Communications and Transactions Act, Nr. 25 of
2002, JOBJACK’s information is as follows, which should be read in conjunction with
its service descriptions and other terms and conditions contained on the Website:
Full name: JOBJACK (Pty) Ltd, a private company registered in South Africa with
registration number 2017/378425/07
Main business: Online platform
Physical address for receipt of legal service (also postal and street address):
3 High Street, Rosenpark, Cape Town 7530
Office bearers: Heine Philip Bellingan and Christiaan Theron van den Berg
Phone number: 081 539 4436
Official email address: admin@JOBJACK.co.za
JOBJACK reserves the right to investigate complaints or reported violations of
these Terms and Conditions and to take any action it deems appropriate,
including but not limited to cancelling Your Profile, reporting any suspected
unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such persons
or entities relating to Your Profile, email addresses, usage history, posted
materials, IP addresses and traffic information, as allowed under our Privacy
Policy and/or any applicable law or court order.
Any electronic signature lawfully recognized in terms of the provisions of the
Electronic Communications and Transactions Act, 25 of 2002, shall be recognized,
sufficient and accepted as a “signature” for the purposes of this agreement.
You may not cede, assign or otherwise transfer your rights and obligations in
terms of these Terms and Conditions to any third party.
Any failure on the part of you or JOBJACK to enforce any right in terms hereof
shall not constitute a waiver, nor a novation of that right.
If any term or condition contained herein is declared invalid, the remaining
terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and
Conditions will be of any force or effect unless it is reduced to writing and
accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any 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.
These Terms and Conditions contain the whole agreement between you and/or any
User of the Website and JOBJACK and no other warranty or undertaking is valid
unless contained in this document between the parties.
If any provision or part of a provision in these terms is held to be invalid,
void, or unenforceable, such provision (or the part of it that is making it
invalid, void or unenforceable) will be struck, severed from and not affect the
validity of and enforceability of the remaining provisions, which shall remain
in full force and effect unless found otherwise by a competent court order.