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Terms and Conditions

(1) Introduction

These terms and conditions were last updated in January 2009 and disclose the terms and conditions of use for the Hoteljobs South Africa CC website residing at the following URL: http://www.hoteljobs.co.za (hereinafter referred to as hoteljobs.co.za). The terms "you", "your" and "user" are used herein to refer to all individuals and/or entities accessing this website for any reason.

These terms of use are divided into 3 parts. Part A contains general terms relating to the use of our website; Part B contains special terms relating to registered jobseekers; and Part C contains special terms relating to registered recruiters.

By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with the website as a jobseeker or a recruiter, we will ask you to expressly agree to these terms of use.

PART A

(2) Use of this website

Unless otherwise stated, hoteljobs.co.za owns the intellectual property rights in the website and material on the website. Subject to the conditions below, all these intellectual property rights are reserved. You expressly agree that no rights, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying.

You may view, download for caching purposes only, and print pages from the website for your own personal and internal business use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  1. republish material from this website (including republication on another website);
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  5. edit or otherwise modify any material on the website; or
  6. redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

As part of our commitment to provide an excellent service to all our customers, hoteljobs.co.za may need to apply a Fair Usage Policy (FUP) at times, if required. This is to ensure we provide a fair and consistent service to all.

(4) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a Username and password to enable you to access restricted areas of our website or other content or services, you must ensure that that Username and password is kept confidential.

We may disable your Username and password in our sole discretion without notice or explanation.

(5) User generated content

In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy, or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of any contractual obligation owed to any person;
  11. depict violence in a explicit, graphic or gratuitous manner;
  12. be pornographic or sexually explicit;
  13. be untrue, false, inaccurate or misleading;
  14. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  15. constitute spam;
  16. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  17. cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6) Accuracy and Completeness of Information

While Hoteljobs.co.za strives to ensure that the information contained on this Site is accurate and reliable, we make no warranties as to the accuracy, correctness or completeness of any such information and assume no liability or responsibility for any omissions or errors in the content of this Site.

(7) Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Hoteljobs.co.za acts as a platform for recruiters and employers to advertise job opportunities and for job seekers to post Curriculum Vitae’s. Hoteljobs.co.za is not considered to be a recruiter and/or Employer with respect to the use of the website and shall not be responsible for any user entering into any agreements or making decisions of whatever nature resulting from the posting of jobs, Curriculum Vitae's or any other information obtained on this website.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  1. we will not be liable for any consequential, direct, indirect, incidental, punititive or special loss or damage;
  2. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
  3. we will not be liable for any loss or damage arising out of any event or events beyond our control;
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(10) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you (including for the avoidance of doubt registered jobseekers and registered recruiters) breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact your internet services provider and request that they block your access to the website;
  6. bring court proceedings against you for breach of contract or otherwise;
  7. suspend and/or delete your account with the website; and/or
  8. delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you may not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(11) Third party websites

Hoteljobs.co.za includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(12) Trade marks

Hoteljobs.co.za and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. Our trademark is currently pending registration. Details can be made available on request.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(13) Competitions

From time to time hoteljobs.co.za may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate)

(14) Variation

Hoteljobs.co.za may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(15) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

(16) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(17) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(18) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(19) Law and jurisdiction

These terms of use will be governed by and construed in accordance with South African law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of South Africa.

(20) Our details

The full name of our company is Hoteljobs South Africa CC.

We are registered in South Africa under registration number 2009/004727/23.

Our registered address is 43 David Road, Scottburgh, 4180, Kwazulu Natal.

You can contact us by email on [email protected].

PART B: JOBSEEKERS

(21) Registering as a jobseeker

In order to register free-of-charge as a jobseeker with our website, you will need to take the following steps: Complete the registration form with the following information, Full Name, Last Name, your email address, Create a password for your account.

(22) Jobseeker warranties and undertakings

By registering as a jobseeker, you warrant that all information you provide to us and to any registered recruiter via or in relation to our website (including without limitation all information in your CV and profile) is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each jobseeker with a login and password to enable the jobseeker to access restricted areas of our website. Jobseekers must ensure that their login and password details are kept confidential.

(23) Jobseeker services

Registered jobseekers may have access to additional website areas and features (which we will determine in our sole discretion) which may include:

  1. the facility to upload a CV and/or profile into our database, to enable registered recruiters to search for the CV/profile, assess whether the jobseeker may be suitable for a role, and contact the jobseeker where appropriate;
  2. the facility to limit the disclosure of confidential information to recruiters;
  3. a facility to enable the jobseeker to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us.

(24) Your relationship with recruiters

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered recruiters who advertise on our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions of omissions of a recruiter (subject to the first paragraph of Section 8 above).

(25) Cancelling your account etc.

You may delete your jobseeker account using the website interface at any time.

You acknowledge that the website services are provided free-of-charge, and that we may at any time, with or without notice or explanation, delete the jobseeker's account and/or discontinue the website and/or website services.

PART C: RECRUITERS

(26) Registering as a recruiter

In order to register as a recruiter with our website, you will need to take the following steps: Complete the registration form with the following information, Full Name, Last Name, your email address, Create a password for your account.

We will not file a copy of these terms of use specifically in relation to each registered recruiter and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that recruiters print and file a copy of these terms of use for future reference.

(27) Recruiter charges

The charges payable by recruiters will be as set out on our website from time to time. You must pay to us the applicable charges in advance, in cleared funds, in accordance with the instructions on our website. All charges stated on the website are VAT exempt.

If you hold an account with us, invoices will be payable within 28 days from invoice date. Late payment will entitle us to suspend provision of Services. We may vary charges from time to time by posting new charges on our website. However, such variations will not affect services that have already been paid for.

A job posted on hoteljobs.co.za will remain live for 28 days. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs. All our job credits, except monthly unlimited postings will be transferable to the next month, and the following months thereafter. The Customer will be responsible for payment for any unused Services. From time to time we might issue complimentary credits, which will expire within 30 days; details will be given when complimentary credits are issued.

Due to South African restrictions, payments via PayPal will reflect in British Pound.

Important Note when buying the Unlimited Package via PayPal:

If you purchase an Unlimited Package via PayPal, PayPal will automatically re-bill you and re-new your Unlimited Package. If you wish to cancel the automatic re-billing, then simply log in to your PayPal account and cancel it from there. You can do this at any time.

(28) Recruiter warranties and undertakings

By registering as a recruiter, you warrant that all information you provide to us and to any registered jobseeker via or in relation to our website (including without limitation all information in job advertisements) is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each recruiter with a login and password to enable the recruiter to access restricted areas of our website. Recruiters must ensure that their login and password details are kept confidential.

Recruiters undertakes to ensure that all job advertisements that they submit to the website for publication are true, accurate, fair and complete advertisements for bona fide jobs.

Recruiters must only use our database of jobseekers for the sole purpose of seeking candidates to fill bona fide jobs; and recruiters must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database.

(29) Recruiter services

Registered recruiters will have access to additional website areas and features (which we will determine in our sole discretion) which may include:

  1. the ability to post advertisements on our website;
  2. access to our database of jobseekers via the website;
  3. any other services specified on our website from time to time.
These recruiter services may be accessed in such way, subject to such limitations and for such period, as may be specified on our website from time to time.

(30) Job posting rules

Hoteljobs.co.za have rules regarding the content and format of jobs posted on hoteljobs.co.za. Their purpose is to ensure that users who search the site or the hoteljobs.co.za database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from hoteljobs.co.za any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly. Our rules are:

  1. No duplicating of jobs at the expense of other clients' jobs.
  2. No multiple use of keywords in job descriptions or job titles. Multiple means deliberately inserting words, strings of words, or repeating job titles.
  3. Job advertisements placed on hoteljobs.co.za must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'. We do not except ads that says for example: "Hundreds of chef jobs available". Jobs must be specific and genuine!
  4. URLs or email links are not permitted in the body copy of the job description page. Email links are only permitted where we ask you to enter them.

(31) Your relationship with jobseekers

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to the first paragraph of Section 8 above).

(32) Recruiter warranties

We warrant to recruiters that we will perform the paid-for recruiter services with reasonable care and skill.

We do not warrant that recruiters will receive any applications in relation to job advertisements; nor do we warrant that our jobseeker database will hold information regarding jobseekers that may be suitable for the positions that the recruiter requires to be filled.

(33) Cancelling your account etc.

You may delete your recruiter account using the website interface at any time. We may cancel your recruiter account in accordance with the provisions of Section 9.

We may also cancel your recruiter account without cause by giving you at least 30 days' written notice of cancellation. Where we cancel your account on this basis, you will be entitled to a (pro-rated) refund of any element(s) of the charges paid to us in respect of the provision of services during any period after the date of effective cancellation of your account (and we will calculate the amount of such refund using any reasonable methodology).

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