unitalentza Terms & Conditions

UNITALENTZA.CO.ZA PLATFORM: TERMS OF USE

Last Modified: 4 March 2021

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Executive Leadership (Pty) Ltd, including each of its affiliates and subsidiaries (collectively, "Unitalentza", "we", or "us"). These terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Unitalentza platform located at https://www.unitalentza.co.za/ (the "Platform"), including any content, functionality, services or products available to you on or through the Platform.

Please read these Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and by our Privacy Policy , which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy , you must not access or use the Platform.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Platform Users

These Terms of Use apply to you whether you are a user of the Platform that is:

• a client of Unitalentza that is a South African academic institution (“Unitalentza Client”) or an employee, contractor or other authorised user of a Unitalentza Client (“Client User”);
• a candidate that is a South African citizen registering on the Unitalentza Platform (“Unitalentza Candidate”); or
• an employee, contractor or authorised user of Unitalentza (“Unitalentza Staff User”).

4. Purpose of the Platform

The Unitalentza Platform is a trusted resource that has been created for the benefit of all of its users. In particular, the Unitalentza Platform benefits the following:

• Unitalentza Clients – the Platform allows you to post your available academic or academic support positions at South African institutions and review the profiles of top South African talent that meet your requirements.
• Unitalentza Candidates – the Platform allows you as a South African citizen to register and submit your profile information, including experience, qualifications and contact information amongst other details, and be selected for, or apply for, positions at South African academic institutions that suit your profile.
• Unitalentza Staff Users – your use of the Platform is to facilitate the posting of positions by Unitalentza Clients and the registration of Unitalentza Candidates and submission of their profiles, and the subsequent recruitment of Unitalentza Candidates by Unitalentza Clients.

5. Accessing the Platform and Account Security

We reserve the right to terminate or modify the Platform and any services, data or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform.

You are responsible for both:

• making all arrangements necessary for you to have access to the Platform; and
• ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with and use the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is also governed by our Privacy Policy , and you agree to all actions we take with respect to your information consistent with our Privacy Policy .

If you create, or are provided with, a username (email), password, or any other piece of information as part of the Platform’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username (email), password, or other security information. You will be held responsible for any action taken via your account and will be held accountable for the validity of anyone that you invite to join the Platform.

You agree to notify us immediately of any unauthorized access to or use of your username (email) or password or any other breach of security. You also agree to ensure that you exit/logoff from the Platform at the end of each session. You should use particular caution when accessing the Platform from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username (email), password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. User Contributions

The Platform contains profiles, postings and other interactive features (chatbox, forums, etc)(collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

More specifically, the Platform allows: (i) Unitalentza Candidates to create candidate profiles that are accessible by Unitalentza Client’s and Client Users, which profiles are included within the definition of User Contributions; and (ii) Unitalentza Clients and Client Users to create job postings that are accessible by Unitalentza Candidates; which candidate profiles and job profiles are included within the definition of User Contributions. All User Contributions must comply with the Content Standards set out below in these Terms of Use.

By posting any User Contribution on the Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, process, reproduce, adapt, distribute and publish such User Contribution as we deem reasonably necessary in connection with our business (such as in order to promote Unitalentza’s products and services) and to fulfil our contractual relationship with you. User Contributions may not have been verified or approved by us and we have no obligation to do so. The views expressed by other users on the Platform do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at unitalentza.co.za.

You represent and warrant that:

• you own or have all necessary licenses and rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates; and
• all of your User Contributions do and will comply with these Terms of Use.

As a Unitalentza Client, Client User or Unitalentza Candidate, you understand and acknowledge that you are solely responsible for any User Contributions you post, and you, not Unitalentza, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted Unitalentza Clients, Client Users or Unitalentza Candidates.

7. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable laws, rules and regulations. User Contributions must be accurate and kept up-to-date.

Without limiting the foregoing, User Contributions must not:

• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy ;
• be likely to deceive any person;
• promote any illegal activity, or advocate, promote, or assist any unlawful act;
• impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• involve commercial activities or sales, such as contests, sales promotions, barter, or advertising; and/or
• give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

8. Prohibited Uses

You may use the Platform only for lawful purposes, such as in order to fulfil your contract with us and for your legitimate business activities with us and in accordance with these Terms of Use. You agree not to use the Platform:

• in any way that violates any applicable law, rule or regulation;
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below in these Terms of Use;
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• to impersonate or attempt to impersonate Unitalentza, a Unitalentza Staff User, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and/or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Unitalentza or users of the Platform, or expose them to liability.

You agree not to:

• use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
• use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• use any device, software, or routine that interferes with the proper working of the Platform;
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, or database connected to the Platform;
• attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and/or
• otherwise attempt to interfere with the proper working of the Platform.

Additionally, you agree that:

• if you are a Unitalentza Client or Client User, you may have access to non-public confidential information about Unitalentza Candidates, such as full names, contact details, experience and qualifications, and accordingly you agree as follows:
• you may share this information with your Unitalentza Client colleagues only, without exception, and this includes not sharing this information with any of your Unitalentza Client partner or vendor companies or other third parties; and
• this sharing of information is only permitted through the functionality available on the Platform;
• you will not reproduce or publicly display any profile information about Unitalentza Candidates or Unitalentza Staff Users;
• you will not conduct automated queries on the services provided by the Platform; and/or
• you will not access or use the Platform or any of the products or services provided by the Platform to develop competitive products or services.

9. Fees

Unitalentza Candidates: There are no fees for Unitalentza Candidates registering and creating a candidate profile on the Platform. Unitalentza Clients:

• Job postings:
• You will be charged the current fees for job-unit bundles, discounted according to bundle size, as set out on the Platform or in the up to date pricing schedule that we provide to you. One job-unit permits the posting of one job only.
• Job postings will be valid for a period of 30 days following which they will expire and no longer appear on the Platform.
• Payment for job-unit bundles will be by way of credit card payment at the time.
• A Unitalentza Staff User will contact you weekly to address support information.
• You may ask Unitalentza to remove a job posting at any stage, providing the reasons for removal (for example, withdrawal of the position or matching of a Unitalentza Candidate).
• Candidate selection and recruitment:
• You will first be shown limited profiles of Unitalentza Candidates with non-identifiable information that meet your requirements.
• You will then be able to view the full profiles of any Unitalentza Candidates that you select. In order to proceed to this step you agree to pay the Matching Fee (defined below).
• You will pay a matching fee (“Matching Fee”) for any Unitalentza Candidate that you hire or otherwise engage calculated as follows: two (2) percent of the total annual cost of employment of the Unitalentza Candidate meaning (i) annual salary plus benefits (including target bonus) if the Unitalentza Candidate is hired as an employee or (ii) annualized contracted fee if the Unitalentza Candidate is engaged in any other capacity, whether as a contractor or otherwise.
• A Unitalentza Staff User will contact you weekly to address support information.
• You may ask Unitalentza to remove a job posting at any stage, providing the reasons for removal (for example, withdrawal of the position or matching of a Unitalentza Candidate.
• If the position is matched, Unitalentza will deliver an invoice to you, which invoice is due and payable upon presentation.

Prices and fees are subject to change at our sole discretion.

10. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Unitalentza, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, legitimate business interests with Unitalentza only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

• your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• you may store files that are automatically cached by your web browser for display enhancement purposes; and
• you may not extract data or present data elsewhere within the Platform outside of the ways that are made directly available to you through the Platform. For example, you may not take screenshots of the Platform. Sharing of information is only permitted through the functionality that is made available on the Platform.

You must not:

• modify copies of any materials from the Platform; or
• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Unitalentza. Any use of the Platform not expressly permitted by these Terms of Use is prohibited, constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

11. Trademarks

The Unitalentza name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Unitalentza or its affiliates or licensors. You must not use such marks without the prior written permission of Unitalentza. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

12. Monitoring and Enforcement; Termination

We have the right to:

• remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create a risk or liability for Unitalentza;
• disclose your identity and other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or violation of these Terms of Use; and
• terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS UNITALENTZA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UNITALENTZA DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER UNITALENTZA OR LAW ENFORCEMENT OR OTHER GOVERNMENT AUTHORITIES.

13. Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to feedback@unitalentza.co.za. It is the policy of Unitalentza to terminate the user accounts of repeat infringers.

14. Changes to the Platform

We aim to keep the content on this Platform up-to-date and accurate, but at times the content may not be complete or current.

15. Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy . By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy .

16. Links from the Platform

If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Geographic Restrictions

The owner of the Platform is incorporated and registered in the Republic of South Africa and has its registered office in the Western Cape. We provide this Platform for use by academic institutions that are located in South Africa, and by candidates that are South African citizens and may located in South Africa or worldwide. Access to the Platform may not be legal by certain persons or in certain countries and should you access the Platform from those countries, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UNITALENTZA NOR ANY PERSON ASSOCIATED WITH UNITALENTZA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER UNITALENTZA NOR ANYONE ASSOCIATED WITH UNITALENTZA REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, UNITALENTZA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE MAXIMUM LIABILITY OF UNITALENTZA, AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED ZAR1 000.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct or to death or bodily injury caused by products or services you purchase through the Platform.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Indemnification

You agree to defend, indemnify, and hold harmless Unitalentza, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

21. Soliciting Unitalentza Candidates

In the event that a Unitalentza Client or Client User identifies an Unitalentza Candidate within the Platform and solicits the Unitalentza Candidate outside of the Platform, the Unitalentza Client will be subject to:

• the Matching Fee defined above, meaning two (2) percent of the total annual cost of employment of the Unitalentza Candidate; and
• a penalty fee of ZAR10 000.

In the event that the engagement of Unitalentza Candidates by a Unitalentza Client is governed a separate contract, the non-solicitation restrictions and fees in that contract will apply.

22. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to its principles relating to conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the Cape Town Magistrates Court or the Western Cape High Court. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and Severability

No waiver by Unitalentza of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Unitalentza to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Survival

On termination of these Terms of Use, the following sections along with this section shall continue in force: Sections 10, 11, 19, 20, 22 – 28.

26. Entire Agreement

These Terms of Use which incorporate our Privacy Policy [insert link] and any other contractual documentation which we have entered into with you constitute the sole and entire agreement between you and Executive Leadership (Pty) Ltd regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

27. Conflicts with Other Terms and Conditions

The relationships and transactions facilitated through the Platform, including the posting of available positions by Unitalentza Clients, or the engagement of Unitalentza Candidates by Unitalentza Clients, may be governed by other contracts that you enter into with us with respect these services. Your use of the Platform is subject to any other contracts you may have with us, and in the event of any conflict between these Terms of Use and any contract you have with us, the terms of such contract will prevail.

28. Your Comments and Concerns

The Platform is operated by Executive Leadership (Pty) Ltd whose registered office is at Unit O, Exeter Park, 6 Indian Road, Kenilworth, Cape Town.

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed in the first instance to: feedback@unitalent.co.za.