GIRAFFE TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
All services offered by GIRAFFE to the APPLICANT shall be governed strictly and exclusively on the basis of these terms and conditions of sale. These terms and conditions supercede any terms and conditions stipulated by the APPLICANT.
2. THE SERVICES
SERVICES means the collection of data, creation of a CV, identifying job opportunities and forwarding the APPLICANT’s CV to a potential employer.
The price of the services supplied or rendered by GIRAFFE shall be R2-00 PER SMS sent by the APPLICANT. GIRAFFE reserves the right to change its prices from time to time as it, in its discretion, deems fit.
There is no charge by GIRAFFE for the mobile internet based form of application, however, the data charges by the APPLICANT’s carrier will be for the APPLICANT’s cost.
4. OFFER AND ACCEPTANCE
The APPLICANT will complete a series of questions, being the APPLICATION, which will commence after they SMS a keyword to 34345, alternatively by logging onto the GIRAFFE website. Once the APPLICATION is complete the APPLICATION will be considered an irrevocable offer of the APPLICANT’s services.
The OFFER by the APPLICANT will be capable of acceptance or rejection by GIRAFFE based on its criteria for validity of a candidate.
GIRAFFE shall not accept orders that are not written.
Payment is made to the APPLICANT’s carrier immediately upon sending the SMS.
GIRAFFE shall not be liable to the APPLICANT in any manner in the event of impossibility or delay of GIRAFFE service provision due to circumstances entirely beyond the control of GIRAFFE, such as but not limited to those described below, and where GIRAFFE informed the APPLICANT as soon as it became aware of impossibility or delay in the service provision.
GIRAFFE shall not be liable to the APPLICANT in the case where the APPLICANT incorrectly answers the questions or is dishonest on its application.
GIRAFFE shall not be liable for any harm caused by the services to a third party if the harm caused to the third party is due to the APPLICANT providing inadequate information in respect of the APPLICATION to the third party.
Should the APPLICANT breach any of the other terms and conditions contained herein (all of which are deemed material) or commit an act of insolvency, or allow a judgment to be entered against the APPLICANT, or be provisionally or finally sequestrated, or in the opinion of GIRAFFE has a cash flow problem or other financial or commercial difficulty which may in any way whatsoever negatively impact upon the ability of the APPLICANT to comply with any of its current of future obligations in terms of this or any other contract of the APPLICANT with GIRAFFE, then GIRAFFE without prejudice to and in addition to its other legal remedies shall be entitled to cancel this contract or any unfulfilled part thereof.
8. LEGAL PROCEEDINGS
Regardless of the place of execution or performance under these terms and conditions or domicile of the APPLICANT, these terms and conditions and all modifications and amendments hereof, shall be governed by and decided upon and constructed under and in accordance with the laws of the Republic of South Africa.
The APPLICANT hereby submits to the jurisdiction of Magistrates Court, notwithstanding that the amount of GIRAFFE's claim may exceed the jurisdiction of the Magistrates Court.
The APPLICANT's physical address as given on the questionnaire, shall be recognized as the APPLICANT's address for receipt of notices and execution of legal documents for all purposes in terms of this agreement whether in respect of the serving of any court process, notices, the payment of any amount or communications of whatever nature. GIRAFFE chooses its domicilium as Postnet Benmore, Postnet suite 1123, Private bag x9, Benmore 2010
All legal costs, including attorney and APPLICANT costs, tracing agent's fees and collection charges which may incur in taking any steps pursuant to any breach by the or enforcement of these terms and conditions.
9. ALTERNATIVE DISPUTE RESOLUTION
Where a statutory or accredited ombud has jurisdiction in terms of the Consumer Protection Act, all disputes falling under the jurisdiction of said ombud shall be referred to the ombud for a recommendation.
Where there is no ombud as contemplated in 19.1, and the dispute is one falling under the Consumer Protection Act, an Alternative Dispute Resolution Agent referred to therein shall be appointed to mediate the dispute or, by agreement between the APPLICANT and GIRAFFE, the dispute will be referred to Arbitration as contemplated in 19.3 to 19.6 below.
GIRAFFE and the APPLICANT may agree to refer any dispute arising from or in connection with this agreement to arbitration, which arbitration shall be final and binding on both GIRAFFE and the APPLICANT and shall only be subject to Review by the High Court if one of the established grounds for review exist and under no circumstances shall the arbitrator’s decision be appealed to the High Court or any other body.
When GIRAFFE and the APPLICANT have agreed to refer the matter to arbitration in terms of 9.3 above, in the interests of a speedy and cost effective resolution of the dispute, a short form or expedited form of arbitration shall be adopted and the rules of the arbitration shall not require that any party prepare and file any documents in a form identical to or similar to that of Court pleadings and Heads of Argument. This informality shall not detract from the onus to commence and the burden of proof, which shall follow the High Court practice in this respect.
The arbitrator must be a person agreed upon by the parties and shall at least hold a tertiary qualification in the technical field of the dispute, except where the dispute relates predominantly to the interpretation of this agreement or any law, regulation, or by-law, in which case the appointed arbitrator shall have at least 10 years practical experience as an attorney in private practice or as an advocate of the High Court
Failing the agreement on the appointment of an arbitrator or the rules of the arbitration, an arbitrator must be appointed by the Arbitration Foundation of South Africa, who shall then finally resolve the dispute in accordance with the rules of the Arbitration Foundation of South Africa.
This contract represents the entire agreement between GIRAFFE and the APPLICANT and shall govern all future contractual relationships between GIRAFFE and the APPLICANT and shall also be applicable to all debts, which the APPLICANT may owe to GIRAFFE prior to the APPLICANT's signature hereto.
The APPLICANT acknowledges that it is aware that GIRAFFE'S dealers and sales persons have no authority to vary these terms and conditions of sale, and GIRAFFE assumes no liability and shall not be bound by any statements, warranties or representations made by such dealers and or sales persons, save as expressly stated in writing and signed by a manager or a director of GIRAFFE duly authorized thereto whose names are available on request.
No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, shall be of any force or effect unless reduced to writing and signed by, the APPLICANT, and a director of GIRAFFE. No agreement purporting to obligate GIRAFFE to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions, shall be of any force or effect, unless reduce to writing and signed by the APPLICANT, and a director of GIRAFFE.
The APPLICANT acknowledges that no warranties, representations or guarantees have been made by GIRAFFE or on behalf of GIRAFFE, which may have induced the APPLICANT to sign this agreement.
No relaxation or indulgence which GIRAFFE may give at any time in regard to the carrying out of the APPLICANT's obligations in terms of any contract shall prejudice or be deemed to be a waiver of any of GIRAFFE'S right in terms of this agreement.
The APPLICANT shall not cede its rights nor assign its obligation in terms hereof without GIRAFFE'S prior written consent thereto.
GIRAFFE shall at any time in its sole discretion be entitled to cede all or any of its rights in terms of this application for credit facilities including all terms and conditions to any third party with prior notice to the APPLICANT.
The APPLICANT undertakes to notify GIRAFFE in writing within a period of 7 (seven) days of any change of address, change in ownership, name change or any changes in information as set out in this agreement and shall likewise inform the APPLICANT of any such changes affecting GIRAFFE.
The headings in this document are included for convenience only and are not to be taken into account for the purpose of interpreting this agreement.
Each of the terms herein shall be a separate and divisible term and if any such term becomes unenforceable for any reason whatsoever, then the term shall be severable and shall not affect the validity of the other terms.
Provided that they do not conflict with any of the terms and conditions contained herein, such as general practices, terms and conditions applicable to the industry in which GIRAFFE conducts business shall be applicable to all dealings between GIRAFFE and the APPLICANT.
11. FORCE MAJEURE
To the extent any incident or circumstance beyond GIRAFFE'S control (including natural occurrences, war, strikes, lock-outs, shortages of energy, breakdown of systems or equipment, fire, explosion, acts of Government), reduces the availability of the service such that GIRAFFE cannot fulfill its obligations under this agreement, and GIRAFFE has informed the APPLICANT accordingly and without delay, GIRAFFE shall:
(i) be relieved from its obligations under this agreement to the extent that GIRAFFE is prevented from performing such obligations and
(ii) have no obligation to procure goods from other sources. If the aforementioned occurrences last for a period of more than 3 (three) months, GIRAFFE is entitled to withdraw from the agreement without the APPLICANT having any right to compensation.
12. DISCLOSURE OF PERSONAL INFORMATION
The APPLICANT understands that the personal information given in the APPLICATION is to be used by GIRAFFE for the purpose of assessing the APPLICANT's employability. The APPLICANT confirms that the information given is accurate and complete The APPLICANT further agrees to update the information supplied, in order to ensure the accuracy and completeness of the information given, failing which GIRAFFE will not be liable as a result of any inaccuracies or lack of completeness of information.
GIRAFFE has the APPLICANT's consent at all times to contact and request information from any persons, credit bureaus or business, including those mentioned in the APPLICATION and to obtain any information relevant to the APPLICANT's APPLICATION, including but not limited to information regarding the employability of the APPLICANT.
The APPLICANT agrees and understands that information given in confidence to GIRAFFE by a third party on the APPLICANT will not be disclosed to the APPLICANT.
The APPLICANT hereby consents to and authorises GIRAFFE at all times to furnish credit information concerning the APPLICANT's dealings with GIRAFFE to a credit bureau and to any third party seeking a trade reference regarding the APPLICANT in his dealings with GIRAFFE.
13. NATIONAL CREDIT ACT
It is agreed that the National Credit Act ("the NCA") does not apply to any transaction between GIRAFFE and the APPLICANT, as no credit agreement is concluded between GIRAFFE and the APPLICANT.
14. CONSUMER PROTECTION ACT
GIRAFFE recognizes that its APPLICANT’s may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the APPLICANT’s rights. Likewise, the APPLICANT recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the APPLICANT shall perform its obligations under these terms and conditions.
Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing and if received or deemed to be received by the addressee as stipulated in 15.2 and 15.3 below.
Any notice to a party sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 7th business day after posting (unless the contrary is proved).
Any notice to a party delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.
16. INFORMATION AND DATA
Any information and data provided by the APPLICANT to the GIRAFFE and used by GIRAFFE directly or indirectly in the performance of this Agreement shall remain at all times the property of the APPLICANT. It shall be identified, clearly marked and recorded as such by GIRAFFE on all media and in all documentation.
GIRAFFE shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the APPLICANT’s data and information.
In the event of termination of this Agreement GIRAFFE shall, when directed to do so by the APPLICANT, notify and instruct all its agents and sub-contractors to, erase all information and data provided by the APPLICANT and all copies of any part of the information and data provided by the APPLICANT from GIRAFFE’S systems and magnetic data, if any.
GIRAFFE agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time):
The Protection of Personal Information Act 24 of 2013 (hereinafter referred to as POPI);
The Electronic and Telecommunications and Transactions Act No 25 of 2002;
The Consumer Protection Act No 68 of 2008;
The Electronic and Communications Act No 36 of 2005;
The Promotion of Access to Information Act No 2 of 2000
All personal data acquired by GIRAFFE from the APPLICANT shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of the APPLICANT.
Nothing in this Agreement shall oblige the APPLICANT to disclose any information to GIRAFFE if it is of the view that to do so would be a breach of POPI.
In performing its obligations under this Agreement the APPLICANT undertakes to comply with all applicable laws and regulations (in particular, but not limited to, relating to antitrust and anti-corruption).
This agreement shall commence on the day of last party signing and shall continue for indefinite period unless terminated by either party in writing.