TERMS OF SERVICE & END USER AGREEMENT
This is the entire agreement between the parties whereby the service provider, being Six Clicks (Pty) Ltd, undertakes to provide the user, as defined below, with an application through online access to www.sixclicks.co as well as services more fully detailed below in exchange for the payment as specified and subject to the conditions put forth in the below agreement.
By selecting the “agree” button on the Six Clicks website, the user accepts the terms and conditions of this agreement and indicates their willingness to be bound by all the terms and conditions below. Six Clicks(Pty) Ltd may review the terms and conditions of the below agreement, the user should visit the page regularly to review the terms and conditions, which will be made available on the website.
1.1 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
1.2 When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
1.3 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
1.4 Expressions defined in this Agreement shall bear the same meanings in schedules or annexures to this Agreement which do not themselves contain their own definitions.
2.1.1 “You” and “user”
shall mean all individuals and/or entities accessing this website and related services for any reason whatsoever.
2.1.2 “user content”
Shall mean any and all photographs, text, pictures, artistic works, data, graphics, sound clips, video footage and any other similar material provided by the user.
2.1.3 “the effective date”
Shall mean the day that the user electronically agrees to the end user agreement
2.1.4 “Intellectual property rights”
Shall mean any and all rights associated with any and all authored works, whether tangible or intangible which include but are in no way limited to designs, copyrights, trademarks, naming rights, patents, industrial property rights, logos, trade secrets, moral rights, registration rights as well as any rights flowing from operation of law throughout the universe.
2.1.6 “Six Clicks (Pty) Ltd” or “the service provider”
Shall mean Six Clicks Proprietary Limited with Registration number 2015/297036/07 or any of its employees acting within the scope of their authority and employment.
2.1.7 “unlawful content”
Shall mean any content that is discriminatory, pornographic, oppressive, racist, constitutes hate speech, sexist, defamatory, offensive, in violation of a user or third party’s right to privacy/identity/personality, material that infringes on the intellectual property rights of another user or third party, constituting advice and / or guidelines on the circumvention of any technical security measures and / or digital rights management technologies, illegal codes such as viruses and Trojan horses, and content containing any Personal Information of third parties without their express consent and includes hyperlinks or other directions to such content.
Shall mean a service provider other than Six Clicks (Pty) Ltd and excluding a recruiter that may be offering additional products or services through this website.
Shall mean www.sixclicks.co.
2.1.10 “website content”
shall mean any and all photographs, text, pictures, artistic works, data, graphics, sound clips, video footage and any other similar material provided by the service provider and shall include user content.
AUTHORITY TO ACT
3.1 The user, by accepting the terms of this agreement warrants that they have the authority to act should they be acting on behalf of themselves. If the user is acting on behalf of a legal entity, the user represents that they have the authority to act on behalf of and bind such legal entity, its affiliates and all those users that access the website and use the services provided by Six Clicks (Pty) Ltd for the legal entity.
CODE OF CONDUCT
RESPONSIBILITIES OF USERS
4.1.1 Users may not:
188.8.131.52 use the website to transmit, distribute, store, post or publish any content that is in conflict with any applicable law or legislation or publish any such content on this website and/or content that is defined as unlawful content in terms of this agreement;
184.108.40.206 use the website to destroy any material belonging to a user or third party;
220.127.116.11 infringe the copyright, trademark, trade secret/s or other intellectual property rights of other users or third parties;
18.104.22.168 violate the privacy and all other personal rights of other users or third parties;
22.214.171.124 use the website to transmit, distribute, store, post or publish any content that is defamatory, obscene, abusive, hateful or threatening in any way whatsoever;
126.96.36.199 use the website as a means of advertising any products, goods or services or advertising content;
188.8.131.52 be under the age of 18 (eighteen) years of age;
184.108.40.206 make any misrepresentation/s of themselves on the site to Six Clicks (Pty) Ltd or any third party, whether it be in writing, verbally or via video link;
4.1.2 The user’s additional obligations include:
220.127.116.11 Payment of the user’s account as agreed;
18.104.22.168 Regular updating of the user information;
22.214.171.124 Ensuring the accuracy of the information provided by them;
4.1.3 The following is strictly prohibited:
126.96.36.199 use of any illegal and/or automated device such as a “spider” or “robot” to generate postings interfere with the website or any software on the website, which includes the database of information held by such website/software.
188.8.131.52 access to any unauthorised part of the website, including accessing the website by any other means other than the interface provided to users.
184.108.40.206 copying, selling, ceding, reselling, duplicating or reproducing any part or portion of the service provided or use of the service, including access to the service.
220.127.116.11 once payment is complete and the user’s mobile site code is downloaded, he/she is fully responsible for the site. The responsibility to get the mobile website hosted, live and fully operational is not the responsibility of Six Clicks (Pty) Ltd and falls upon the user or his/her third-party suppliers. Six Clicks (Pty) will supply instructions to do this.
5.1 A user profile may not be created by a bot or other automated method. The user profile must be completed by a human person.
5.2 Only one person is allowed per user account.
5.3 No user may access data that is not intended for such user.
5.4 Only Six Clicks (Pty) Ltd may delete or revise material or content that is uploaded to the website.
5.6 Six Clicks (Pty) Ltd reserves the right to disapprove of and/or remove any resume or profile for any reason whatsoever.
5.7 The user hereby indemnifies Six Clicks (Pty) Ltd against all claims, actions, liabilities, costs and expenses due to any advertisement that may appear on the website.
LIMITATION OF LIABILITY AND DISCLAIMER
6.1 The following warranties are hereby expressly excluded: warranty of compatibility of the website with your technology, equipment or software, the uninterrupted or error-free functionality of the website, and non-infringement of any rights. No representations and no warranties are made in relation to the accuracy, reliability, completeness or timeliness of the material, services, software, text, and graphics set out on the website. The website and its contents or related services are provided without any warranties of any kind, either express or implied to the full extent permitted by law.
6.2 Six Clicks (Pty) Ltd will not be held liable for any damages, whether special or otherwise resulting from the use of the website, transactions entered into through the website or the services provided by Six Clicks (Pty) Ltd, authorised access to data or the users transmissions, statements or undertakings made by any third party, damages for loss of profits or goodwill or other intangible losses. Six Clicks (Pty) Ltd cannot be held liable for loss or damage due to the user’s failure to maintain the security of the account password allocated to the user.
6.3 Six Clicks (Pty) Ltd may have to disclose your personal information, in good faith, if:
6.3.1 required to do so by operation of law or court order;
6.3.2 when the disclosure is necessary to protect your safety or the safety of others;
6.3.3 when the disclosure is your rights or our rights;
6.3.4 when the disclosure is necessary to as part of a criminal investigation or in response to a government request;
6.3.5 you have given your consent to disclose your information to a third party.
7.1 The user is prohibited from disclosing to any third party, any of the following information –
7.1.1 Any and all passwords allocated to the user by the service provider for any purpose, all product documents, all logs relating to any server which the user may have access to, the details of other users and vendors and all related information which the user reasonably suspects to be confidential.
7.1.2 Any and all source code that the service provider uses to create anything related to any of the service provider’s products or services, any material used by the service provider for marketing, any methods and/or strategies used by the service provider to develop or generate any form of content including but not limited to the creation of the website itself, any clients lists belonging to the service provider.
INTELLECTUAL PROPERTY RIGHTS
8.1 All rights in terms of the content of the Six Clicks website are reserved and retained by the owners of such rights. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content subject to paragraphs 8.2 and 8.3 below.
8.2 The user hereby grants Six Clicks (Pty) Ltd an unlimited license to upload, publish, post and remove any content, including text videos uploaded by users onto the website.
9.1 Permission is granted to temporarily download one copy of the materials (information or software) on Six Clicks’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Six Clicks’ website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Six Clicks (Pty) Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format
10.1 The materials on Six Clicks (Pty) Ltd website are provided “as is”. Six Clicks (Pty) Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
10.2 Six Clicks (Pty) Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
11.1 In no event shall Six Clicks or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Six Clicks (Pty) Ltd Internet site, even if Six Clicks (Pty) Ltd or a Six Clicks (Pty) Ltd authorized representative has been notified orally or in writing of the possibility of such damage.
REVISIONS AND ERRATA
12.1 The materials appearing on Six Clicks (Pty) website could include technical, typographical, or photographic errors. Six Clicks (Pty) does not warrant that any of the materials on its website are accurate, complete, or current. Six Clicks (Pty) may make changes to the materials contained on its website at any time without notice. Six Clicks (Pty) does not, however, make any commitment to update the materials.
13.1Six Clicks (Pty) has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Six Clicks (Pty) of the site. Use of any such linked web site is at the user’s own risk.
CANCELLATION AND TERMINATION POLICY
15.1 The service provider may suspend the services provided to the user in terms of this agreement if the user is in default of any of its obligations in terms of this agreement, similarly the service provider may suspend the services provided to any vendor in terms of this agreement if the vendor is in default of any of its obligations under this agreement.
9.2 The service provider will be entitled to terminate the agreement with the user if:
9.2.1 The user has been notified of a breach of a material nature and has been requested to rectify the breach and has failed to remedy that breach within 7 (seven) days of notification and request.
9.2.2 Should the user not accept these terms and conditions then no agreement will be reached between the parties and these terms and conditions will not be enforceable against the service provider.
PRICING AND PAYMENT
10.1 The Pricing and payment terms and conditions are specifically incorporated into this agreement which must be accepted before the user account will be activated.
10.2 By using the services provided by Six Clicks (Pty) Ltd, you agree to be bound by our “Pricing and Payment terms”
10.3 Unless otherwise agreed to in writing by both parties, all product costs shall be made in United States currency (USD). Payments shall be made to Six Clicks (Pty) via our payment gateway PAYPAL.
10.4 The full product cost ($72 plus any additional pages added to the client’s build charged at $1 each) is payable before the download of code commences.
10.5 The client agrees that once the download of their Six Clicks (Pty) mobile site is complete, no changes can be made to the code of the site, and no refund will be due by Six Clicks (Pty) should the client want to make changes of any nature for any reason.
10.6 Should the user or his or her third-party suppliers fail to get their Six Clicks mobile site hosted, live and fully operational, Six Clicks (Pty) will not be liable for any refunds.
PROTECTION OF PRIVACY
12.1 Both parties hereby consent to the jurisdiction of the Magistrates Court should any legal action be pursued by either party to this agreement, the laws of South Africa will apply at all times.
12.2 Should there be any dispute in terms of this agreement, the dispute resolution will be held in Cape Town, South Africa and the applicable arbitration laws shall apply.
13.1 Any relaxation or indulgence shown by Six Clicks (Pty) Ltd towards the user, shall not constitute a novation or waiver of the service provider’s rights in terms of this agreement. The failure by the service provider shall not in any way affect the service provider’s rights to require performance of the provision at any time in the future.
14.1 The rights and duties created by this agreement shall not be capable of being ceded or assigned by either party to a third-party unless such cession or assignment is agreed to in writing by all parties affected by such cession or assignment of rights.
15.1 This agreement and any annexures and/or schedules attached hereto constitute the entire agreement between Six Clicks (Pty) Ltd and the user in regard to the subject matter of this agreement.
15.2 No amendment or variation of this agreement will be binding unless the amendment or variation is recorded and reduced to writing, which written document is signed by the parties involved.
15.3 The parties to this agreement are independent parties and no partnership, joint venture, agency or similar relationship is created through this agreement.
ADDRESS FOR SERVICE OF LEGAL PROCESSES, CORRESPONDENCE OR DOCUMENTS
16.1 The user and recruiter’s domicilium citandi et executandi, being the address for service of all notices, pleadings and documents, will be as per the registered address in the case of users (the address provided when registering and making payment) which address will be provided upon account registration and/or payment.