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Terms of use



GENERAL TERMS AND CONDITIONS

1.   1.       INTRODUCTION

1.1. The terms and conditions stated herein (collectively, this "Agreement") constitute a legal agreement between you and Gotta Work (Pty) Ltd. (trading as Gottawork) a private company with registration number 2016/155880/07 duly registered in terms of the laws of the Republic of South Africa,   By using or receiving any services supplied to you by Gotta Work (together with the website located at Gottawork.co.za, collectively, the "Service"), and downloading, installing or using any associated software supplied by Gotta Work which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at Gottawork.co.za/terms or through the Service.

1.2.  Gotta Work reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions and policies, please feel free to contact us by email at support@gottawork.co.za.

1.3.  Please take a moment and read through our Terms, conditions and policies, by using Gottawork website and by clicking "agree" you are automatically agreeing to comply with these all terms, conditions and policies.

1.4.    The following criteria is not permitted on Gotta Work website:

1.4.1.   Discriminatory, malicious, misleading or unlawful behaviour and any unauthorised use of the content of Gotta Work website is strictly prohibited

1.4.2.    You will not bully, intimidate or harass any other Gottawork users

1.4.3.   All personally identifiable information and images from the business directory and personal profiles cannot be downloaded or stored without the express permission from either Gottawork, the users, individuals or businesses concerned and is strictly subject to copyright and intellectual property laws.

1.4.4.     Posting unauthorized and unsolicited commercial messages in comments (such as spam or advertising)

1.4.5.    You may not use Gottawork name, logo, trademark or branding without our consent and is strictly subject to copyright laws.

1.4.6.    We reserve the right to remove any content or information you post on Gotta Work website or any social media platform if we believe that it violates our Terms and Conditions of Use.

1.4.7.    Gottawork can change or remove any category or any related product or service at any time without prior notification to any individual or company, whether they are listed in that category or not.

1.4.8.    We reserve the right to make any amendments or updates that we see fit to our Terms of Use without prior notice. It is your responsibility to regularly check our Terms and keep up to date with any changes. We reserve our rights to terminate your account, with or without notice, at any stage in case of abuse or otherwise at our sole discretion"

2.       GOTTAWORK IS A PLATFORM

The Service is a communications platform for enabling the connection between users, individuals and businesses seeking to obtain products or services and/or individuals and businesses seeking to provide services and products. Gotta Work checks the backgrounds of individual service providers via third party background check services; however, Gotta Work does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such individual service providers. When interacting with   service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using the Service, you agree to hold Gotta Work free from the responsibility for any liability or damage that might arise out of any of the transactions involved. Neither Gotta Work nor its affiliates or licencors is responsible for the conduct, whether online or offline, of any user of the service. Gotta Work and its affiliates and licencors will not be liable for any claim, injury or damage arising in connection with your use of the service.

3.       Functioning of our Website:

3.1.    We cannot guarantee that the Website will be uninterrupted or error-free.

3.2.    We are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason.

4.       Representations and Warranties

4.1.   By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. Without limiting the foregoing, the Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Service, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Service.

4.2.   You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. Gotta Work is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset.

4.3.    By using the Software or the Service, you agree that:

4.4.  You will only use the Service or Software for lawful purposes; you will not use the Service for sending or storing any unlawful material or for fraudulent purposes.  you will not use this website in any manner, which may be construed as unlawful and/or promotes or encourages illegal activity. Such illegal activity includes copyright infringement of this website or App;

4.5.   You will not use the Service or Software to cause nuisance, annoyance or inconvenience.  You will Not translate, modify, re-format and/or reverse engineer this website or any part thereof

4.6.    You will not impair the proper operation of the network, not to translate, modify, re-format and/or reverse engineer this website or any part             thereof

4.7.      You will not try to harm the Service or Software in any way whatsoever.

4.8.      You will not copy, or distribute the Software or other content without written permission from Gotta Work.

4.9.      You will only use the Software and Service for your own use and will not resell it to a third party.

4.10.  You will keep secure and confidential your account password or any identification provided to you which allows access to the Service.

4.11.  You will provide us with whatever proof of identity Gotta Work may reasonably request.

4.12.  You will only use an access point or data account that you are authorized to use.

4.13. When requesting services or products by SMS, you opt-in to receive text messages from Gotta Work, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.

4.14. The Gottawork Directory may have third party links to other websites, web pages, product or service information pages or other Internet based content. All third-party sites have their own independent privacy policies in place and therefore Gottawork has no responsibility or liability for the content contained in these sites. Gottawork also does not endorse or recommend any third-party site, service provider or products listed.

5.       License Grant & Restrictions

5.1. Gotta Work hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Gotta Work and its licensors.

5.2.  You shall not (I) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.

5.3.  You may use the Software and Service only for your personal, non-commercial purposes and shall not: (I) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Service or its related systems or networks.

6.       Payment Terms for all parties

6.1.   Any fees which Gotta Work may charge you for the Software or Service are due prior to the service rendering and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, Gotta Work's decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. Gotta Work reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

6.2.  Gotta Work, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Gotta Work may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.

7.    Changes to the terms and conditions:

We may change these terms and conditions by posting the revised version on our Website at least 14 days before they become effective. Please check our Website from time to time. You will be bound by the revised agreement if you continue to use our Website or the Services following the effective date shown.

8.       Your Content:

8.1.    You are responsible for your Content.

8.1.1. You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of       privacy, defamatory, offensive, racist, hateful, discriminatory or abusive or which we otherwise consider to be inappropriate;

8.1.2. If you post a Review or referral, you also promise that it is your independent, honest, genuine opinion.

8.1.3. You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Website and these terms and conditions.

8.2.   We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

8.3.    We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

8.4.    We reserve the right to irretrievably delete your Content at any time.

9.       Messages on the Gotta Work website

9.1. No messages sent via the messaging system on Gottawork’s website between (a) a company and a user or a user and a company or (b) an individual and a user or a user and an individual or any service provider are kept or backed up by Gotta Work.  Kindly ensure that you copy the relevant information should you require it.

10.   Security:

10.1.    Your account on our Website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

10.2.  Gottawork takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorised access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free; any transmission and any information submitted to us is at your own risk. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Gottawork via the Internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

10.3.    Gottawork undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for our Services. Gottawork cannot be held responsible for security breaches occurring on your electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that you may inadvertently have installed on your device.

11.   Liability:

11.1.Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.

11.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

11.3.  We shall not be liable for any loss or damage caused by us or our employees or agents, or service providers in circumstances where:

11.4.  There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

11.5.  Such loss or damage was not reasonably foreseeable by both parties;

11.6.  Such loss or damage is caused by you, for example by not complying with this agreement; or

11.7.  You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Website (subject of course to our obligation to mitigate any losses).

12.   Intellectual Property Ownership

12.1. Gotta Work alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Software, you hereby assign to Gotta Work all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by Gotta Work. Gotta Work name, Gotta Work logo, and the product names associated with the Software and Service are trademarks of Gotta Work or third parties, and no right or license is granted to use them.

12.2.The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Gottawork, its advertisers and/or sponsors and/or is licensed to Gottawork.

12.3.  You will not acquire any right, title or interest in or to the Website or the Website Content.

12.4.  Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our contact us page.

12.5.  Where any of the Website Content has been licensed to Gottawork or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licencor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

13.   Privacy; ECT Act

The Electronic Communications and Transactions Act of 2002 (the "ECT" Act) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under South African copyright law. If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send Gotta Work a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the ECT Act (http://www.internet.org.za/ect_act.html). Notices and counter notices with respect to the Service or Software should be sent to Gotta Work at:  By Email: support@gottawork.co.za

We respect your privacy and will take reasonable measures to protect it, as more fully detailed below. 

13.1.  Should you decide to register as a USER on the Website, we may require you to provide us with personal information (FICA compliant) which includes but is not limited to the following.  This information must also be FICA compliant-

13.1.1.        your name and surname;

13.1.2.        your email address;

13.1.3.        your physical address;

13.1.4.        your gender;

13.1.5.        your mobile number; and

13.1.6.        your date of birth.

13.2.  Should you decide to register as an INDIVIDUAL on the Website, we may require you to provide us with personal information which includes but is not limited to the following.  This information must also be FICA compliant –

13.2.1.        Your banking details

13.2.2.        Race

13.2.3.        Gender

13.2.4.        Sex

13.2.5.        Pregnancy

13.2.6.        Marital/Relationship status and Family relations

13.2.7.        national /ethnic. Social origin

13.2.8.        Colour

13.2.9.        Sexual orientation

13.2.10.    Age

13.2.11.    Physical or mental health

13.2.12.    Disability

13.2.13.    Religion / beliefs / culture.  philosophical beliefs including personal and political opinions

13.2.14.    Language

13.2.15.    Educations / medical / financial / criminal history

13.2.16.    Employment history and salary information

13.2.17.    SARS and Income tax related information

13.2.18.    ID number

13.2.19.    Email address

13.2.20.    physical address

13.2.21.    Telephone number

13.2.22.    Location

13.2.23.    Photos, voice recordings, video footage (also CCTV), biometric data

13.2.24.    Personal opinions, views or preferences

13.2.25.    Online/Instant messaging identifiers

13.2.26.    Criminal record

13.2.27.    Private correspondence

13.2.28.    Financial information

13.3.     Should you decide to register as a COMPANY on the Website, we may require you to provide us with personal information which includes bit is not limited to the following.  This information must also be FICA compliant -

13.3.1.       Company registration number

13.3.2.       Company registration documentation

13.3.3.       VAT number

13.3.4.       Email addresses

13.3.5.       Physical address

13.3.6.       Telephone number

13.3.7.       Financial information

13.3.8.       Banking details

13.3.9.       Location

13.3.10.    Private correspondence

13.3.11.    Photos

13.3.12.    Products and services

13.3.13.    Logo

13.3.14.    Slogan

13.3.15.    Trademark and intellectual property

13.3.16.    SARS and Income tax related information

13.4. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

13.5. 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.

13.6. Subject to the following - (We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Gotta Work is entitled 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), we will not, without your express consent:

13.6.1.   use your personal information for any purpose other than as set out below:

13.6.2.   in relation to the ordering, sale and delivery of Goods or services;

13.6.3.  to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

13.6.4.   to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

13.6.5.   to improve the product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

13.6.6.   disclose your personal information to any third party other than as set out below:

13.6.6.1.  to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

13.6.6.2.  to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

13.6.6.3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

13.6.6.4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

13.6.6.5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; or any individual services provider that must render a service to you and

13.6.6.6. to any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third-Party Seller, which disclosed information will be limited to your email address

13.6.7.   We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

13.7.    Ratings and Reviews: When you provide a rating or review of a Product or individual, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

13.7.1.    We will –

13.7.1.1.   treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

13.7.1.2.  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;

13.7.1.3.   provide you with access to your personal information to view and/or update personal details;

13.7.1.4.   promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

13.7.1.5.  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

13.7.1.6.  upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

13.8.      We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

13.9.       Gotta Work undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

13.10.    Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

13.11.     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 Gotta Work, Gotta Work SHALL 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 we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

13.12.   This 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 we may use) to recognise repeat users, facilitate the user’s on-going 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, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies.

14.   Third Party Interactions

14.1. GOTTA WORK DOES NOT PROVIDE ANY PRODUCTS OR SERVICES AS LISTED BY ANY COMPANY OR INDIVIDUAL ON THE SITE.   IT IS UP TO THE THIRD-PARTY COMPANIES AND INDIVIDUALS TO OFFER THEIR PRODUCTS AND SERVICES WHICH MAY BE BOUGHT THROUGH USE OF THE SOFTWARE OR SERVICE. GOTTA WORK OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SERVICES AND PRODUCTS, BUT DOES NOT INTEND TO PROVIDE ANY PRODUCTS OR ACT IN ANY WAY AS A  COMPANY  OR INDIVIDUAL WITH ANY OF THE PRODUCTS OR SERVICES LISTED ON THE SITE, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY  PRODUCTS OR SERVICES  TO YOU BY SUCH THIRD PARTIES. 

14.2. During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party companies/service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Gotta Work and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Gotta Work does not endorse any sites or companies on the Internet or any individuals that are linked through the Service or Software, and in no event shall Gotta Work or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Gotta Work provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Gotta Work disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

14.3.  Gotta Work may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Gotta Work may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

15.   THIRD PARTY LINKS

15.1. This Website may contain links 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 Gottawork is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

15.2. 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 we are not responsible 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.

15.3. Gotta Work Directory may have third party links to other websites, web pages, product or service information pages or other Internet based content. All third-party sites have their own independent privacy policies in place and therefore Gottawork has no responsibility or liability for the content contained in these sites. Gottawork also does not endorse or recommend any third-party site, whether a business or individual.

16.   Indemnification

16.1. By entering into this Agreement and using the Software or Service, you agree to defend, indemnify and hold Gotta Work, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of any services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.

17.   Termination

17.1. Gotta Work reserves the right to (I) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service, for any reason, including if Gotta Work believes that you have violated this Agreement. Gotta Work shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service with or without notice to you.

17.2. Gottawork may in its sole discretion terminate, suspend and modify this Website,  You agree that Gottawork will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

18.   Disclaimer of Warranties

Gotta Work makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. Gotta Work does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service or software (including any services) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service (including any services) will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Gotta Work. Gotta Work makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third-party services or products, remains solely with you, to the maximum extent permitted by law.

19.   Network Delays

Gotta Work's service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. Gotta Work is not responsible for any delays, delivery failures, or other damage resulting from such problems.

20.   Limitation of Liability

20.1.  In no event shall Gotta Work's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim. In no event shall Gotta Work and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). Gotta Work and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if Gotta Work and/or its licensors have been previously advised of the possibility of such damages.

20.2.   Gotta Work may introduce you to third party service providers. We will not assess the suitability, legality or ability of any third-party service providers and you expressly waive and release Gotta Work from any and all liability, claims or damages arising from or in any way related to the third-party service providers. Gotta Work will not be a party to disputes, negotiations of disputes between you and such third-party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release Gotta Work from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.

20.3.  The quality of the services scheduled and products bought through the service providers and companies, through the use of the service or software is entirely the responsibility of the third-party provider who ultimately provides such services or products to you. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

20.4.    By using the service or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not think they are reasonable, you must not use the service or software.

20.5.     Gottawork allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller” / “company”).

20.6.    Gottawork cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Gottawork, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact us page.

20.7.   GOTTAWORK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

20.8.   YOU HEREBY INDEMNIFY Gottawork AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

21.   Disclaimer

21.1.    Gottawork acts as a platform and therefore does not endorse, approve or represent any of the content including individual or business services and/or products, statements, information, data, opinions or advice provided by the businesses, individuals and users of Gotta Work website.

21.2.  Gottawork provides directions for the use of the website but does not control the actions or opinions of the service providers, businesses, individuals or users of Gotta Work website. We will not be held responsible for the content contained within the website, nor the conduct of any Gottawork users. All interaction with any business or individual listed within Gotta Work website or any Gottawork user is done so at your own risk.

21.3.  You release Gottawork and the entirety of our staff of any claims, damages, losses and expenses of any kind relating to a dispute with any Gottawork user, any service provider, individual or business listed on the he platform or a third party in every circumstance. We aim to maintain Gotta Work website up and free of disruptions and in a secure and bug free condition. We do not guarantee that Gottawork will always operate without disruptions or be secure and error free.

21.4.    Under no circumstances will you hold Gottawork or any of Gotta Work staff liable for any infringement of your intellectual property rights, loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts resulting from your use of or inability to use the website or the website materials.

21.5.   The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

21.6.  Whilst Gottawork takes reasonable measures to ensure that the content of the Website is accurate and complete, Gottawork makes no representations or 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. If any such representations or warranties are made by Gottawork’s representatives, Gottawork shall not be bound thereby.

21.7.    Gottawork disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

21.8.   Although products or services sold from the Website may, under certain specifically defined circumstances, be under warranty from the third-party, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.  Gotta work is not liable for any warranties only third-party sellers.

21.9.     Any views or statements made or expressed on the Website are not necessarily the views of Gottawork, its directors, employees and/or agents.

21.10. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Gottawork also makes 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. 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 Gottawork, its employees, agents or authorised representatives. Gottawork thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

21.11.  Gotta Work disclaims all warranties of any kind, either express or implied. No oral or written information provided by us shall create a warranty,   nor shall you rely on any such information or advice.

21.12.  By accepting these terms and conditions you also accept the privacy policy as listed under the tab “privacy policy” on the Gotta work website. 

21.13. These Terms shall be solely and exclusively governed by, construed and interpreted in accordance with the law of the Republic of South Africa.

22.   Notice

Gotta Work may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in Gotta Work's account information, or by written communication sent by first class mail or pre-paid post to your address on record (if applicable) in Gotta Work's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Gotta Work (such notice shall be deemed given when received by Gotta Work) at any time by any of the following: email to antonia@gottawork.co.za or a letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Gotta Work as per the address provided if requested by a third-party (whichever is appropriate): addressed to the attention of: Chief Executive Officer.

23.  Controlling Law and Jurisdiction

This Website is controlled, operated and administered by Gottawork from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website in violation of South African laws and regulations. If you access this Website from locations outside of South Africa, you are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Magistrate Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between you and Gottawork with regard to the use of the Content and this Website.

24.  Dispute Resolution

24.1.INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Gotta Work agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Gottawork on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Gottawork, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

24.2. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Gotta Work agree that any arbitration will be limited to the Dispute between Gotta Work and you individually. You acknowledge and agree that you and Gotta Work are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Gotta Work otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.

25. ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of Gotta Work but may be assigned without your consent by Gotta Work to (I) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.

26. GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, Gotta Work or any third-party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Gotta Work to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gotta Work in writing. This Agreement comprises the entire agreement between you and Gotta Work and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Gotta Work regarding the subject matter contained herein.

27. Other Parties

You accept that, as a corporation, Gotta Work has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Gotta Work's officers or employees in respect of any losses you suffer in connection with the Service or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect Gotta Work's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gotta Work.

28. Breaches of these terms and conditions

Without prejudice to Gotta Work's other rights under these terms and conditions, if you breach these terms and conditions in any way, Gotta Work may take such action as Gotta Work deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.

29. Contact us

We do not conduct any company business through Facebook Messenger or any other social channels. All communication needs to be done via email. If you have any queries, suggestions, compliments, complaints or questions regarding the Gotta Work services, our website, the Terms, conditions, policies or any products or services displayed on the Gotta Work platform, please contact us via the contact details shown on our Website.