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.