1. Terms of Use - Candidates

1.1. Terms

• All Capital Recruit services that facilitate applications for employment are free of charge.
• Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.
• Your telephone or Cellular Service Provider will charge all telephone calls that you make to Capital Recruits telephony based facilities at their normal rates.

1.2. Conditions

• You indemnify Capital Recruit against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any resumé by you on www.capitalrecruit.co.za or any related career site, to the extent that applicable law allows.
• Capital Recruit makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Capital Recruit responsible if your resumé was unlawfully copied from the Capital Recruit website through nefarious means and/or distributed without consent.
• Access to the candidate resumé database is available only to Capital Recruit’s customers. Such Capital Recruit customers may access the candidate resumé database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the customers’ current vacancy advertisements with Capital Recruit. While Capital Recruit will make every effort to ensure that our customers adhere to this undertaking, you herewith indemnify Capital Recruit against wrongful conduct, of any kind, by Capital Recruit customers, to the furthest extent of the law.
• While Capital Recruit will implement precautionary measures to ensure that the website is free from viruses, Capital Recruit cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
• You agree to take precautionary measures to ensure that your resumé on Capital Recruit is free from viruses or other destructive code.
• Capital Recruit reserves the right to either reject or remove any resumé from its site(s) for any reason whatsoever.
• You agree to present yourself truthfully in your resumés on Capital Recruit
• Capital Recruit makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold Capital Recruit liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an advertiser.
• You agree, at all times, to deal with any information or products provided by Capital Recruit in a manner that abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
• To the fullest extent permitted by law, Capital Recruit and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Capital Recruit or its associates. Capital Recruit and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. Capital Recruit will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
• You agree to keep Capital Recruit and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Capital Recruit as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Capital Recruit to you, to the extent that applicable laws allow.
• You may not assign or transfer your rights and obligations to any other person without Capital Recruits prior written approval (which will not be unreasonably withheld).
• This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
• Capital Recruit retains all intellectual property rights contained in the data stored on Capital Recruit and services provided by Capital Recruit, and you agree not to infringe any of Capital Recruits rights without Capital Recruits prior written consent. This includes the use of public domain information represented on Capital Recruit.
• In order for all of our functionality to work correctly you will need to enable pop-ups for the Capital Recruit website.
• You agree not to use the Capital Recruit infrastructure or technology to market any service to Capital Recruit.

2. Services we provide you with under this agreement

1. You may subscribe to frequent e-mail notifications through the Capital Recruit Platforms that will alert you about job offers or other services (“Notifications”) that Capital Recruit believes may be of interest or relevant for you. The assessment is based on information from your profile, on settings you have made yourself for notifications and/or on your search and your usage behaviour on the Capital Recruit Platforms. You can set up multiple notifications for different job-searches and services. Please note that if you no longer wish to receive notifications, you must unsubscribe from all notifications you have set up individually, in order to avoid deleting those notifications that you wish to continue to receive.
2. If a registered User uses the platforms again after some time of inactivity, the User will start, according to Capital Recruit assessment, a new “Search Cycle”. In order to further ensure the usability of the Capital Recruit Platforms, we will continue to send the User regular e-mail notifications, to which the User has opted-in or subscribed.
3. Based on empirical values and in-depth analysis of the careers of employees in their companies, Capital Recruit can identify an “Employee Life Cycle” for almost any User. The Employee Life Cycle describes the career path of a candidate within one or more companies, or his or her professional life. In order to optimize a candidate’s career planning, Capital Recruit may send relevant information on career development to registered users, that have not been active on the platforms in a while, by email or through their user account. Users may unsubscribe from this mailing list at any time.
4. In order to ensure your authentication, i.e. to avoid unauthorised notification subscriptions on behalf of third parties, we will send you a confirmation e-mail after your first registration, in which we ask you to confirm your registration again by clicking a link in the e-mail. The authentication process is not required if you are logged in as a registered user and set up notifications for suitable job offers or services. Authentication by entering a password can in some cases also be skipped, if you click on the link provided in a notification to you (“soft-login”) and gives you the option of limited access to your account without prior login.
5. With the creation of a user account for candidates (“user account”) you will automatically receive notifications related to your searches. Settings such as frequency, accuracy, or disabling all or some of your subscribed notifications can be adjusted in your account settings.

2.2. Services we provide you with under this agreement

As part of your user profile you can subscribe to various Newsletters we offer on different subjects. We may also send you email-newsletters regarding Capital Recruit Services which are similar to Capital Recruits Services that you already use, if you have not objected to such newsletters. You may at any time object to all of Capital Recruit’s newsletters free of charge. We will inform you about your right of objection when we collect your email-address and in the respective newsletter. Should you no longer wish to receive our email messages, please click the unsubscribe link located within each message. Additionally, you can view and change settings in your user account.

2.3. User Account

Certain services are only available for registered users of a user account. How to register for a user account is described in section 10 below.

2.4. Saved Job Offers

You can save job offers that you have viewed by clicking on the button provided for this purpose in the job offer. You can then access entries saved in this way in your user account. Capital Recruit can analyse your stored entries and, based on this analysis, can optimise and customise the services offered to you. At your option, Capital Recruit can remind you of your saved job offers by e-mail.

2.5. User Profile

You can create a personal profile (“user profile”) within your user account. You can add information to the profile that is related to your CV, as well as your own attachments, such as CV or certificates. If you upload attachments to complete your profile, we analyse their content and structure in an automated process and use this analysis to improve the services we provide to you. We also use the data you provide us with to recommend jobs on our platforms based on your profile data and tailored to your needs or to send you notifications as described in section 1 – Notifications. We may also use your profile data to automatically fill out forms for other services and that we offer on our platforms and which may be linked to the user profile, if you wish to use these services. Additionally, we use information stored in your profile to improve your search experience. We also store analytical data about you and your user behaviour, together with a pseudonymous user ID, in a statistical database, whereby you are not identifiable.

In setting your profile visibility you will make it accessible to these recruiters and other candidates, including its contents. In doing so, you grant candidate-profile-customers access to your profile and its attachments (including a search and download function), as well as the date of your last activity. Candidate-profile-customers are Capital Recruit customers who have access to Capital Recruits candidate database or are otherwise authorised to use it or other services to fill vacant positions; they may be agencies or employers. We may also analyse your profile in order to actively present all or part of it to candidate-profile-customers. It is possible that Capital Recruits customers are located outside the Republic of South Africa or EU or the European Economic Area (“EEA”), which is why data may also be transferred to such third countries. If you set your profile to “be visible”, you grant candidate-profile-customers access (including a search and download function) to parts of your profile and its attachments, as well as the date of your last activity, and disclose this information to them. It is also possible that we analyse a partially active profile in order to actively present it to candidate-profile-customers. Since Capital Recruit customers from all over the world can access the Candidate Database, Capital Recruit customers may be located outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries. All data that you have entered as part of your profile is fully accessible to candidate-profile-customers, unless you have blocked the company in your profile “Blocked Companies” section.

2.6. Storage Capacity

We do not guarantee or warrant any minimum storage capacity for your profile. We reserve the right to limit the data volume for data uploads temporarily or permanently, especially if this is necessary for technical or user-friendliness reasons, for example to maintain or optimise the service.

2.7. Applications through User Account

You can use your profile to apply for jobs offered on the Capital Recruit websites or in the apps, provided that the Capital Recruit-Customer has chosen to allow applications via the platform for the respective job offer. We use your profile data to automatically fill in certain fields of the application form and you may upload additional files. Once you have clicked on the respective button, we will store the data you entered in the application form on the Capital Recruit platform so that the respective customer can access it there. The Capital Recruit customer to whom you have applied will also have access to your profile and will be able to view the information you have entered in your profile. Since Capital Recruit-Customers from all over the world can post job offers on our platforms, it is possible that the respective customer is based outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries.

2.8. Storage of CV Data in your Profile

Your application, including the respective attachments, will be stored within your user account in a history that you can access at any time. Depending on the service, you have the option of adding other CVs that you attach to further applications as an additional CV to your profile or replacing the existing CV. You will be informed of this possibility while applying and can add or replace a CV by clicking the corresponding button.

2.9. Modification and Discontinuation of Services

In order to balance the interests of users and Capital Recruit Customers, to ensure the usability of the platform and to adapt it to the conditions of the market, it is essential to continuously develop the Capital Recruit-Platforms. It is therefore possible that services may be modified or discontinued. The user has no legal claim to the continuation of a service, a display or the functionality of the platform. If you do not agree with a modification or discontinuation, your only remedy is to terminate this agreement according to section 12 and to refrain from using the Capital Recruit platforms.

2.10. Registration of User Profile

1. If you want to register for and create a User Profile, you must provide a valid email address and a password to us, which we will store.
2. After we received your application to create a User Profile we confirm the receipt of such application with a message to the email address provided by you. The agreement for your User Profile between you and us comes into effect when we activate your User Profile. The completion of the registration by you only constitutes an offer to enter into a contract. Capital Recruit reserves the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of a contract.
3. You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, Capital Recruit shall have the right, to block your account and the access to our platform temporarily or permanently and/or terminate in accordance with section 12 herein.
4. Each User must only create one account. The account is not transferrable.
5. Once the User creates a User Account it is permanently available for the User. However, the User can terminate this contract anytime and delete his Account via the Account setting or by contacting Capital Recruit. A User Account may however be deleted after a certain amount of being inactive. Capital Recruit also reserves the right to remove any duplicate, inactive accounts older than 6 months from our database, to ensure a good experience for our Capital Recruit customers.

2.11. No Warranty; Backup Copies

1. We do not warrant the currency, accuracy, completeness, usability, suitability for a certain purpose of content on our Platforms. We also do not warrant for the conclusion of an employment contract between Users of our Platforms as applicants and an employer.
2. Capital Recruit does not warrant that the Services offered by us are available at certain times or permanently. Disturbances, interruptions or possible downtimes of the (online) Service cannot be excluded. Because of technical or operational reasons, a temporary limitation of the availability is possible. This is especially possible with regard to the capacity limits, the security or integrity of the data processing systems or the implementation of technical measures, which are necessary for a regular or improved performance.
3. Capital Recruit’s servers are backed up regularly and carefully. Nevertheless, data losses are not excluded. Insofar as you transmit or upload data – regardless of the form we advise you to make backup copies. This also applies to the event that you terminate your contract with us, because we don’t retain a copy of your data after the deletion, subject only to statutory storage obligations.

2.12. Term and Termination

1. The agreement with you regarding the user account and the services provided under it as well as notifications regarding services under this agreement is made for an unlimited period of time. Either party may terminate this Agreement with immediate effect and without cause.
2. If the agreement on the user account or notifications of services ends, we will delete your personal data that we have stored or store your data in anonymous form for analytical purposes, unless the processing is required by law and for another purpose.

2.13. Applicable Law, Place of Jurisdiction and Other Provisions

1. This agreement and its interpretation shall be governed by South African law.
2. If any provision of these Terms of Use is found to be invalid or unenforceable in whole or in part, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. In such event, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision.
3. You consent to the jurisdiction of the Magistrate’s Court of South Africa in respect of all disputes arising from or in connection with these terms and conditions. Despite this, Capital Recruit may institute proceedings in any other South African Court in which event it will not be limited to costs on the applicable Magistrates’ Court scale.