Terms of Service
TERMS OF SERVICE
Endorsed “Buyer” Terms and Conditions
These terms constitute a legal agreement between you and Endorsed. Your usage of the Endorsed Software Platform declares your acceptance without modification of these terms making them legally binding. If you feel you do not want to be bound by these terms and conditions, do not use or subscribe to the Endorsed Software Platform.
1. Interpretation of Terminology
1.1 In this Agreement, unless the context otherwise indicates:
1.1.1 “Endorsed” – A division of Funnamics PTY LTD 2012/052414/07, a private company registered in South Africa;
1.1.2 “Endorsed Software Platform” – the Endorsed Software Platform consisting of the website located at www.Endorsed.co.za.
1.1.3 “Service Provider” – the person or company displaying a Service Provider’s profile on the Endorsed Software Platform and which will provide the Services;
1.1.4 “Buyers” – you, the subscriber to the Endorsed Software Platform who are the end Buyers of the Endorsed Services.
1.1.5 “Intellectual Property Rights” – all patents, trademarks, trade names, logos, service marks, designs, design rights, copyright (including all copyright in any designs and software), source code, inventions, trade secrets, Confidential Information and all other intellectual property rights and rights of a similar character in and to, or the subject matter of which relates to the Services and the Endorsed Software Platform (whether or not same are registered or capable of registration) and all applications and rights to apply for protection of such rights, and including without limitation copyright in the Services and the Endorsed Software Platform, all the usual documentation associated with the Services and the Endorsed Software Platform, and all upgrades, new versions, modifications and enhancements of the Services and the Endorsed Software Platform, periodically;
1.1.6 “Confidential Information” – is information which concerns or relates to the trade secrets, processes, operations, style of works, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, or amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or other organization, or other information of commercial value, the disclosure of which is likely to cause substantial harm to the competitive position of the person, firm, partnership, corporation, or other organization from which the information was obtained, unless is required by law to disclose such information, or which otherwise becomes known to either Party through the Endorsed Software Platform or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to a Service Provider;
1.1.7 “Parties” – Endorsed and Buyer and “Party” one of them;
1.1.8 “Profile” – the Buyer’s personal profile created by him/her on the Endorsed Software Platform;
1.1.9 “Services” – Related services, which the Service Provider will provide to Buyers using the Endorsed Software Platform;
1.1.10 “Acceptable Use Policy” means the Acceptable Use Policy of Endorsed that governs the use of the Endorsed Software Platform, as amended by Endorsed from periodically;
1.1.11 “Agreement” – these terms and conditions together with the Acceptable Use Policy and all annexures and/or schedules hereto, as amended by Endorsed periodically;
1.1.12 “Business Day” – any day other than a Saturday, Sunday or public holiday officially recognized as such in the Republic of South Africa;
1.1.13 “Commencement Date” – the date on which you agree to be bound by the Agreement by way of electronic means, for example by completing the registration process and submitting the registration process on a web page.
1.1.14 “Minor” – Children under 18, who are not fully capable of acting independently without assistance from parents/legal guardians.
- Endorsed Mission and Purpose
2.1 Purpose/Mission of The Endorsed Software Platform
Endorsedd mission is to empower the service providers on the platform and contribute in a meaningful way to the employment situation in South Africa and in time the rest of the African continent. One of our core objectives is to introduce service providers to customers and should the customer require the service provider on a permanent basis we will assist in the process of formalizing this relationship. To this end Endorsedd will charge buyers a placement fee equal to one month’s remuneration. .
2.2 The Endorsed Software Platform is a communications Software Platform enabling the connection between individuals seeking to obtain certain services and individuals seeking to provide certain skilled or unskilled services. The Endorsed Software Platform therefore creates a “go-between” environment where Service Providers can upload Profiles and market their skills, services and availability to Buyers. It is specifically noted that neither the Endorsed Software Platform nor Endorsed acts as a temporary employment service provider.
2.3 Buyers can use the Endorsed Software Platform subject to the terms of this Agreement.
3. Fee Structure
3.1 Endorsed makes no recommendations regarding fees or charges. The Buyer shall pay the Service Provider the fees as advertised on the Endorsed Software Platform by him/her periodically.
3.2 The Buyer mandates Endorsed to accept payment of the Fees from the Buyer on behalf of the Service Provider and then to make payment on behalf of the Buyer to the Service Provider.
3.3 The Service Provider shall pay Endorsed a booking fee.
3.4 Endorsed shall release the Fees, less the booking fee, to the Service Provider once the booked shift has ended.
3.5 The Buyer shall, where applicable, be liable for any payments due to the Unemployment Insurance Fund (“UIF”) or for any payments or assessment due and owing under the Compensation for Occupational Injuries and Diseases Act (“COIDA”).
3.6 Buyers will remain liable for the Fees for any booking cancelled by the Buyer where the Buyer gave the Service Provider less than 48 hours prior notice.
- Becoming a Buyer of the Endorsed Software Platform
4.1 The Buyer confirms that he/she is 18 years or older and there is nothing preventing him/her from entering into and complying with this Agreement;
4.2 The Buyer confirms that all information provided on the Endorsed Software Platform by the Buyer shall be correct and up to date. The Buyer shall register a user account by uploading his/her particulars onto the Endorsed Software Platform in order to create a Profile or by using their Facebook account to sign in to the Endorsed Software Platform.
4.3 The Buyer shall read and then accept this Agreement. Should the Buyer not agree to the terms of this Agreement, then the Buyer should not create a Profile on or use the Endorsed Software Platform.
4.4 If the Buyer did not sign-in with his/her Facebook account, then Endorsed will issue a user name and password to the Buyer in order to enable the Buyer to gain access to and/or use the Endorsed Software Platform. The Buyer will not be able to access and/or use the Endorsed Software Platform without an account user name and password.
4.5 The Buyer agrees that:
4.5.1 He/She will not disclose the user name and password to any other person for any reason whatsoever;
4.5.2 In the event that his/her password are compromised, he/she will immediately notify Endorsed and change the password;
4.5.3 He/She will use the user name and password for his/her own personal use only, in other words, the Buyer shall not share his/her user name or password with another Buyer.
4.6 Endorsed will not be responsible for any loss arising due to a third party gaining access to the Profile or password and accordingly the Buyer indemnifies Endorsed from any loss the Buyer may suffer as a result thereof.
- Conditions and Agreement of the Buyer
5.1 The Buyer shall under no circumstances, at any time engage with or contact a Service Provider other than through the Endorsed Software Platform, failure to comply with this provision may result in the Buyer’s Profile being removed from the Endorsed Software Platform.
5.2 In the event that the Buyer fails to comply with its conditions in terms of this Agreement or at law, then, without prejudice to Endorsed’s rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), Endorsed will be entitled to claim and the Buyer will be liable for all losses, damages and costs suffered or incurred by Endorsed as a result thereof.
5.3 The Buyer hereby agrees to adhere to generally acceptable Internet and e-mail etiquette. In this regard the Buyer will be expected to have read and familiarized itself with the Acceptable Use Policy.
5.4 The Service Provider is not in any way affiliated with Endorsed. In other words, the Service Provider is not an employee, representative, agent or contractor of Endorsed. Endorsed shall in no way, manner or form be regarded as a temporary employment service provider. It is therefore the Buyer’s sole responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the Service Provider and to enter into an appropriate agreement with the Service Provider. For the avoidance of doubt, Endorsed shall not be a party to such agreement and shall not in any way accept any Conditions or liability under such agreement.
5.5 It is the Buyer’s responsibility to ensure that it complies with all applicable labour laws.
6.1 This Agreement will commence on the Commencement Date and will endure until terminated by:
6.1.1 The Buyer at any time by deleting the Profile from the Endorsed Software Platform;
6.1.2 Endorsed at any time by deleting the Profile from the Endorsed Software Platform, in it is sole discretion.
6.1.3 In the event that Endorsed decides to discontinue the Services, this Agreement will terminate and the Buyer shall have no claims whatsoever against Endorsed as a result thereof.
7. Security and Privacy
7.1 Endorsed will take whatever action Endorsed may deem necessary and reasonable to preserve the security and reliability of its Endorsed Software Platform.
7.2 The Buyer may not utilize any service in any manner which may compromise the security of the Endorsed Software Platform, or any other network connected to the Endorsed Software Platform.
7.3 Endorsed takes reasonable steps to secure the Buyer’s payment information. Endorsed uses a third party payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
8. Communication, Complaints Process And Dispute Resolution.
8.2 Complaints must be submitted to Endorsed and will be dealt with by Endorsed in accordance with the provisions of this clause. This excludes any disputes relating to the employment relationship between the Service Provider and Buyer. Endorsed will not be a party to disputes between the Buyer and the Service Provider.
8.3 Without prejudice to the Buyer’s rights in law, the Buyer is required, to first approach Endorsed with any complaint or dispute (excluding any dispute relating to the employment relationship between the Service Provider and Buyer) and allows Endorsed an opportunity to resolve a compliant. If the complaint or dispute cannot be settled or resolved by the Buyer approaching Endorsed and all avenues to resolve the issue have been exhausted, then the Buyer may approach any relevant authority, court or other dispute resolution body or refer the matter to Arbitration.
8.4 All complaints must please be communicated in writing to [email protected]co.za. The Buyer’s complaint should include the following:
8.4.1 Contact details of the Buyer
8.4.2 the Buyer’s name and surname;
8.4.3 the Buyer’s username;
8.4.4 the date on which the complaint arose; and
8.4.5 a description of what gave rise to the complaint.
8.4.6 any actions taken so far
8.5 In the event of a billing complaint the Buyer should also include the following:
8.5.1 the reason for the dispute;
8.5.2 the amount in dispute;
8.5.3 Supporting information or documentation, if any.
8.5.4 Endorsed will acknowledge receipt of the Buyer’s complaint within 2 (two) Business Days of receipt thereof.
8.6 Endorsed will formally respond with a view to proposing a resolution of the Buyer’s complaint in writing within 14 (fourteen) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.
8.7 The Buyer may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration, for resolution of the dispute, should the Buyer not be satisfied with the proposed resolution of the dispute by Endorsed.
8.8 Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
8.9 The arbitrator shall have the power to give default judgment if any Party fails to make submissions on due date and/or fails to appear at the arbitration.
8.10 The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
9. Intellectual Property Rights
9.1 Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from the Endorsed Software Platform.
9.2 The Buyer bindingly accepts and agrees that any and all rights in and title to the Endorsed Software Platform, including all of the software, trademarks, copyright and other Intellectual Property Rights used or embodied in or in connection with the Endorsed Software Platforms, are and will remain the sole property of Endorsed (or the third party proprietor who authorizes Endorsed’s use of such intellectual property), and that no Intellectual Property Rights therein are granted or assigned under this Agreement.
9.3 You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the Endorsed Software Platform, for your own personal and non- commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties.
9.4 Endorsed grants the Buyer a non-exclusive, non-transferable, right to use the Endorsed Software Platform, solely for his/her own personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
10.1 Having regard to the definition of “Confidential Information” in 1.1.6 and in order to protect the proprietary interests of both Parties and the Service Provider in and to their Confidential Information and trade secrets, the Parties shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or the Service Provider and shall not use, copy, disseminate or in any other manner whatsoever deal with the Confidential Information, or divulge or disclose the Confidential Information to any third party.
11. Disclaimer of Warranties
11.1 The Buyer expressly understands and agrees that:
11.1.1 The Buyer’s use of the Endorsed Software Platform is at the Buyer’s sole risk. Endorsed will use reasonable processes and procedures to make the Endorsed Software Platform available to the Buyer and to maintain the availability thereof for use by the Buyer. The Endorsed Software Platform is provided on an “as is” and “as available” basis. Endorsed expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
11.1.2 Endorsed makes no warranty that the Services will meet the Buyer’s requirements. Endorsed will not assess the suitability, legality or ability of the Service Provider and the Buyer expressly waives and releases Endorsed from any and all liability, claims or damages arising from or in any way related to the Services or the Service Provider (including, without limitation, any theft or damage to property, person injury or the negligence, conduct or performance of the Service Provider).
11.1.3 Endorsed will not be a party to disputes between the Buyer and the Service Provider.
12.1 The Buyer hereby unconditionally and irrevocably indemnifies Endorsed and agrees to hold Endorsed harmless against all loss, damages, claims, liability and/or costs, of what-so-ever nature, howsoever and when-so-ever arising, suffered or incurred by Endorsed or instituted against Endorsed as a result of (without limitation to):
12.1.1 Buyer’s use of the Endorsed Software Platform;
12.1.1 Service Provider’s behavior towards Buyers or the provisioning of the Services to Buyers;
12.1.1 Buyer’s conduct towards a Service Provider;
12.1.1 Buyer’s loss of his/her password;
12.1.1 Buyer’s failure to comply with the terms of this Agreement;
12.1.1 Any unavailability of, or interruption in the Endorsed Software Platform;
12.1.1 Any other cause whatsoever relating to Endorsed’s provision of the Endorsed Software Platform to the Service Provider.
13. Limitation of Liability
13.1 Endorsed will not be liable to the Buyer, whether in contract, delict or otherwise, for any indirect or consequential damages including (without limitation) loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the Parties at the time of the conclusion of this Agreement.
13.2 Notwithstanding the provisions of this Agreement, should Endorsed be found to be liable for a claim resulting from this Agreement, then in no event shall Endorsed’s aggregate liability exceed the amounts actually paid by the Buyer to the Service Provider in the six (6) month period immediately preceding the event giving rise to a claim.
14. Amendment of this agreement
14.1 It is the Buyer’s obligation to visit the Endorsed Software Platform on a regular basis in order to determine whether any amendments have been made. Buyer’s use of the Endorsed Software Platform after changes are posted shall constitute acceptance of any changed or additional terms.
14.2 Endorsed reserves the right to amend this Agreement periodically. Any new version of the Agreement will be displayed on the Endorsed Software Platform together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published.
15.1 The Service Provider may not transfer, assign or otherwise delegate any of its rights or Conditions under this Agreement, including, without limitation, by engaging subcontractors. Endorsed shall be entitled to cede its rights and delegate its Conditions under this Agreement without the consent of the Service Provider.
15.2 This Agreement shall be governed by the laws of South Africa. The Service Provider hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by Endorsed arising out of this Agreement, provided that Endorsed shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Service Provider consents to the jurisdiction of such court.
15.3 The physical address where Endorsed will receive legal service of documents/ domicilium citandi et executandi is the following: 1st Floor, Trescoe House, Riverstone Road, Kenilworth, Cape Town, 7945
15.4 The Parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the Parties.
15.5 No indulgence, leniency or extension of time which Endorsed may grant or show to the Service Provider shall in any way prejudice Endorsed or preclude Endorsed from exercising any of its rights in the future.
- Acceptable Use Policy
16.2 By using the Endorsed Software Platform, you agree to comply with this Acceptable Use Policy. Endorsed reserves the right to change or modify the terms of the Acceptable Use Policy at any time by posting an updated version on its Endorsed Software Platform. Your use of the Endorsed Software Platform after changes to the Acceptable Use Policy are posted shall constitute acceptance of any changed or additional terms.
17. Prohibited Activities
17.1 Prohibited Activities Overview:
17.1.1 Endorsed prohibits use of the Endorsed Software Platform in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of Endorsed’s network or systems; ii) infringes intellectual property rights; iii) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or iv) constitutes abuse, a security risk or a violation of privacy.
17.1.2 Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from the Endorsed Software Platform is a violation of this Acceptable Use Policy.
17.2 Violation of Intellectual Property Rights
17.2.1 The Endorsed Software Platform shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Endorsed or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
17.2.2 You shall not reproduce duplicate, copy or re-sell any part of the Endorsed Software Platform.
17.3 Inappropriate Interaction with Minors
17.3.1 The Endorsed Software Platform should not be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children.
18. Security Violations
18.1 Buyers are responsible for ensuring and maintaining security of their own systems and the machines that connect to and use the Endorsed Software Platform, including implementation of necessary patches and operating system updates.
18.2 The Endorsed Software Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Endorsed’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.
18.3 You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
19. Your Responsibilities
19.1 You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Endorsed Software Platform. Endorsed has no responsibility for the accuracy of any information posted on the Endorsed Software Platform or accessible using the Endorsed Software Platform, including information provided by Service Provider or on third-party websites linked to the Endorsed Software Platform.
20. Interactive Endorsed Software Platform
20.1 Endorsed’s services may include interactive services, including, without limitation, chat or messaging facilities, or bulletin boards.
20.2 Endorsed will do its best to assess any possible risks for you from third parties, including Service Providers and Buyers, when using any interactive services. However, Endorsed is under no obligation to oversee, monitor or moderate any interactive service and Endorsed expressly exclude our liability for any loss or damage arising from the use of any interactive service by you.
21. Conduct Standards
21.1 The conduct standards apply to any and all information which you contribute to our Endorsed Software Platform and to any services associated with it.
21.2 You must comply with the following conduct standards below:
21.3 Conduct must never:
21.3.1 Be likely to harass, upset, embarrass or alarm any other person.
21.3.2 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
21.3.3 Give the impression that they emanate from Endorsed, if this is not the case.
21.3.4 Advocate, promote or assist any unlawful act.
21.3.5 Be likely to deceive any person.
21.3.6 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
21.3.7 Promote any illegal activity.
21.3.8 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
21.3.9 Infringe any copyright, database right or trade mark of any other person.
21.3.10 Contain any material which is defamatory of any person.
21.3.11 Contain any material which is obscene, offensive, hateful or inflammatory.
21.3.12 Promote sexually explicit material.
21.3.13 Promote violence.
21.3.14 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
21.3.15 Promote any animal services or sales besides bonafide home pet care services
21.3.16 Promote any financial aid or loan services
21.3.17 Impersonate anyone other in any capacity
- Refund Policy
22.1 If you are not 100% satisfied with your service, within 7 working days from the purchase date, we will fully refund the cost of your order provided that you have afforded us the opportunity to rectify the matter.