Terms and Conditions for Jobs4Law
Please note that if you do not agree to the Terms and Conditions of this web site, you must leave the site immediately, as further
use will bind you to these terms and conditions.
Table of Contents
1 Definitions
2 Customer bound by Terms and Conditions
3 Services Provided
4 Commencement Date and Duration
5 Acceptable Use of the Web Site by Users
6 Security Measures and Technical Specifications
7 Disclaimer
8 Limitation of liability
9 Indemnity
10 Privacy and Confidentiality
11 Cession of this Agreement
12 Intellectual Property
13 Warranties and Guarantees
14 Entire Agreement
15 Waiver and Indulgences
16 Termination
17 Summary Termination
18 Breach of Agreement
19 Governing Law and Disputes
20 Electronic Communications
21 Additional Information Required by ECT Act
Created: 20th January 2010
1 Definitions
1.1 “Agreement” or “Terms and Conditions” means this Agreement between Jobs4Law and the Customer together
with any annexures hereto, as amended from time to time and as made available on the Web Site.
1.2 “Business Day” means any day other than a religious holiday, a Saturday, Sunday or public holiday officially
recognised as such in the Republic of South Africa.
1.3 “Confidential Information” means technical, production, financial and marketing knowhow, methods,
techniques, data strategies and trade secrets of the relevant party as well as each party’s computer technology,
business activities and products and general services and any other matters which relate to the business and
affairs of each party which is non-public, confidential and not readily available to competitors of such party in
the ordinary course of business and to which the other party, its employees and agents may gain access
pursuant to the provisions of this Agreement.
1.4 “Customer” or “you” means the persons and/or legal entities who accept these Terms and Conditions and use
the Web Site, and whose full and further details are provided to Jobs4Law by means of the Web Site, which
details the Customer chooses as its addresses for the purposes of receiving notices as contemplated in this
Agreement.
1.5 “ECT Act” means that Electronic Communications and Transactions Act no 25 of 2002, as amended from time to
time. A copy of the act can be accessed from the web site at http://www.internet.org.za/ect_act.html.
1.6 “Personal Information” means that information as defined as such by the Promotion of Access to Information
Act no 2 of 2000.
1.7 “Registration” or “Registering” means the process of signing up to the Services as provided by Jobs4Law by
means of the Web Site and includes the provision of personal information and agreeing to these Terms and
Conditions.
1.8 “Jobs4Law” means Pearson Publishing (cc) trading as Jobs4Law, a close corporation company registered in
terms of the laws of South Africa registration number 2008/195151/23 together with its successors-in-title and
assigns of 29 Adelaide Drive, Glenashley, Durban which address it hereby selects as domicilia citandi et
executandi and of PO Box 20646, Durban North, 4016, email info@Jobs4Law.co.za, fax +27 (0) 86 613 7890
which aforegoing addresses it hereby selects as addresses for the purposes of receiving notices as
contemplated in this Agreement.
1.9 “Services” means various data that is provided to the User from various sources by means of the Web Site as
set out in clause 3 of these Terms and Conditions.
1.10 “SMS” means Short Message System, a text-only communication medium used by cellular telephones.
1.11 “User” means each single natural person using the Web Site.
1.12 “User Account” means a registration account which is protected by a username and password.
1.13 “Web Site” means http://www.Jobs4Law.co.za.
1.14 “You” means the Customer.
2 Customer bound by Terms and Conditions
2.1 By using and/or Registering on the Web Site you agree and undertake to be bound by these Terms and
Conditions of Use. If you do not accept these Terms and Conditions you must leave the Web Site immediately
as further usage of same will bind you to these terms and conditions.
2.2 Jobs4Law may update these Terms and Conditions from time to time without any notice to you. By using the
Web Site after these Terms and Conditions have been updated you agree to be bound by the updated Terms
and Conditions. The date at the top of these Terms and Conditions indicates when last these Terms and
Conditions were varied and certificate issued by a member of Jobs4Law, whose appointment, qualification and
authority need not be proved, shall be prima facie proof of the date of publication and content of the current
version and all previous versions of these Terms and Conditions.
3 Services Provided
3.1 General Users may browse the Web Site for employment vacancies and candidates to fill vacant positions in a
firm. The site will also provide further links to similar web sites of interest.
3.2 Via a secure login, Jobs4Law allows Users post jobs and resumes, and also allows them to post comments on
the Web Site.
3.3 Jobs4Law endeavours to provide the information on a 24 hours, 7 days a week basis, however cannot be held
accountable should dependent services interrupt such service.
3.4 Jobs4Law does not do any verification of any candidates or of positions advertised, it merely provides the
information given by the parties, and introduces the parties to each other, it can therefore not be held
accountable for the information provided to this Web Site.
3.5 The charges for the services are indicated in the Subscription section of the user profile; however it must be noted
that all successful placements of staff will attract a 9% of the first basic annual salary and commissioned staff placed
will attract a once-off placement fee of R20 000 excluding VAT. Should any placements be made for temporary staff
through the Jobs4Law system, the fee will be 25% of the monthly salary. All applicants will be allowed to use the
site at no charge. The percentage is also available in the "How It Works" article on the front page of the web site.
4 Commencement Date and Duration
4.1 This Agreement is effective from the first time you visit this Web Site and will remain valid until you leave the
site.
5 Acceptable Use of the Web Site by Users
5.1 You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Web
Site or otherwise attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any security
mechanisms.
5.2 You agree that you will at all times keep the Web Site, all information relating to your use of the Web Site
including any benchmarks, performance results and other information confidential, unless otherwise expressly
agreed in writing by Jobs4Law.
5.3 Should the User become aware of any threat to the security of the Web Sites or to the Jobs4Law Services
generally the User will inform Jobs4Law immediately and take appropriate steps to minimise any damage that
may occur if appropriate.
5.4 The User agrees and warrants that its log-in name and password shall:
5.4.1 be used for personal use only; and
5.4.2 not be disclosed to any third party aside from the Registered Users and the User Administrator.
5.5 Hyperlinks to the Jobs4Law web site from any other source shall be directed at the home page of the Jobs4Law
web site. Jobs4Law shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted
from the use of content from the Jobs4Law web site. Persons that wish to link to content beyond the home
page of the Jobs4Law web site shall do so at their own risk and indemnify Jobs4Law against any loss, liability or
damage that may result from the use of content from the Jobs4Law web site.
5.6 Users may quote small and reasonable amounts of content available from the Jobs4Law web site only if such
quote is placed in inverted commas and acknowledged.
5.7 No person may frame the Jobs4Law web site, in any manner whatsoever, without the prior written consent of
Jobs4Law.
5.8 Apart from bona-fide search engine operators and use of the search facility provided on the Jobs4Law web site
by Users, no person may use or attempt to use any technology or applications (including web crawlers or web
spiders) to search or copy content from the Jobs4Law web site for any purposes, without the prior written
consent of Jobs4Law.
5.9 All licenses and/or permissions granted in terms of this clause 5 are provided on a non-exclusive and non-
transferable basis and may be terminated or cancelled by Jobs4Law at any time without giving reasons
therefore.
6 Security Measures and Technical Specifications
6.1 You agree that Jobs4Law may take all reasonable steps to ensure the integrity and security of the Web Site and
back-office applications.
6.2 Personal information may only be accessed by registered users of Jobs4Law who have agreed to respect the
confidentiality of the data. This information is password protected. User information is confirmed by email as a
security measure. Personal Information is housed at secure solution which is backed up daily.
7 Disclaimer
7.1 The Web Site and the material contained herein is provided by Jobs4Law and by third party providers and as
such, while Jobs4Law tries to provide quality information it makes no claims, promises or guarantees about the
accuracy, completeness, or adequacy of the information contained in or linked to through this Web Site and
any associated web sites.
7.2 Jobs4Law does not accept any responsibility if any connection, reference, hyperlink or information is
unavailable or incorrect and makes no representations that the Services will be uninterrupted or error free.
7.3 The Web Site is provided on an “as is” basis and has not been compiled to suit individual User needs. You are
solely responsible to ensure that the Web Site will meet your needs and that the hardware and software that
you use is compatible with the Web Site.
7.4 Any information contained in the Web Site does not constitute advice nor does it express the official opinion of
Jobs4Law.
7.5 Neither Jobs4Law nor any of its agents, representatives, employees and successors in title shall be liable for any
damage, loss or liability of whatsoever nature arising from the use or inability to use any Service provided on
the Web Site.
8 Limitation of liability
8.1 Notwithstanding the above, in the event that Jobs4Law is found to be liable for any direct damages suffered by
you or any third party, such liability will be limited to an amount equal to 1 (one) months average net profit
taken from the average monthly revenue during the 6 (six) month period immediately preceding the date upon
which the claim for such damages arose.
9 Indemnity
9.1 The Customer hereby indemnifies Jobs4Law from any claim for damages (including but not limited to
consequential damages and damages based on pure economic loss) which is based on any actions or omissions
which are committed by is agents, employees and representatives (which includes, but is not limited to, Users
of the Web Site).
10 Privacy and Confidentiality
10.1 Jobs4Law shall take all reasonable steps to protect the personal information of Users.
10.2 On registration Jobs4Law electronically collects, stores and uses the personal information you have entered in
your job posting or resume so that Jobs4Law may use this information to link job applicants with prospective
job vacancies, and also so that job vacancies can be linked to prospective candidates.
10.3 The User may elect not to receive any promotional communications from Jobs4Law and/or its partners /
affiliates.
10.4 Jobs4Law shall not disclose personal information to non registered users unless:
10.4.1 the User consents thereto;
10.4.2 Jobs4Law is ordered to disclose this information by a court of law;
10.5 Jobs4Law owns and retains all rights to non-personal statistical information collected and compiled by
Jobs4Law.
11 Cession of this Agreement
11.1 You agree not to cede, assign or sell the rights herein accorded to you without the written consent of Jobs4Law,
which consent will not be unreasonably withheld. Jobs4Law may cede, assign or sell the rights contained herein
on written notice to you.
12 Intellectual Property
12.1 All the content, trademarks and data on this Web Site, including but not limited to, software, databases, text,
graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to
Jobs4Law and as such are protected from infringement by local and international legislation and treaties.
12.2 The intellectual property of either party, which includes their trademarks, designs, copyrights and patents will
remain the Intellectual Property of the appropriate party and no Intellectual Property rights are conferred on
either party by these Terms and Conditions, nor is either party entitled to use the other’s Intellectual Property
without prior written consent by a duly authorised representative of the relevant party.
13 Warranties and Guarantees
13.1 To the maximum extent permitted, all warranties, conditions and terms that do not form part of this
Agreement are excluded whether express or implied.
14 Entire Agreement
14.1 These Terms and Conditions constitute the whole of the agreement between the parties hereto relating to the
subject matter hereof and, save as otherwise provided herein, no amendment, alteration, addition, variation or
consensual cancellation will be of any force or effect unless reduced to writing either placed on the Web Site as
described in clause 2.2 or reduced to paper form and signed by both the parties hereto.
15 Waiver and Indulgences
15.1 No change, waiver or discharge of the Terms and Conditions shall be valid unless it is in writing and is signed by
an authorised representative of the party against which such change, waiver or discharge is sought to be
enforced, and any such change, waiver or discharge will be effective only in the specific instance and for the
purpose given. No failure or delay on the part of either party hereto in exercising any right, power or privilege
under this agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power
or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
16 Termination
16.1 Written notice to the other which notice may be communicated electronically using the contact information as
set out in clause 1.8 and as provided by the Customer on the Web Site.
17 Summary Termination
17.1 Either Party shall have the right at any time by giving written notice to the other Party to terminate this
Agreement forthwith in any of the following events:
17.1.1 If either Party enters into liquidation whether compulsorily or voluntarily, otherwise than for the purposes of
amalgamation or reconstruction, or compounds with its creditors or takes or suffers any similar action in
consequence of debt;
17.1.2 If the Customer purports to assign the burden of benefits of this Agreement without the written consent of
Jobs4Law;
17.1.3 If any hostilities or acts of war break out or are threatened which may affect trading conditions in South
Africa; and
17.1.4 In the event of either of the Parties being unable to carry on business due to a force majeure.
17.2 In the event that a party breaches any clause of this agreement the non-defaulting party shall provide written
notice of the breach of this agreement to the other, which notice may be communicated electronically. If the
breach is not rectified within five (5) calendar days of the communication of the said notice the non-defaulting
party shall be entitled, in addition to any other rights and remedies that it may have in terms of this agreement
or otherwise, to terminate this agreement immediately by providing written notice to the other party without
prejudice to any claims which such party may have for damages against the other.
18 Breach of Agreement
18.1 In the event that you breach of any of these Terms and Conditions (other than those which contain their own
remedies or limit the remedies in the event of a breach thereof) Jobs4Law shall be entitled, without prejudice
to any other right it may have in law, to claim specific performance (if such is a competent remedy in the
circumstances) or, by written notice to the defaulting Party, to cancel this Agreement immediately and, in
either event, to claim such damages as it may thereby have suffered.
18.2 No cancellation of this Agreement shall affect the provisions of clauses which, expressly or by implication, are
intended to survive the termination or cancellation of this Agreement.
19 Governing Law and Disputes
19.1 Save in respect of those provisions of the agreement which provide for their own remedies which would be
incompatible with arbitration, a dispute which arises in regard to:
19.1.1 the interpretation of;
19.1.2 the carrying into effect of;
19.1.3 any of the Parties' rights and obligations arising from;
19.1.4 the termination or purported termination of or arising from the termination of; and/or
19.1.5 the rectification or proposed rectification of this agreement, or out of or pursuant to this agreement or on
any matter which in terms of this agreement requires agreement by the parties, (other than where an
interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be
submitted to and decided by arbitration in accordance with the rules of the Arbitration Forum of South Africa
(as amended by this Agreement).
19.2 The arbitration shall be held with only the Parties and their representatives present thereat in Durban, Republic
of South Africa, and the arbitration proceedings shall be conducted in the English language.
19.3 It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty one) working
days after it has been demanded. The Parties shall use their best endeavours to procure the expeditious
completion of the arbitration.
19.4 Save as expressly provided in this agreement to the contrary, the arbitration shall be subject to the arbitration
legislation for the time being in force in the Republic of South Africa.
19.5 The arbitrator shall be an impartial practising advocate of not less than 5 (five) years standing appointed by the
parties or, failing agreement by the Parties within 14 (fourteen) days after the arbitration has been demanded,
at the request of either of the Parties the arbitrator shall be nominated by the President for the time being of
the Law Society of the KwaZulu Natal (or its successor in the KwaZulu Natal). If that person fails or refuses to
make the nomination, either party may approach the High Court of South Africa to make such an appointment.
To the extent necessary, the court is expressly empowered to do so.
19.6 The Parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator
confidential unless otherwise contemplated herein.
19.7 The arbitrator shall be obliged to give his award in writing fully supported by reasons.
19.8 The provisions of this clause are severable from the rest of this agreement and shall remain in effect even if this
agreement is terminated for any reason.
19.9 The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due
date and/or fails to appear at the arbitration.
20 Electronic Communications
20.1 Save when specifically indicated otherwise all communications between you and Jobs4Law may be conducted
electronically.
21 Additional Information Required by ECT Act
21.1 Jobs4Law Details:
Company Name: Pearson Publishing (cc) trading as Jobs4Law, registration number 2008/195151/23.
Member: MP Pearson
Address: 29 Adelaide Drive, Glenashley, Durban, 4051
Postal Address: PO Box 20646, Durban North, 4016.
Email address: info@Jobs4Law.co.za.
Telephone number: 031 572 2709
Fax +27 (0) 86 613 7890
Membership of regulatory bodies: None.