Terms of Use

Website Terms of Use:

Definitions and Interpretation
Introduction:
Conditions of Use
Service
Products
Candidate Listing Service Terms
Payments
Reimbursement Policy
Suitability
Security
Information, damages and liability
Indemnity
Our Rights
Disclaimer
Governing Law and Jurisdiction
General

1.Definitions and Interpretation

In this document the words;

1.1. "the Website" refers to the ChildCareSA.com website, including any part or element thereof;
1.2. “ChildCareSA”, “Us”, “We’ , “Our” refers to the Website www.childcaresa.com, which is a self service system brought to you by Sitters4U CC, and encompasses the ChildCareSA.com website, its administrators, affiliate websites ( Sitters4U.co.za), agents and moderators.
1.3. “the Client”, “Recruiters”, “Private Employers”, “Candidates” “You” shall mean you, the party using the Website, it services or products and refers to any person who enters or uses the Website, notwithstanding the fact that such a person only visits the home page of the Website;
1.4. “ the Terms of Use” or “ the Terms” refers to this document and all attached or linked documentation;
1.5. References herein to the singular includes the plural and vice versa.

2. Introduction:
2.1. By accessing the Website you are agreeing to these Terms of Use.
2.2. In terms of Section 11 of the ECT Act 25 of 2002 and the common contract law, the following are the Terms of Use governing the legal agreement between you and ChildCareSA which are valid, binding and enforceable against all persons that access the Website, web pages or any part thereof.
2.3. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to be bound by these Terms of Use, you must leave the website immediately as further use will automatically bind you to these Terms of Use.
2.4. ChildCareSA is an advertising, self service portal which offers services to Candidates, Private Employers and Recruiters. Recruiters and Private Employers to enter their vacancies on the Site; whilst Candidates put forward their applications for listing and data recorded in their online profiles if approved, after completion of an application process for listing.
2.5. ChildCareSA, may without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting.
2.6. ChildCareSA may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
2.7. Links to legal documents in these Terms of Use, should be deemed part of these Terms of Use as provided in section 11(3) of the ECT Act.
2.8. The fact that some or all of the links may, occasionally, be out of operation, does not affect the validity and interpretation of these Terms of Use.

3. Conditions of Use
As a condition of your use of the Website you agree that:
3.1. You will not violate any laws;
3.2. You will not violate the Posting Rules;
3.3. You agree to our Privacy Policy and these Terms of Use.
3.4. You agree to provide ChildCareSA with all information required should you wish to use the products or services offered on the Website.
3.5. You agree to word an Advertisement posted on ChildCareSA within the parameters set out in the Posting Rules and you agree that you are solely liable and responsible for the accuracy, completeness, and legality of any information you provide to ChildCareSA.
3.6. ChildCareSA grants you license to view the content of the Website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only.
3.7. Content from the Website may not be used, downloaded, printed, copied or exploited by Users for any commercial and non-private purposes without the prior written consent of ChildCareSA or its Administrators.
3.8. The caching of the Website shall only be allowed if:
3.8.1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
3.8.2. The cached content is not modified in any manner whatsoever;
3.8.3. The cached content is updated at least every 12 (twelve) hours; and
3.8.4. The cached content is removed or updated when so required by ChildCareSA.
3.9. Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.
3.10. You may only use the ChildCareSA site to browse the content, make valid enquiries and you agree that you shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent claim.
3.11. It is your responsibility to acquire and maintain, at your own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
3.12. Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of the ChildCareSA.
3.13. E-mail addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes.
3.14. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to ChildCareSA and all rights detailed in section 45 of the ECT Act are reserved.
3.15. If you observe an error on the ChildCareSA.com website, you agree to report problems, offensive content and policy breaches to us by reporting the problem on our contact us page.

4. Service
4.1. ChildCareSA provides self service advertising portal which offers services to Candidates, Private Employers and Recruiters. Recruiters and Private Employers to enter their vacancies on the Site; whilst Candidates put forward their applications for listing and data recorded in their online profiles if approved, after completion of an application process for listing.
4.2. No use of the service shall be rendered without proof of payment where payment is due.
4.3. Proof of payment may be sent to info@childcaresa.com marked for the attention of ‘Accounts’.
4.4. You agree to be solely responsible for the your own interactions with any candidate or user, either met directly or through a third party that you contact through the ChildCareSA.com website.
4.5. You agree that you shall be solely responsible for the provision and accuracy of any information necessary for ChildCareSA to perform the service offered.
4.6. You are under no obligation to employ any Candidate you contact through the Website.
4.7. You agree that you shall keep all Candidates’ details strictly confidential and not to pass these details onto any other party.
4.8. ChildCareSA does not guarantee that Candidates will be interested in the position you are advertising.

5. Products
5.1. Advertising Packages
5.1.1. Advertising Packages provide you with the ability to post an advert on the Website
5.1.2. Advertising Packages to access candidates’ online profiles, interview notes and other clients comments for a certain number of days, dependant on the package purchased and as per the description found on the Website.
5.1.3. Advertising Packages provide you with the ability to request the contact details of a certain number of candidates if the candidates whose contact details have been requested, have consented to the provision of the requested details and apply for the position you or the third party you represent, is offering and provided you have enough contact credits available.
5.1.4. If your listing has expired and you do not top up your account within 5 working days, you will need to purchase a new contract.
5.1.5. One package are applicable to individual positions only. Should you wish to post more than one position, these must be posted separately and separate packages must be purchased.
5.1.6. An sms notification is included in some Advertising Packages. In this instance, an ‘sms notification’ refers to; a 160 character sms which is sent to all candidates in your area informing them of the position you are offering, providing a basic outline of the position you are offering and the jobcode.
5.1.7. ChildCareSA.com cannot, and does not guarantee that the purchase of an advertising packages provided will lead to the successful filling of a Users’s advertised vacancy/position, or the success of the end client’s campaign in general.
5.1.8. ChildCareSA.com cannot, and does not guarantee that the purchase of an advertising packages will result in applications by ChildCareSA’s Candidates.

6. Candidate Listing Service Terms
6.1. In order to become listed as an approved Candidate on the Website, Candidates are expected to complete the online application form, comply with our minimum requirements, provide the certified documentation required, be interviewed and reference checked.
6.2. The Candidate acknowledges and accepts that ChildCareSA cannot provide any Services to the Candidate unless the Candidate provides all the information necessary and in such a format as ChildCareSA requires.
6.3. Once listed Candidates are responsible for granting Recruiters and Private Employers access to their profiles and contact data. Application links which allow Candidates to apply for positions can be found at the bottom of the adverts posted by Recruiters or Private Employers who use the Website.
6.4. Candidates can choose to have their profiles visible to all Registered Recruiters and Private Employers or have their profiles completely hidden.
6.5. It is the Candidate’s responsibility to deactivate their Profile on the Website should they not be contactable for a period of time.
6.6. Candidates listed on or through the ChildCareSA.com website or affiliate sites, agree to be responsible for updating their availability, area, and contact details as and when these change on a regular basis.
6.7. Candidates listed on or through the ChildCareSA.com website or affiliate sites, agree that their contact details may be shared with users offering positions, if so requested by the user solely for the purposes of securing suitable employment for the Candidate.
6.8. ChildCareSA cannot and does not guarantee the number of times a Candidate’s CV or details will be viewed by or distributed to Users wishing to employ a Candidate listed on the Website.
6.9. ChildCareSA reserves the right to, at its sole discretion, decline to distribute or forward a Candidate’s profile or contact details, or to remove or delete a profile featured on the Website.
6.10. The Candidate agrees that any information and details they provide whether in the form of their CV or otherwise to ChildCareSA or its Administrators or to any User of ChildCareSA are true and accurate; if any of the details and/or information provided to ChildCareSA or to any User for the purposes of securing employment is found to be incorrect, inaccurate, or false in any way, ChildCareSA reserves the right to remove, delete, amend, or modify the incorrect, inaccurate, or false information without notice to the Candidate and without the Candidate’s permission. Additionally, ChildCareSA and its Administrators reserve the right to inform any third party of the incorrect, inaccurate, or false nature of this information;
6.11. ChildCareSA is under no obligation to register or list a Candidate who applies for listing on the Website or its affiliated websites or otherwise.
6.12. Candidates agree that the details and information they provide to ChildCareSA or its Administrators or to any Client of ChildCareSA will not contain any obscene, blasphemous, defamatory, discriminatory, illegal, or confidential content, or any content which infringes on the intellectual property, moral, or confidentiality rights of any individual or organisation in any way;
6.13. Candidates accepts that by using ChildCareSA.com they are fully and solely legally responsible for any information or details provided to ChildCareSA or any User, or to any third party to which this information is forwarded to by ChildCareSA or User.
6.14. Candidates acknowledge and accepts that any and all employment matters between the Candidate and a User do not involve ChildCareSA in any way and remains between the Candidate and the User.
6.15. The Candidate acknowledges and accepts that submission of the Candidate’s information does not guarantee that the Candidate will secure listing, suitable (or any) employment through ChildCareSA or the Website.
6.16. The Candidate is to ensure that he or she satisfies or will attend to the necessary immigration requirements of and are entitled to work in the country in which the employment-related position will be situated.
6.17. When a Candidate submits his or her information and/or details to ChildCareSA whether in the form of a CV or otherwise for the purposes of replying to an Advertisement found on ChildCareSA and/or securing employment, ChildCareSA will pass these details to the User who placed the advertisement to which the Candidate has replied to at ChildCareSA’s own discretion and the passing on of the Candidate's details in this regard by ChildCareSA or its Administrators is by no means guaranteed.
6.18. It is understood by the User that job advertisements may be placed on ChildCareSA by Parents and/or by an Administrator of ChildCareSA. ChildCareSA and its Administrators can by no means guarantee that any Advertisements placed on ChildCareSA will not get placed or have not been placed on any other jobs site, jobs board, or jobs advertising medium. Therefore, any job Advertisements found on or through ChildCareSA may be advertised by a third party and may relate to a job Advertisement not originally placed on ChildCareSA.
6.19. The Candidate shall uphold the reputation, Mission and Vision of the ChildCareSA at all times when dealing with it’s clients.
6.20. The Candidate shall provide accurate and complete information, to the best of the Candidates knowledge, in any and all application forms.
6.21. The Candidate accepts that any information provided by the applicant may be investigated by the agency and by any possible Clients.
6.22. First Aid Course
6.22.1. All Candidates responsible for the care of a child should hold a current valid First Aid course certificate.
6.22.2. In order to be accepted for listing where the care of minor children is required, the Candidate must produce a valid current first aid certificate or sign up to complete a course through a registered SETA approved course provider.

7. Payments
7.1. You agree to pay any invoices due within 3 days of receipt of invoice.
7.2. You agree that no service will be rendered or product made available without proof of payment.
7.3. You agree that the fees for services rendered by ChildCareSA.com may be ascertained in the relevant sections of the ChildCareSA website or as per quotation (service/product dependant).
7.4. Delinquent bills will be assessed a R100 if payment is not received within 10 days of the date on the invoice.
7.5. If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.
7.6. We reserve the right to vary our product and service fees at any time.
7.7. If unpaid ChildCareSA will have the right to obtain full payment of fees and any legal costs incurred in obtaining such fees from the Client, and will not be obliged to perform the services or provide delivery of products purchased as specified in this contract.

8. Reimbursement Policy
Product dependant: Please view the relevant section below
8.1. Advertising Packages
8.1.1. Advertising packages are not refundable.
8.1.2. Once payment is received, service is deemed to have taken place as the advert will have been placed automatically on the website.
8.1.3. Should a contract expire contact credits are not carried over to a new contract, with the exception of when a User purchases a TopUp package, within 5 working days of the expiration of the old advertising package.
8.1.4. Contact credits are not redeemable for cash and may not be resold.
8.1.5. If you have no more Contact credits but have days left on your package, these ‘days’ are not redeemable for cash.

9. Suitability
9.1. ChildCareSA shall use its best endeavours to ensure that the Candidates presented on the ChildCareSA website are suitable for the user's needs and meet ChildCareSA’s minimum mandate*, but expressly gives no warranty whatsoever that Candidates will be suitable.
9.2. You accept that you are solely responsible for assessing the accuracy and truthfulness of the information or details contained in a CV, profile or otherwise that is presented whether the Candidate is found through ChildCareSA.com or from any other source and is legally, morally, or otherwise suitable for the your employment-related purposes and that any such Candidate has the legal right to work for you in accordance with any immigration, professional, or any other regulations and obligations.

10. Security
10.1. ChildCareSA shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, ChildCareSA does not make any warranties or representations that content shall be 100% safe or secure.
10.2. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, ChildCareSA is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.
10.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
10.4. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold ChildCareSA harmless against any and all liabilities, damages, risks and losses that ChildCareSA may suffer as a result of such delivery, attempt or damaging code.
10.5. Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Website and ChildCareSA reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
10.6. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by ChildCareSA due to or related to these illegal actions.

11. Information, damages and liability
11.1. ChildCareSA does not accept liability of any description, and however arising, for any losses, impairment or damages caused to any user including negligence or any damages, impairment or losses (whether it be indirect or consequential losses, loss of business, loss of revenue, loss of income, or loss of profits) that results from your or any third parties use of or access to the Website, its products, services, information or of any affiliated Sites.
11.2. ChildCareSA cannot guarantee that the Website, any affiliated Site, or any Site that is directly or indirectly linked in any way, will be free from computer viruses, "cookies", or any malicious, damaging, or impairing code.
11.3. ChildCareSA makes no representation of any kind about any content related to the Website whether accessed on, by virtue of, or by way of links from or to the Website nor about any of the Users who use the Services of ChildCareSA where this information has been placed by a third party or registered by a user of the Website.
11.4. ChildCareSA will not be liable for any omissions, errors, or duplications made during the electronic submission, processing, and/or posting of the Advertisement by a User to ChildCareSA.
11.5. The use of the Website, all the information and advice found on or through ChildCareSA or through its affiliates and any affiliate or link of the Website remains at your own risk and discretion. ChildCareSA will not be held liable for the consequences, in whatever form, of any use of any information whatsoever found using the Website for whatever reason.
11.6. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of ChildCareSA and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
11.7. The Website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with ChildCareSA, that the content available from and through the Website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
11.8. ChildCareSA does not accept any liability for the loss or impairment of any copy, intellectual property, logos, photographs, creative material, or any data whatsoever provided to it or through it by any User of the Website.
11.9. Users of the Website will, by virtue of using or accessing ChildCareSA agree to completely indemnify ChildCareSA from any claims or liabilities resulting from failures to obtain the express consent of any person, body, or third party to use, store, process, or disclose any information of such a person, party, or body that is covered by any relevant Data Protection legislation.
11.10. ChildCareSA cannot and will not accept responsibility for any loss of data in any form and in any way and/or any consequences that may result from - any User’s Use of the Website. The User completely indemnifies ChildCareSA in this way.
11.11. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
11.12. Any and all ideas, concepts, techniques, methods, or other form of intellectual property developed by ChildCareSA or obtained during the execution of the products and services is and shall be considered the exclusive property of ChildCareSA.
11.13. ChildCareSA cannot be held responsible for any unavailability of the Website or its products and services, or the failure of the Website and/or its products and services resulting from circumstances beyond its reasonable control.

12. Indemnity
12.1. In the event that the User suffers any loss, injury or damage arising out of the Users relationship with any other User, the User hereby indemnifies ChildCareSA in respect of any claims made against ChildCareSA as a result of such loss, injury or damage by the User or by any other person.
12.2. Recruiters, Candidates and/or Visitors to the Website agree to indemnify ChildCareSA and to keep ChildCareSA in respect of, but not limited to, all liabilities, costs, damages, or legal challenges that may arise from any use of any of the products or services of the ChildCareSA, resulting from (but not limited to):

Breach of copyright and/or any trademarks.
The violation of any intellectual property rights.
Any claim of any form of discrimination.
Any breach of the Terms and Conditions and Posting Rules of this Site.
The publication of any discriminatory, libellous, and/or defamatory statement/s.

13. Our Rights
ChildCareSA reserves the right to:
13.1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website;
13.2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
13.3. use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
13.4. at our discretion , at any time and without notice or refund remove, suspend, modify, or amend any Advertisement and/or job posting which we believe is inappropriate or breaching there Terms of Use and/or Posting Rules of ChildCareSA.
13.5. at our discretion to restrict a user's access and usage of ChildCareSA.com either temporarily or permanently, or refuse a user's registration or listing.
13.6. continually modify, change, or move the layout of ChildCareSA including any Advertisement content at any time if necessary or desirable for organisational, developmental, or presentational purposes.
13.7. without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the Website if we think that they are creating problems or acting inconsistently with our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website, we do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.
13.8. at any time and without notifying Users, modify, change or otherwise amend the products and services it provides as deemed necessary or desirable and shall determine the manner in which the products and services are provided, in its absolute discretion.
13.9. at its sole discretion and without notice, report improper or illegal use of Candidates profiles or its products or services.
13.10. vary these Terms of Use at any time in order to comply with legislative requirements or changes in the Website pricing or policies. Please visit www.childcaresa.com to ascertain our latest Terms of Use, Posting rules, pricing and policies.
13.11. Remove a Candidate from listing at any point in time without notice.
13.12. All intellectual property on the Website, including but not limited to content, trademarks, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Careers24 and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Website are expressly reserved. The Website remains the exclusive property of the of ChildCareSA and reserves the right to sell, lease or otherwise distribute the Website at www.childcaresa.com at their sole discretion - without the permission of or notification to any User.

14.Disclaimer
14.1 Except where provided by statute, ChildCareSA disclaim all warranties, express or implied by law of statute, in relation to, but not limited to, ChildCareSA.
14.2 The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
14.3 The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

15. Governing Law and Jurisdiction
15.1. The Terms and Conditions of ChildCareSA shall be governed by, and construed in accordance with, the laws of South Africa and any Recruiter, Job Hunter, and/or Visitor of ChildCareSA or any of its affiliates irrevocably submit to the exclusive jurisdiction of courts of South Africa.

16. General
16.1 This document embodies the whole agreement between the User and ChildCareSA.com or its administrators and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Careers24 from the User.
16.2 No variation, amendment, modification, deletion or addition to these terms and conditions shall be valid unless in writing, agreed to and signed by both the User and Sitters4U.
16.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
16.4 No indulgence granted by ChildCareSA.com or its administrators to the User shall be deemed to be a waiver of any of rights of ChildCareSA.com or its administrators
16.5 The User understands that by agreeing to these terms the User may not employ any friends or relatives of the Candidates the User may come into contact with via ChildCareSA.com, its affiliates or its administrators.