Terms and Conditions

Terms and Conditions

ClockWork Recruitment Terms and Conditions of Service

Welcome to the ClockWork website and our applications. Your use of the Platform indicates your acceptance without modification of these terms, which will constitute a legal agreement between you and ClockWork Recruitment. If you do not want to be bound by these terms, you must not use or subscribe to the Platform. By accessing our site or our applications you agree to be bound by these terms and our privacy policy, which is available here (the “Privacy Policy”). Please note that “ClockWork Recruitment”, “ClockWork” (its trading name) and “the Company” are to be read to be one and the same entity.

  1. Interpretation
    1. In this Agreement, unless the context otherwise indicates ‑
    2. “AUP” means the Acceptable Use Policy of ClockWork that governs the use of the Platform, as amended by ClockWork from time to time;
    3. “Agreement” – these terms and conditions together with the AUP and all annexures and/or schedules hereto, as amended by ClockWork from time to time;
    4. “Commencement Date” ‑ the date on which you agree to be bound by the Agreement by way of electronic medium, for example by clicking “Sign-Up” on a web page or via your mobile device;
    5. “Confidential Information” ‑ any trade secret and any other information or other data, whether in written, oral, graphic or any other form, which either Party (“Disclosing Party”) discloses or provides to the other Party, or which otherwise becomes known to either Party through the Platform or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to an User;
    6. “ClockWork” – Clockwork Recruitment Limited with registration number 2016 / 079967 / 07, a private company registered in South Africa;
    7. “ClockWork App” – the ClockWork App which can be downloaded from the Apple App Store or Google Play;
    8. “Employer” – A User who requires a Service from a Jobseeker on the Platform and pays a fee in consideration for ClockWork assisting with the finding of this Service.
    9. “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 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 Platform, all the usual documentation associated with the Services and the Platform, and all upgrades, new versions, modifications and enhancements of the Services and the Platform, from time to time;
    10. “Parties” – ClockWork and Service Provider and “Party” one of them;
    11. “Platform” – the ClockWork platform consisting of:
      1. the website located atclockworkapp.co.za; and
      2. the ClockWork App;
    12. “Profile” – the Service Provider’s personal profile created by him/her on the Platform;
    13. “Services” – the job which the Service Provider will provide to Users using the Platform;
    14. “Service Provider” – you, the person or company creating a profile on the Platform and who is approved as a Service Provider by ClockWork;
    15. “Service Provider’s ClockWork Account” – the Service Provider’s account linked to the Profile which will indicate the amount of booking fees due to the Service Provider;
    16. “Users” ‑ subscribers to the Platform who are the end users of the Services;
    17. “UVS” – User Validation Checks – Verification checks conducted by ClockWork on information provided by Users
    18. “VAT” – Value-Added Tax levied in terms of the Value-Added Tax Act 89 of 1991 (as amended from time to time).
    19. “XP Points” – Experience Points – A quantitative figure used to assist with the differentiation of Jobseekers for employers when selecting suitable Jobseekers for work they have posted

Service Providers can use the Platform subject to the terms of this Agreement.

  1. Becoming a ClockWork Service Provider
    1. The Service Provider shall complete the registration process on the platform. The Service Provider warrants that all information provided on the Platform by the Service Provider shall be correct and up to date.
    2. The Service Provider shall read and then accept this Agreement. Should the Service Provider not agree to the terms of this Agreement, then the Service Provider should not create a Profile on or use the Platform.
    3. ClockWork shall review the Service Provider’s registration and may perform certain background checks, which may include verifying the information provided by the Service Provider, contacting referees and doing a criminal check (“Background Checks”).
    4. The Service Provider hereby consents to ClockWork performing the Background Checks.
    5. Once the Background Checks are completed, ClockWork may reject the Service Provider registration, at its sole discretion and without any obligation to provide reasons for its rejection.
    6. Service Providers are eligible to use the Platform upon registration (“Activation Date”), where the Service Provider’s profile will appear on the platform and will be visible to Users. However, if ClockWork rejects a Service Provider’s registration, the Service Provider account will be removed from the platform.
    7. ClockWork will issue a user name and password to the Service Provider on the Activation Date in order to enable the Service Provider to gain access to and/or use the Platform. The Service Provider will not be able to access and/or use the Platform without a user name and password. ClockWork will also send the Service Provider a link to enable the Service Provider to download the ClockWork App on his/her mobile device (“the Link”).
    8. The Service Provider agrees that
      1. he/she will use the Link, user name and password for his/her own personal use only, in other words, the Service Provider shall not share his/her Link, username or password with another service provider;
      2. he/she will not disclose the Link, user name and password to any other person for any reason whatsoever;
      3. in the event that his/her password are compromised, he/she will immediately notify ClockWork and change the password.
    9. ClockWork will not be responsible for any loss arising due to a third party gaining access to the Service Provider’s Profile or password and accordingly the Service Provider indemnifies ClockWork from any loss the Service Provider may suffer as a result thereof.

 

  1. Services only provide a Venue

ClockWork does not take part in the interaction between Users in relation to the Services and is not responsible for the performance of contracts by Users. ClockWork has no control over the relationship between Employers and Jobseekers, the behaviour of Users or any other aspect whatsoever relating to the work carried out by Jobseekers, or of any ratings provided by Users in respect of each other. ClockWork gives no assurances about the suitability, reliability, timeliness, or accuracy of the work requested by Employers and provided by Jobseekers identified through the Services whether in public, private, or offline interactions.

  1. Obligations and Undertakings of the Service Provider
    1. In providing the Services the Service Provider shall ‑
  1. generally use its best endeavours to promote the interests of ClockWork, with a view to enhance the image and awareness of the Platform and the Service Provider shall not do anything that may damage or negatively affect the image of ClockWork or the Platform;
  2. comply with all ClockWork policies and procedures, including but not limited to, the AUP;
  3. comply with all applicable legislation and shall not at any time act in contravention of any South African law.
  1. The Service Provider shall under no circumstances, at any time engage Users other than through the Platform, failure to comply with this provision may result in the Service Provider’s Profile being removed from the Platform.
  2. It is the Service Provider’s 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 User and to enter into an appropriate agreement with the User. For the avoidance of doubt, ClockWork shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
  3. In the event that the Service Provider fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to ClockWork’s rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), ClockWork will be entitled to claim and the Service Provider will be liable for all losses, damages and costs suffered or incurred by ClockWork as a result thereof.
  4. The Service Provider uses the Platform at his/her own risk, ClockWork shall not be liable to the Service Provider for any non-payment by a User or any additional costs or fees (like transportation costs or food) which may be incurred by the Service Provider in the course of providing the Services.
  5. The Service Provider warrants that he/she is 18 years or older and is eligible to work in the Republic of South Africa and there is nothing preventing him/her from entering into and complying with this Agreement.

 

  1. Relationship and Authority
    1. Nothing in this Agreement shall create any agency, partnership, joint venture or employment relationship between the Parties and ClockWork shall in no way, manner or form be regarded as a temporary employment service provider.
    2. The Service Provider shall not make any representation or furnish any guarantees or warranties on behalf of ClockWork to any User or any other third party in respect of the Services, unless set forth in this Agreement, or otherwise expressly authorised in writing by ClockWork.

Duration

  1. This Agreement will commence on the Commencement Date and will endure until terminated by:
    1. the Service Provider at any time by deleting the Profile from the Platform;
    2. ClockWork at any time by deleting the Profile from the Platform, in it is sole discretion.
  2. In the event that ClockWork decides to discontinue the Services, this Agreement will terminate and the Service Provider shall have no claims whatsoever against ClockWork as a result thereof.

 

  1. Public Areas; Acceptable Use

 

The Services may from time to time, contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, while using the Service, you may not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including ClockWork staff. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information. Use the Services for any purpose, including, but not limited to posting or completing any work, which is illegal or otherwise unlawful. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party. Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer. Advertise or offer to sell any goods or services for any commercial purpose through the Services which are not relevant to the services offered through the Services. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments. Post the same work repeatedly (“Spamming”). Spamming is strictly prohibited. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service. Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by ClockWork, without the prior written consent of ClockWork. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Services in any manner. Hack or interfere with the Service, its servers or any connected networks.

Adapt, alter, license, sublicense or translate the Services for your own personal or commercial use.

Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by ClockWork.

Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner. Use the Services in violation of the Marketplace Guidelines. Use the Services to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Services as set forth herein. Use the Services to collect usernames and or/email addresses of Users by electronic or other means. Register under different usernames or identities, after your account has been suspended or terminated. You understand that all submissions made to Public Areas will be public, and that you will be publicly identified by your name or login identification when communicating in Public Areas and ClockWork will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

 

  1. Security and Privacy

ClockWork will take whatever action ClockWork may deem necessary and reasonable to preserve the security and reliability of its Platform.                                                                                                        The User may not utilize any service in any manner which may compromise the security of the Platform, or any other network connected to the Platform.                                                    ClockWork takes reasonable steps to secure the User’s payment information. ClockWork uses a 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.                                                                                                             ClockWork will deal with the User’s personal information in accordance with the provisions of its Privacy Policy which is available on the Platform.

  1. Intellectual Property Rights

The User irrevocably acknowledges and agrees that any and all rights in and title to the Platform, including all of the software, trademarks, content, copyright and other Intellectual Property Rights used or embodied in or in connection with the Platform, are and will remain the sole property of ClockWork (or the third party proprietor who authorises ClockWork’s use of such intellectual property), and that no Intellectual Property Rights therein are granted or assigned under this Agreement.

You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the 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.                                                                                                          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 Platform.                                                                                                                                              ClockWork grants the User a non-exclusive, non-transferable, right to use the Platform, solely for his/her own personal, non-commercial purposes, subject to the terms and conditions of this Agreement.

  1. Account, Password, Security and Mobile Phone Use

While certain parts of the Services are accessible by everyone, in order to use the Services provided through the Services you must register and create an account on the Services (an “Account”). You are responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by ClockWork for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. ClockWork has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact ClockWork immediately. By providing your mobile phone number and using the Services, you hereby affirmatively consent to ClockWork’s use of your mobile phone number for calls and texts only where ClockWork thinks it reasonably necessary. ClockWork will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your Account or emailing connect@clockworkapp.co.za.

 

  1. Termination and Suspension

 

ClockWork may terminate or suspend your right to use the Services at any time if, in its opinion, you have failed to comply with any provision of this Agreement, if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Services, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If ClockWork terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, ClockWork reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Services. All parts of these Terms of Service, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

 

  1. Your Information and Likeness

 

“Your Information” is defined as any information and materials you provide to ClockWork or other Users in connection with your registration for and use of the Services, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User-Generated Content.“ You hereby confirm to ClockWork that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property right or rights of publicity or privacy; (d) will not violate any law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for ClockWork or cause ClockWork to lose (in whole or in part) the services of its ISPs or other partners or suppliers, for instance by posting illegal photos or other content or altering profile information to create a denial of service from a third party.

 

The Services host User-Generated Content relating to reviews of specific Jobseekers and Employers. Such reviews are opinions of Users and not the opinion of ClockWork, have not been verified or approved by ClockWork and each Employer should undertake their own research to be satisfied that a specific Jobseeker is the right person for any work to be performed. You agree that ClockWork is not liable for any User-Generated Content.

 

You hereby grant ClockWork a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Services. Each User who provides to ClockWork any videotape, film, recording, photograph, voice, or all related instrumental, musical or other sound effects, in exchange for the right to use the Services, hereby irrevocably grants to the ClockWork the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to: use any videotape, film, recording or photograph that such User provides to ClockWork, and use, reproduce, modify or creative derivative works from such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness“), in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such User in connection with the Services. Reproduce in all media any recordings of such User’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Services. Use, and permit to be used, such User’s Physical Likeness and Voice in the advertising, marketing, and/or publication of the Services in any media. Use, and permit to be used, with User’s consent, such User’s name and identity in connection with the Services.

 

  1. Links to Other Websites

 

Links (such as hyperlinks) from the Services to other third-party websites not operated by ClockWork or its partners does not constitute an endorsement or association by ClockWork of those websites, their content or its operators. Such links are provided as an information service, for reference and convenience only. ClockWork does not control any such websites, and is not responsible for any content contained on such website. It is your responsibility to independently evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by third parties is governed by the website terms of use or service and privacy policies for those websites, and not by ClockWork’s Terms of Services or Privacy Policy. You access such third-party websites at your own risk. ClockWork expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Service. As part of the functionality of the Service, you may link your account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”), for example Facebook and Twitter by either: (i) providing your Third-Party Account login information through the Service; or (ii) allowing ClockWork to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to ClockWork and/or grant ClockWork access to your Third-Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating ClockWork to pay any fees or making ClockWork subject to any usage limitations imposed by such third-party service providers. By granting ClockWork access to any Third-Party Accounts, you understand that (i) ClockWork may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Services via your account, including without limitation any friend lists, and (ii) ClockWork may submit and receive additional information to your Third-Party Account so long as you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User-Generated Content for all purposes of these Terms of Service. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or ClockWork’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time, as set out below. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. ClockWork makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ClockWork is not responsible for any SNS Content. At your request made via e-mail to connect@clockworkapp.co.za. ClockWork will deactivate the connection between the Services and your Third-Party Account and delete any information stored on ClockWork’s servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. ClockWork retains these in order to be able to check that Users who have been suspended or terminated by ClockWork do not re-apply to join.

 

  1. Copyright Complaints and Copyright Agent

 

ClockWork respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to connect@clockworkapp.co.za, with the subject “Copyright infringement claim”: a description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material that you claim has been infringed is located. Include enough information to allow ClockWork to locate the material, and explain why you think an infringement has taken place; a description of the location where the original or an authorised copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; your address, telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and

An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

 

  1. Confidentiality

 

Users shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or Users 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.

 

  1. Disclaimer of Warranties

The User expressly understands and agrees that ‑
ClockWork will use reasonable endeavours to make the Platform available to the User and to maintain the availability thereof for use by the User. However, the User’s use of the Platform is at the User’s sole risk. The Platform is provided on an “as is” and “as available” basis. ClockWork 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;                                                                                                       ClockWork will not be a party to disputes between the Employer and the Jobseeker.

  1. Work Classification and Indemnities

Users do not have authority to enter into written or oral – whether implied or express – contracts on behalf of ClockWork. Users acknowledge that ClockWork does not, in any way, supervise, direct, or control a Jobseeker’s work or works performed in any manner. ClockWork does not set a Jobseeker’s work hours or location of work. ClockWork will not provide any equipment, labour or materials needed for a particular work. As such, ClockWork will not be liable for any obligations of the Client arising under relevant employment or labour laws.

As ClockWork has no control over the relationship between Employers and Jobseekers, each User assumes all liability for proper classification of Jobseekers (who may be independent contractors or employees, as relevant) based on applicable legal guidelines. In particular, ClockWork gives no representation or warranty that a Jobseeker engaged through the service will be classified as an independent contractor and not an employee under relevant legal guidelines. As such, ClockWork will not be liable for any tax or withholding, employer’s liability, social security, PAYE or other payroll withholding tax in connection with an Employer’s use of a Jobseeker’s services (or the misclassification of a Jobseeker as an independent contractor or employee).

Employers agree to indemnify ClockWork and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with: ClockWork being incorrectly held to be an employer or joint employer of a Jobseeker;

any liability incurred by ClockWork for any tax or withholding, employer’s liability, social security, PAYE or other payroll withholding tax in connection with an Employer’s use of a Jobseeker’s services (or the misclassification of a Jobseeker as an independent contractor or employee); or any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.

  1. Limitation Of Liability

Neither ClockWork nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User. ClockWork and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with User’s use of the Platform.             ClockWork will not be liable to the User, 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.    Notwithstanding the provisions of this Agreement, should ClockWork be found to be liable for a claim resulting from this Agreement, then in no event shall ClockWork’s aggregate liability exceed the amounts actually paid to and/or due to the User in the six (6) month period immediately preceding the event giving rise to a claim.

  1. Amendment of this agreement

ClockWork reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on the 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. It is the User’s obligation to visit the Platform on a regular basis in order to determine whether any amendments have been made. User’s use of the Platform after changes are posted shall constitute acceptance of any changed or additional terms.

 

  1. General

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.                                                             No indulgence, leniency or extension of time which ClockWork may grant or show to the User shall in any way prejudice ClockWork or preclude ClockWork from exercising any of its rights in the future.                                                                                                                                            The User may not transfer, assign or otherwise delegate any of its rights or obligations under this Agreement. ClockWork shall be entitled to cede its rights and delegate its obligations under this Agreement without the consent of the User.

  1. Governing Law

These Terms of Services and your use of the Services shall be governed by South African law. You agree that any dispute between you and us regarding these Terms of Service or the Services will only be dealt with by the South African courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

  1. Acceptable Use Policy
  • Introduction
  • By using the Platform, you agree to comply with this AUP. ClockWork reserves the right to change or modify the terms of the AUP at any time by posting an updated version on its Platform. Your use of the Platform after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
  • Prohibited Activities
    • General Prohibitions:
    • ClockWork prohibits use of the Platform in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of ClockWork’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.
    • 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 Platform is a violation of this AUP.
  • Violation of Intellectual Property Rights:

The 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 ClockWork 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.

You shall not reproduce, duplicate, copy or re-sell any part of the Platform.

  • Inappropriate Interaction with Minors:

The 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.

  • Security Violations

Users are responsible for ensuring and maintaining security of their own systems and the machines that connect to and use the Platform, including implementation of necessary patches and operating system updates.

The Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of ClockWork’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.

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.

  • Your Responsibilities

You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Platform. ClockWork has no responsibility for the accuracy of any information posted on the Platform or accessible using the Platform, including information provided by Service Provider or on third-party websites linked to the Platform.

  1. Contacting Us

 

If you have any questions about these Terms of Services or about the Company, Service or Platform, please contact us by email at connect@clockworkapp.co.za