Terms and Conditions
ClockWork Recruitment Terms and Conditions of Service
Service Providers can use the Platform subject to the terms of this Agreement.
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.
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.
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.
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 email@example.com.
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.
“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.
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 firstname.lastname@example.org, 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If you have any questions about these Terms of Services or about the Company, Service or Platform, please contact us by email at email@example.com