Terms and Conditions for Lulaway Holdings PTY
Definitions: (the following words or phrases are deemed to have the following meanings unless the context requires otherwise).
1. “Lulaway Holdings PTY” means Lulaway Holdings PTY, a PTY Company registered in terms of the laws of South Africa registration number 2012/030481/07 together with its successors-in-title and assigns of 524 Louis Botha Avenue, Suite 2, Highlands Centre, HIGHLANDS NORTH, 2192 which address it hereby selects as domicilia citandi et executandi and e-mail firstname.lastname@example.org, Tel +27 11 887 4499 and fax: +27 011 887 4499 which foregoing addresses it hereby selects as addresses for the purposes of receiving notices as contemplated in this Agreement.
2. “Advertisement Listing” means any Advertisement that has been posted by a Client or any other party on the Advertisement Section of Lulaway Holdings PTY.
3. “Advertisement” means any recruitment advertisement or recruitment-related advertisement or any other advertisement, provided by the Client or any other party and appearing in any accepted form anywhere on Lulaway Holdings PTY and at any time.
4. “Advertising Agency” means any client who uses Servicesin relation to an End User, whether such a Client receives such services on behalf of an End User or is directly or indirectly providing the services on to an End User.
5. “Agreement” or “Terms and Conditions” means this Agreement between Lulaway Holdings PTY and the Client together with any annexures hereto, as amended from time to time and as made available on the Web Site.
6. “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.
7. “Candidate” means an applicant or user of any type who uses Lulaway Holdings PTYs for the purposes of finding employment or applying to a vacancy of any type advertised on Lulaway Holdings PTY in any form, hereafter referred to as “Workseeker “.
8. “Client” means any person or organisation or group of persons who use Lulaway Holdings PTYs, where such a person, organisation, or group of persons includes but is not limited to: Direct Employers, Recruitment Agencies, Advertising Agencies, End User, or any other Recruiting body or candidates searching for jobs. These persons or groups of persons may at times throughout these terms and conditions be referred to as “Recruiter”, “Employer”, “User(s)”. “Workseeker” or simply “Client”.
9. “Confidential Information” means personal, 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.
10. “Contract” means the contract for the provision of any services and comprising these Terms and Conditions and a Lulaway Holdings PTY Agreement.
11. “Customer” or “you” mean 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 Lulaway Holdings PTY 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.
12. “CV” means the curriculum vitae, or any form of any provision of a Workseekers’ details which includes but is not limited to any details of any kind of a Workseekers’ education, skills, training, employment experience, and contact details which is or has been provided toLulaway Holdings PTY by a Workseeker for distribution to Recruiters in any way for the purposes of securing employment.
13. “Direct Employer” means a Client who receives or makes use of the services of Lulaway Holdings PTYs provided for the purposes of their own recruitment needs and not on behalf of any other third party.
14. “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.
15. “End User” means shall be the person or organisation that employs the Workseeker in a formal / informal position on a part time, contract, permanent or any other manner.
16. “Live Advertisement” means an Advertisement which is currently live and viewable on Lulaway Holdings PTY.
17. “Lulaway Holdings PTY Agreement” means Lulaway Holdings PTY Agreement entered into between the Client and Lulaway Holdings PTY
18. “Personal Information” means that information as defined as such by the Promotion of Access to Information Act no 2 of 2000 and Protection of Personal Information Bill.
19. “Posting Requirements” means the applicable rules and requirements specified by Lulaway Holdings PTY for the placement of an advertisement, posting or any contemplated services in terms of the Agreement.
20. “Recruiter” means any person or body working in any capacity or on behalf of a Direct Employer, Recruitment Agency or Advertising Agency for the purposes of using Lulaway Holdings PTY and its services to advertise employment-related vacancies and/or find information on suitable candidates to fill any employment-related needs or vacancies.
21. “Recruitment Agency” means any Business who source Workseekers on behalf of End Users or Direct Employers or Employment related Business or Employment Agency as defined by the Skills Development Act (Act 97 of 1998) (and all regulations that have been made there under).
22. “Referring Agent” means any person/s who recommends/refers another person who subsequently signs up to Lulaway Holdings PTY for the purposes of securing employment.
23. “Registered User” means any person who has signed up and has access to information on Lulaway Holdings PTY, agreed to the Terms and Conditions and has been issued with a User name and Password in terms of a User Account.
24. “Registration” or “Registering” means the process of signing up to the services as provided by Lulaway Holdings PTY by means of the Web Site and includes the provision of personal information and agreeing to these Terms and Conditions.
25. “Services” means the services which the Lulaway Holdings PTY agrees to provide to Clients.
26. “SMS” means Short Message System, a text-only communication medium used by cellular telephones.
27. “Terms and Conditions” means these standard Terms and Conditions.
28. “User Account” means a registration account which is protected by a username and password.
29. “User” means each single natural person using the Web Site.
30. “Vacancy Listing” means a page or section of Lulaway Holdings PTY which lists all the Advertisements of any user or anybody as allowed by Lulaway Holdings PTY.
31. “Visitor” means an internet-user who visits and/or uses for any purpose any page, part or section ofLulaway Holdings PTY for any reason and at any time.
32. “Web Site” means http://www.lulaway.co.za.
33. “You” means the Customer, Client, or User.
Users may browse the Web Site for candidates to fill vacancies in a Company.
Lulaway Holdings PTY endeavours to provide the information a continuous basis, but however cannot be held liable should such Lulaway Holdings PTY be interrupted
Although Lulaway Holdings PTY does verification of 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 or responsible for the information provided to or on this Web Site.
The charges for the Services are indicated in the Subscription Section of the user profile
Terms and Conditions: General
All the information and advice found on or through Lulaway Holdings PTY is used by a Recruiter, Workseeker, or Visitor of Lulaway Holdings PTY entirely at their own risk and discretion. Lulaway Holdings PTY and its Administrators will not be held liable for the consequences, in whatever form, of any use of any information whatsoever found using Lulaway Holdings PTY for whatever reason.
Lulaway Holdings PTY reserves the right to continually modify, change, or move the layout of Lulaway Holdings PTY including any Advertisement content at any time if necessary or desirable for organisational, developmental, or presentational purposes.
Lulaway Holdings PTY does not make any representation of any kind about any Advertisement content related to Lulaway Holdings PTY whether accessed on, by virtue of, or by way of links from or to Lulaway Holdings PTY nor about any of the Clients who use Lulaway Holdings PTYs where this information has been placed by a third party or registered user of Lulaway Holdings PTY.
Lulaway Holdings PTY reserves the right to, at any time and without notifying Recruiters or Workseekers, modify, change or otherwise amend the services it provides and shall determine the manner in which the Services are provided in its absolute discretion.
Any and all ideas, concepts, techniques, methods, or other form of intellectual property developed by Lulaway Holdings PTY or obtained during the execution of the Services is and shall be considered the exclusive property of Lulaway Holdings PTY.
Lulaway Holdings PTY cannot be held responsible for any unavailability of Lulaway Holdings PTY or its Lulaway Holdings PTYs, or the failure of Lulaway Holdings PTY and/or its Services resulting from circumstances beyond its reasonable control.
Lulaway Holdings PTY reserves the right to, at its sole discretion and without notice, report the improper or illegal use of CV’s or its Lulaway Holdings PTYs.
Recruiters, Workseekers, and any and all Visitors use the Lulaway Holdings PTY at Lulaway Holdings PTY completely at their own risk.
The services of Lulaway Holdings PTY remains the exclusive property of the Administrator of Lulaway Holdings PTY and the Administrator reserves the right to sell, lease or otherwise distribute Lulaway Holdings PTY at his sole discretion – without the permission of or notification to any Recruiter, Workseeker, or Visitor.
The Web Lulaway Holdings PTY and administrators of Lulaway Holdings PTY cannot guarantee the accuracy of any information found on or through Lulaway Holdings PTY. All such information is used completely at the visitors own risk and neither Lulaway Holdings PTY nor its administrators will accept responsibility for the use of this information in any way or form, nor for any consequences which may or may not result as a result of the use of this information.
Lulaway Holdings PTY and/or its Administrators 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 there from. Any Visitor/User of Lulaway Holdings PTY completely indemnifies Lulaway Holdings PTY and its Administrators in this way.
Use of the Web Site
You may not modify, translate, reverse engineer, de-compile, 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.
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 Lulaway Holdings PTY.
Should the User become aware of any threat to the security of the Web Sites or to the Lulaway Holdings PTY Services generally the User will inform Lulaway Holdings PTY immediately and take appropriate steps to minimise any damage that may occur if appropriate.
The User agrees and warrants that its log-in username and password shall:
a) Be used for the intended use only; and
b) Not be disclosed to any third party aside from the Registered Users and the User Administrator.
Hyperlinks to the Lulaway Holdings PTY web site from any other source shall be directed at the home page of the Lulaway Holdings PTY web site. Lulaway Holdings PTY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Lulaway Holdings PTY web site. Persons that wish to link to content beyond the home page of the Lulaway Holdings PTY web site shall do so at their own risk and indemnify Lulaway Holdings PTY against any loss, liability or damage that may result from the use of content from the Lulaway Holdings PTY web site.
Users may quote small and reasonable amounts of content available from the
Lulaway Holdings PTY web site only if such quote is placed in inverted commas and acknowledged.
No person may frame the Lulaway Holdings PTY web site, in any manner whatsoever, without the prior written consent of Lulaway Holdings PTY.
Apart from bona-fide search engine operators and use of the search facility provided on the Lulaway Holdings PTY 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 Lulaway Holdings PTY web site for any purposes, without the prior written consent of Lulaway Holdings PTY.
All licenses and/or permissions granted in terms of this Clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Lulaway Holdings PTY at any time without giving reasons there for.
Terms and Conditions: Recruiters
Recruiters need to agree to both the Full Terms and Conditions and Posting Requirements of Lulaway Holdings PTY before posting jobs advertisements
The Recruiter agrees to provide Lulaway Holdings PTY with all information required by Lulaway Holdings PTY to provide the services offered by Lulaway Holdings PTY.
The Recruiter agrees to word an Advertisement posted on Lulaway Holdings PTY within the parameters set out in the Requirements and is solely liable for content which it provides.
The Recruiter is solely responsible for the accuracy, completeness, and legality of any information it provides to Lulaway Holdings PTY or its Administrators. Lulaway Holdings PTY will not be liable for any omissions, errors, or duplications made during the electronic submission, processing, and/or posting of the Advertisement by the Recruiter to Lulaway Holdings PTY.
Lulaway Holdings PTY cannot and does not guarantee that services provided will lead to the successful filling of a Recruiter’s advertised vacancy/position, or the success of the Recruiter’s or End User’s advertising campaign in general.
The Recruiter accepts that they are solely responsible for assessing the accuracy and truthfulness of the information or details contained in a CV or otherwise that is sent to the Recruiter by Lulaway Holdings PTY, its Administrators, or a Workseeker, or that of the information or details of any Workseeker found on or through Lulaway Holdings PTY.
The Recruiter accepts that they are solely responsible for assessing whether a Workseeker found through Lulaway Holdings PTY is legally, morally, or otherwise suitable for the Recruiter’s employment-related purposes and that any such Workseeker has the legal right to work for the Recruiter in accordance with any immigration, professional, or any other regulations and obligations.
The Recruiter acknowledges and accepts that any and all employment matters between the Recruiter and a Workseeker do not involve Lulaway Holdings PTY or its Administrators in any way and remain between the Recruiter and the Workseeker.
After the Advertisement has been electronically submitted or otherwise posted on to Lulaway Holdings PTY, the Recruiter may at any reasonable time delete any of the Advertisement content from Lulaway Holdings PTY.
The Recruiter may re-post an existing, live Advertisement Listing once per day throughout the Advertisement’s lifespan. Lulaway Holdings PTY and its Administrators reserve the right to remove/delete Listings where abuse of this allowance is taking place.
Lulaway Holdings PTY reserves the right to modify and/or delete any Advertisement or refuse to post or allow the electronic submission of any Advertisement or Advertisement content to Lulaway Holdings PTY if:
1. The content of the Advertisement is not consistent with Lulaway Holdings PTY’s reasonable advertising standards;
2. The content of the Advertisement either does or is likely to breach any applicable law or regulation;
3. The content of the Advertisement is not currently or is not likely to be consistent with Lulaway Holdings PTY’s Requirements;
4. The Recruiter has breached or is likely to breach any of the Terms and Conditions;
5. The content of the Advertisement is obscene, blasphemous, defamatory, discriminatory, illegal, or infringes on the Intellectual Property Rights of any individual or organisation.
The Recruiter uses Lulaway Holdings PTY at its own risk.
Lulaway Holdings PTY reserves the right to delete, remove, or suspend any Advertisement without any reason and at any time.
The Recruiter accepts full legal responsibility for any content it places on Lulaway Holdings PTY, in whatever form. The Recruiter agrees that they will be solely liable for this content.
Terms and Conditions: Workseekers
The Workseeker acknowledges and accepts that Lulaway Holdings PTY cannot provide any services to the Workseeker unless the Workseeker provides all the information necessary and in such a format as Lulaway Holdings PTY requires.
The services provided by Lulaway Holdings PTY are subject to any instructions from a Workseeker that his or her information and details should not be made available to the Client and Lulaway Holdings PTY will only make available, send, or supply copies of a Workseeker’s CV which have been received by it for distribution to Recruiters solely for the purposes of securing suitable employment for the Workseeker.
Lulaway Holdings PTY cannot and does not guarantee the number of times a Workseeker’s CV will be viewed by or distributed to Recruiters.
Lulaway Holdings PTY reserves the right to, at its sole discretion, decline to distribute or forward a Workseeker’s CV, or to remove or delete a CV on Lulaway Holdings PTY.
The Workseeker undertakes that:
1. The information and details they provide whether in the form of their CV or otherwise to Lulaway Holdings PTY or its Administrators or to any Recruiter/Client of Lulaway Holdings PTY are true and accurate;
2. If any of the details and/or information provided to Lulaway Holdings PTY or its Administrators or to any Client of Lulaway Holdings PTY for the purposes of securing employment is found to be incorrect, inaccurate, or false in any way, Lulaway Holdings PTY reserves the right to remove, delete, amend, or modify the incorrect, inaccurate, or false information without notice to the Workseeker and without the Workseeker’s permission.
3. Additionally, Lulaway Holdings PTY and its Administrators reserve the right to inform any third party of the incorrect, inaccurate, or false nature of this information;
4. The details and information they provide to Lulaway Holdings PTY or its Administrators or to any Client of Lulaway Holdings PTY 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;
5. They are solely responsible for any information or details provided to Lulaway Holdings PTY or its Administrators or to any Client of Lulaway Holdings PTY, or to any third party to whom this information is forwarded to by Lulaway Holdings PTY, its Administrators, or any Client of Lulaway Holdings PTY.
6. The Workseeker accepts full and sole legal responsibility for this information and its use by other parties for the purposes of the Workseeker securing employment;
7. The Workseeker acknowledges and accepts that any and all employment matters between the Workseeker and a Recruiter do not involve Lulaway Holdings PTY in any way and remain between the Workseeker and a Recruiter or End User.
The Workseeker acknowledges and accepts that submission of the Workseeker ’s information, details, and/or CV to Lulaway Holdings PTY, its Administrators, or a Recruiter does not necessarily guarantee that the Workseeker will secure suitable (or any) employment.
The Workseeker 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.
When a Workseeker submits his or her information and/or details to Lulaway Holdings PTY or its Administrators whether in the form of a CV or otherwise for the purposes of replying to an Advertisement found on Lulaway Holdings PTY and/or securing employment, Lulaway Holdings PTY will pass this CV/information/details to the Recruiter who placed the Advertisement to which the Workseeker has replied to at Lulaway Holdings PTY’s or its Administrator’s own discretion and the passing on of the Workseeker ‘s CV/information/details in this regard by Lulaway Holdings PTY or its Administrators is by no means guaranteed. Lulaway Holdings PTY and its Administrators reserve the right to choose at their own discretion whether to inform or not to inform a Workseeker or a Recruiter if such information provided by the Workseeker for the purposes of securing employment has been passed on in any way to the Recruiter.
On registration Lulaway Holdings PTY electronically collects, stores and uses the personal information which have been entered in your Lulaway Holdings PTY so that Lulaway Holdings PTY may use this information to link Workseekers with vacancies, and also so that vacancies can be linked to prospective candidates.
Job advertisements may be placed on Lulaway Holdings PTY by Recruiters and/or by an Administrator of Lulaway Holdings PTY. Lulaway Holdings PTY and its Administrators can by no means guarantee that any Advertisements placed on Lulaway Holdings PTY will not get placed or have not been placed on any other jobs Lulaway Holdings PTY, jobs board, or jobs advertising medium. Therefore, any job Advertisements found on or through Lulaway Holdings PTY may be advertised by a third party and may relate to a job Advertisement not originally placed on Lulaway Holdings PTY.
The Workseeker uses Lulaway Holdings PTY at his or her own risk. The Workseeker accepts full legal responsibility for any and all content it provides to Lulaway Holdings PTY and agrees that he or she will be solely liable in relation to this content.
Lulaway Holdings PTY and its Administrators do not accept liability of any description, including any form of liability for negligence (except for personal injury or death), or any damages 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 the Recruiter’s, Workseeker’s, or Visitor’s use of any description of Lulaway Holdings PTY and its services, or of any affiliated services.
Lulaway Holdings PTY and its Administrators cannot guarantee that Lulaway Holdings PTY or any affiliated services, or any Lulaway Holdings PTY that is directly or indirectly linked in any way, will be free from computer viruses, “cookies”, or any malicious, damaging, or impairing code. The use of Lulaway Holdings PTY and any affiliate or link of Lulaway Holdings PTY remains at the Recruiter’s, Workseeker’s, and/or Visitor’s own risk.
Lulaway Holdings PTY and its Administrators do not accept any liability of any type or form, and however arising, for any losses, impairment, or damages caused to any Visitor, Recruiter, Workseeker , or user of Lulaway Holdings PTY, or any third party at all, as a result of the access to or use of any CV or file of any Workseeker , or any of the information provided by Lulaway Holdings PTY and/or its Administrators about/from Workseekers, whether these losses, impairments, or damages result from malicious code/programmes, programming errors, or for any other reason.
Lulaway Holdings PTY and its Administrators do 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 Workseeker, Recruiter, or Visitor of Lulaway Holdings PTY.
Recruiters, Workseekers, and/or Visitors will, by virtue of using or accessing Lulaway Holdings PTY and/or its services, or those of any of its affiliates, agree to completely indemnify Lulaway Holdings PTY, its Administrators and any of its affiliates 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.
The Web Site and the material contained herein is provided by Lulaway Holdings PTY and by third party providers and as such, while Lulaway Holdings PTY 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.
Lulaway Holdings PTY does not accept any responsibility if any connection, reference, hyperlink or information is unavailable or incorrect and makes no representations that services will be uninterrupted or error free.
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.
Any information contained in the Web Site does not constitute advice nor does it express the official opinion of Lulaway Holdings PTY.
Neither Lulaway Holdings PTY 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 services provided on the Web Site.
Clients, Recruiters, Workseekers, and/or Users of Lulaway Holdings PTY at Lulaway Holdings PTY and/or any of its affiliates agree to indemnify Lulaway Holdings PTY and its Administrators and to keep Lulaway Holdings PTY and its Administrators indemnified in respect of, but not limited to, all liabilities, costs, damages, or legal challenges that may arise from any use of any of the services of Lulaway Holdings PTY or any Advertisement placed on or through Lulaway Holdings PTY, 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 Requirements of this Lulaway Holdings PTY.
• The publication of any discriminatory, libellous, and/or defamatory statement/s.
• Any claim in terms of the Consumer Protection Act (Act 68 of 2008)
• Consequential damages and damages based on pure economic loss) which is based on any actions or omissions which are committed by agents, employees and representatives (which includes, but is not limited to, Users of the Web Site).
Lulaway Holdings PTY and its Administrators disclaim all warranties, express or implied by law of statute, in relation to, but not limited to, Lulaway Holdings PTY and/or any of its affiliates except where provided by statute,
Lulaway Holdings PTY 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 Lulaway Holdings PTY, 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.
Governing Law and Jurisdiction
The Terms and Conditions of Lulaway Holdings PTY shall be governed by, and construed in accordance with, the laws of South Africa and any clients of Lulaway Holdings PTY or any of its affiliates irrevocably submit to the exclusive jurisdiction of courts of South Africa.
These Requirements are to be considered an integral part of the Terms and Conditions of Lulaway Holdings PTY. Any definitions of words or phrases set out in the Terms and Conditions will also apply to these Requirements. As with the Terms and Conditions, these Requirements may be modified, changed, or amended at any time by Lulaway Holdings PTY and/or any of its Administrators and the Recruiter’s continued access to or use of Lulaway Holdings PTY indicates that the Recruiter agrees to be bound by the most current version of the Requirements.
1. Recruitment Agencies or recruitment-related businesses need to clearly identify themselves and the nature of their advertisement in the Advertisement content.
2. Lulaway Holdings PTY will not accept advertisements for employment positions related to the Adult Entertainment Industry, or those relating to Medical Trials.
3. Lulaway Holdings PTY will not accept postings and/or Advertisement Content which contain links to or direct Workseekers or Visitors in any way to any other Web Services which offer job posting Lulaway Holdings PTYs/facilities.
4. Lulaway Holdings PTY will not accept or allow job postings or Advertisement Content which require or request that Workseekers send money to another party for whatever reason.
5. All Advertisement Content is to be written in the English language.
6. All Advertisement Content is to be kept within the confines of good moral standards.
7. No Advertisement may indicate in whatsoever form any direct or indirect intention by any party to discriminate against Workseekers (or any other party) on any illegal or immoral grounds whatsoever including, but not limited to, their colour, race, ethnicity, nationality, sexual-orientation, disability status, marital status, age, sex, or gender.
8. Lulaway Holdings PTY and its Administrators reserve the right to at any time and without notice or refund remove, suspend, modify, or amend any Advertisement and/or job posting which breach the Terms and Conditions and Requirements of Lulaway Holdings PTY.
Lulaway Holdings PTY and its Administrators are committed to following all the rules and guidelines as set out by the Protection of Personal Information Bill, therefore Lulaway Holdings PTY and its Administrators are committed to protecting any personal information, details, or data that is provided to them via any Client, Candidate, or Visitor of Lulaway Holdings PTY and/or any of its affiliates.
All information provided by Recruiters, Workseekers or Visitors of Lulaway Holdings PTY as part of the sign-up process will be kept confidential and exclusive by Lulaway Holdings PTY and its Administrators and will not be intentionally passed on to any third party.
If you would like to update any of the information provided to Lulaway Holdings PTY as part of the registration process then you will be able to either change this information on Lulaway Holdings PTY or send the Administrators an email using any affiliated email or the “contact us” form available.
Workseekers have the right at any time to request that their information/details be removed from Lulaway Holdings PTY and/or not used for any reason as provided through their personal instructions to the Administrators of Lulaway Holdings PTY.
Workseeker information and details will not be passed on to Recruiters or anyone else unless it is the express wish of the specific Workseeker and this will be completely under the Workseeker’s control.
Any information or details provided to or through Lulaway Holdings PTY by Recruiters shall be kept confidential at all times unless otherwise instructed by the Recruiter itself. Recruiter’s information and details will not be passed on to Workseeker unless it is the express wish of the specific Recruiter.
Lulaway Holdings PTY and its Administrators reserve the right to access and/or disclose any personal details/data/information about any Recruiter, Workseeker, or Visitor of Lulaway Holdings PTY should this be necessary to comply with any applicable laws and/or regulations (or requests from any legitimate authority), or for any reason which Lulaway Holdings PTY and its Administrators feel is justifiable under the Protection of Personal Information Bill or the Promotion of Access to Information Act no 2 of 2000.
Our Web service may contain links to other Web services of interest. However, once you have used these links to leave our Lulaway Holdings PTY, you should note that we do not have any control over that other Web services. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such services and as such services are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the Web services in question.
The Agreement may be terminated by written notice to the other party which notice may be communicated electronically using the contact information as set out in User Registration.
1. Summary Termination
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:
a) 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;
b) If the Customer purports to assign the burden of benefits of this Agreement without the written consent of Lulaway Holdings PTY;
c) If any hostilities or acts of war break out or are threatened which may affect trading conditions in South Africa; and
d) In the event of either of the Parties being unable to carry on business due to a force majeure.
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.
2. Breach of Agreement
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) Lulaway Holdings PTY 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.
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.
3. Governing Law and Disputes
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:
a) the interpretation of;
b) the carrying into effect of;
c) any of the Parties’ rights and obligations arising from;
d) the termination or purported termination of or arising from the termination of; and/or
e) 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).
The arbitration shall be held with only the Parties and their representatives present thereat in Johannesburg, Republic of South Africa, and the arbitration proceedings shall be conducted in the English language.
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.
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.
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 Gauteng Law Council (or its successor in the Province of Gauteng). 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.
The Parties shall keep the evidence in the arbitration proceedings and any order or award made by any arbitrator confidential unless otherwise contemplated herein.
The arbitrator shall be obliged to give his award in writing fully supported by reasons within 14 (Fourteen) days after conclusion the arbitration proceedings.
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.
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.
All communications may be conducted electronically save when specifically indicated otherwise and proof of such Lulaway Holdings PTY will include a print of the “sent items” reflecting date and time of the submission and include a copy of the notice as part of the original message.
Additional Information Required by ECT Act
Lulaway Holdings PTY
Details: Lulaway Holdings PTY trading as LulawayJob Centres, a PTY Limited / company registered in terms of the laws of South Africa registration number 2012/030481/07
15A 4th STREET,
Telephone: +27 10 1409510
Membership of regulatory bodies: None.