Terms and Conditions for WorqForc Online Services

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with WorqForc (Pty) Ltd (“WorqForc”, “we” or “us”) in South Africa.

By accepting these terms, you also understand and consent to WorqForc Privacy Policy, which is incorporated into, and part of, this agreement. Our Privacy Policy describes how we collect, use and share information.  

The online services are not intended to be used by, or targeted to, anyone under the age of 18. You must be at least 18 years old to use the online services.

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1. About the online services
 

Availability services. WorqForc services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide. 

 

You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. WorqForc does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system. If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

 

You may allow the named user(s) approved by us and paid for by you, to access and use the online services for your own internal business purposes, for the period during which you have subscribed for the services.

 

You agree to ensure that the named users approved by us to use the online service are aware of the terms of these terms and use the online service in accordance with these terms.  

 

WorqForc right to update or terminate the online services. You understand and consent that (with or without notice) WorqForc may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any WorqForc mobile app that you have installed on your device.

 

Updates to these terms. WorqForc may also update these terms at any time and at its sole discretion. If WorqForc makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that WorqForc close any online services account that you have created. To close your account, you can visit [insert url] or email us at [insert email].

 

Independent technicians, training schools and companies. Whilst WorqForc operates and controls the online services, it is not responsible for the operation of the training schools and/or companies that may supply information as part of our online services. Each training school and each company is independently responsible for its legal and regulatory compliance, for any issues relating to the supply of information to you and for any training and/or employment related matters.

 

Links to job opportunities from the online services. The online services may provide links to job opportunities posted by WorqForc for other companies. These opportunities are with the companies alone and not with WorqForc. This means that the company that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. WorqForc does not receive a copy of any application you submit to a company, does not control whether you receive an interview or are hired, and does not control such company’s employment policies and practices. If you are hired by a company, only that company, and not WorqForc will be your employer.

  

How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit [insert url or contact information].

 

2. Our information practices and communications with you

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WorqForc Privacy Policy. These terms incorporate WorqForc Privacy Policy. Our Privacy Policy describes our information practices, including how we collect, use and share information.

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How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from WorqForc. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, transactional and other messages from WorqForc. WorqForc may use the information you have provided to us to communicate with you in accordance with our Privacy Policy.

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Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out.  You understand and agree that you may need to separately manage your communication preferences for each communication method.  You may receive communication from a company, training school or independent technician linked to the WorqForc online services. If you do, you will need to opt out from them directly.

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3. Offers  

 

You deal directly with independent technicians, companies and training schools.  When you accept offers of engagement you are dealing directly with the participating independent technician, company and/or training school and the contract will be between you and the party  who accepts your request/application/offer. 

 

 

4. Ownership and Licenses for the online services

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WorqForc intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of WorqForc. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with WorqForc’s rights. 

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Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display.. 

 

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of WorqForc.  The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

 

5. Acceptable uses and restrictions for the online services

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Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:

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1. Use the online services for any purpose that is unlawful or prohibited by these terms;

2. Delete or change any copyright, trademark, or other proprietary notices;

3. Attempt to obtain ownership or title to the online services, including the content;

4. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;

5. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;

6. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;

7. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services;

8. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, WorqForc network or any user accounts associated with the online services.

 

6. Limitations on liability and disclaimers.

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Limitations on WorqForc liability. Worqforc shall not be liable for any direct or indirect loss of profits or loss of business, special, indirect, consequential or incidental damages, including lost data, personal injury, or property damage related to or arising out of the online services.

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WorqForc provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. WorqForc provides the online services "as is" and without warranties of any kind either expressed or implied. Worqforc disclaims all warranties of merchantability and fitness for a particular purpose. Worqforc does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Worqforc for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties.

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Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them.

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Events beyond our control. WorqForc has no responsibility for Worqforc’s failure to perform any of its obligations under these terms caused by or related to any event beyond Worqforc reasonable control. If such an event occurs, then WorqForc obligations under these terms will be suspended for the duration of the event and WorqForc may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

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How we settle disputes. You agree that: (1) any claim or dispute (whether in contract, delict, or otherwise) you may have with WorqForc arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by AFSA and conducted before a single arbitrator using AFSA’s Arbitration Rules and Procedures (“rules and procedures”); (2) the arbitration shall be held in Johannesburg; (3) the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; (4) the arbitrator shall apply South African law.  

 

 

7. General

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1. WorqForc makes no representation that the online services are appropriate or available outside of South Africa. If you use the online services from other locations you are responsible for compliance with applicable local laws. 

2. These terms will be governed and interpreted in accordance with the laws of South Africa.

3. On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease. However, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. On termination, all rights of WorqForc, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.

4. Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.

5. If WorqForc fails to insist that you perform any of your obligations under these terms, or if WorqForc does not enforce its rights against you, or delays in doing so, that will not mean that WorqForc has waived its rights against you and will not mean that you do not have to comply with those obligations.

6. WorqForc may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if WorqForc agrees in writing.