Candidate
is the work-seeker or the party who is using the Site for purposes of providing its information on the Site to potentially be short listed by MyCalling to render employment services to the Employer.
Employer
means the party using the Site for purposes of gaining access to Candidates information to determine if they will be the successful placement to render the employment services to the Employer.
MyCalling
or we
or us
or our
refers to the owner of the Site, whose registered office is Johannesburg South Africa and has company registration number: 1984/000177/07.
Site
means the MyCalling website together with any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
You
or your
refers to either the Candidate or Employer or both, as the context requires.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity and us.
These Terms of Use are concerning your access to and use of the Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes, in any revised Terms of Use by your continued use of the Site after the date of such revised Terms of Use are posted.
The information provided on the Site shall be governed by and construed and interpreted in accordance with the laws of South Africa. The site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site , all things related thereto, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the Content
) and the trademarks, service marks, and logos contained therein (the Marks
) are our proprietary property, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
The Content and the Marks are provided on the Site AS IS
for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.p>
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have lawfully gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks and all rights of ownership shall remain vested in us.
We respect the intellectual property rights of others: If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a Notification
). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification.
By using the Site, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
From time to time, the Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of other websites is subject to the terms of such websites.
You agree to defend, indemnify, and hold us, (including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees), harmless, from and against loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) your contributions; (2) use of the site; (3) breach of these terms of use; (4) any breach of your representations and warranties set forth in these terms of; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or(6) any overt harmful act towards any other user of the site with whom you connected via the site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceedings which is subject to this indemnification upon becoming aware of it, mycalling expressly excludes liability arising from the site or your use thereof.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Certain services offered by MyCalling are made available to users on a paid basis. Users that choose to use paid services, agree to be governed by the MyCalling Recruitment Service Master Agreement which you can request by emailing the MyCalling team on info@mycalling.co.za.
MyCalling reserves the right to change, modify, or append services and the pricing for those services at any time. With any change in pricing, the user will be notified of such change and the change will only take effect upon the next billing cycle.
MyCalling cannot promise the effectiveness of any of its services in relation to job or career advancement. MyCalling makes no promise or guarantee of employment with either free or paid services. All services are performed for general and informational use only.
The Site is controlled, operated and administered by MyCalling from our offices within South Africa. If you access the Site from a location outside of South Africa, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through MyCalling.co.za in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
By posting content or information (Contributions
) to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant to us, a transferable, royalty free right of usage of the Contributions (including, without limitation, your image and voice) for any purpose, be it commercial, advertising, or otherwise.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion: (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms of use that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that:
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. In addition, should you decide to unlink your Third Party Account from the Site, we will attempt to delete any information that is collected from same as soon as reasonably possible.
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy:
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
The Database contains personal information as defined in the Protection of Personal Information Act, 2013 (POPIA
), belonging to third parties. MyCalling does not warrant the accuracy or correctness of the information contained in the Database or that it is up-to-date.
MyCalling is authorised by such third parties to disclose their personal information to you for collection, use and/or storage agreed with MyCalling. You may not collect, use or store such personal information in any manner and for any purpose contrary to such authorisation.
You must comply with your obligations in terms of POPIA, in relation to the collection, use and storage of any information which you obtain from the Database, which information contains any personal information of third parties.
You indemnify MyCalling and its Personnel against any claim by any third party arising from or in connection with your collection, use and/or storage of personal information obtained from the Database, and caused in any way.
We take data protection seriously and should you require detail on how we safeguard your personal information and comply with POPIA, you can send us a request for this information by emailing the MyCalling team on info@mycalling.co.za.
MyCalling reserves the right to, in its sole discretion and without notice or liability, prevent access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use, Recruitment Agreement or any applicable law or regulation.
MyCalling may terminate your use or participation in the Site or delete your account and any Contributions that you posted at any time, without warning, in its sole discretion.
If we terminate or suspend 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk.
We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
Please note that the site or services is not intended for mycalling to be the party offering any job or employment to candidates, but rather for the employer to do so, and mycalling takes no rights and obligations in this regards.
The employer’s use of the site indicates an agreement to at all times comply with all applicable legislation such as labour laws including but not limited to the employment equity act and the labour relations act,1995, and anti-discrimination legislation.
Last modified: 11 June 2019Already have a MyCalling account? Log in here
Don't have a MyCalling account?
Sign up as a Job Seeker
Don't have a MyCalling account?
Sign up as a Job Seeker