Terms of Use Policy
Last updated: 01 January 2020
1. Introduction and Legal Terms
1.1. Your access or use of our website, www.desktracer.com or any related platform or application (collectively, “the Platform”), or any of our services, signifies that you have read, understood, and agree to be bound, by the terms and conditions contained herein (“Terms Of Use”); either in your individual capacity or for and on behalf of any juristic entity.
1.2. All rights in and to the content of the Platform always remain expressly reserved by Desktracer.
1.3. These Terms include any document incorporated by reference herein, including, but not limited to our Privacy Policy (collectively, the “Terms of use policy”). Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
2. Terminology
2.1. The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to anyone using the Platform for any reason whatsoever including any user who visits any page of the Platform, whether by landing at the home page or any other page through use of a platform login, email hyperlink, hyperlink to another website or by direct access to the platform.
2.2. The terms “Desktracer”, “us”, “our” or “we” refers to Desktracer, our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers, supplies.
2.3. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2.4. The term “Services” shall refer to the services provided by us to the user as described in clause 3.1.1 and 3.1.2 below:
2.5. The terms “Digital Résumé”, “Résumé”, “CV”, and “Curriculum Vitae”, are interchangeable, and incorporate all user data willingly provided therein.
2.6. The term “Data” refers to all information willingly entered onto the Platform or provided to us by the user. This includes, but is not limited to, all data that is or may be classed as personal information.
2.7. The Terms “Qualifying Candidate”, “Candidate” and “Job Seeker” refer to individuals that store their Data on our platform including users that provide us with permission for their data to be shared with employers.
The terms “Employing Companies”, “Employers”, “Employment Opportunity Provider” and “Recruiter”, are interchangeable and refer to any vetted and approved employing Company (Entity). These terms also include all registered users on our platform that either work for an entity directly (HR Executives), or individuals who work for PEA/TES Service providing entity (Recruiters).
3. About Desktracer
3.1. Desktracer is an online Digital Résumé (CV) service for qualifying Jobseekers, and a multifaceted online recruitment tool for verified Employing Companies.
3.2. Desktracer was developed by a leading professional in the PEA/TES Service provider sector, who is intimately aware of the requirements employing companies are looking for in qualifying candidate resumes and skillsets.
3.3. Desktracer is dedicated to the growth and sustainability of both Employers and Jobseekers.
3.4. What Our Platform Offers
Our Platform is an online recruitment tool and résumé portal. The Platform enables the user to (based on your service selection):
3.4.1. Qualifying Candidates – The platform allows users to register and create an online profile on our Platform that enables them to enter their Data and generate, access, edit, store, share and update a digital résumé, on our candidate database. This candidate database can be searched by registered Employing Companies.
3.4.2. Employers – Our Platform allows Employers to register and provides filtering and search access to a comprehensive database of Qualifying Candidates, with varying candidate profiles and résumé version viewing, sharing and communication options.
3.5. Service Disclaimer
3.5.1. Jobseekers understand and agree that Desk Tracer is only a facilitating party and any liability stemming from the relationship between the jobseeker and any employing company lies exclusively with these users, and not with Desk Tracer.
3.5.2. Jobseekers accept and agree that the sharing of their personal data could initiate contact and communication with Employing Companies, and agree to being contacted by these companies, for possible employment opportunities.
3.5.3. We do not and cannot guarantee that any jobseeker will receive any profile or CV views, CV Viewing requests, employment offers, or gainful permanent employment and expressly disclaim any liability or responsibility for the outcome of any interaction with Employing Companies, employment applications and recruitment processes.
3.5.4. We reserve the right to register, nominate or appoint dedicated or preferred employment opportunity service providers on your behalf. Preferred provider/s will be vetted and approved in-line with our vetting and approvals processes.
3.5.5. When using the Platform, Jobseekers agree that any dedicated opportunity service provider/s appointed by us, will automatically become a nominated representative/s of theirs, in any employment opportunity negotiations arising from the use of the Platform. Jobseekers understand, accept and agree that in such circumstances, their profile data and permissions could be updated to ensure opportunity service provider’s can access and share such information. Jobseekers can contact us directly to change or update any personal data permissions. .
4. Registering a Profile with the Platform
4.1. Creating a Profile: To use the Platform we require you to create a profile with us. We ask you to provide us with all the requested information in the on-boarding process whether as a jobseeker, recruiter, or HR executive.
4.2. Vetting of Information: For recruiters and HR to be eligible to join the Platform, we request you to provide us with copies of certain documents. We use these documents to verify the information provided in your application and ensure you are recognised in your role and not offering fraudulent services.
4.3. Accurate Information: When signing up to our Platform you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your profile and information. Please update your information yourself through your profile or contact us to view or change your personal information provided.
4.4. Warranty: By sharing your personal information with us, you warrant that the person using the Platform is you or you have the authority to act on behalf of a juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and processes personal information.
4.5. Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.
5. Payment Terms
5.1. Subscription: To use our Platform, you must subscribe to any one of our available packages. All packages are billed from the day you first subscribe, and you will be rebilled on the same day of each following month or year thereafter. You can cancel your subscription at any time before the next billing date after which you will lose access to your subscription. Once you cancel your subscription you will not be billed again, and your subscription will end.
5.2. Subscription Fees: Our subscription fees are available on the Platform and are subject to change at any time in our reasonable discretion. You will be given 30 days prior notice where there is a change in the subscription fee charged.
5.3. Invoices and Statements: You will receive an invoice for any payments made from our payment gateway provider.
5.4. Limitation of Use: Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform.
5.5. Refunds: If you seek a refund for any subscription fees paid by you following termination of your subscription, you are welcome to contact us directly.
6. Responsibilities and Warranties
6.1. Platform Warranties
by using the Platform and/or the Services, you warrant that –
6.1.1. you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
6.1.2. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
6.1.3. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
6.1.4. you lawfully possess and submit all information to Desk Tracer for the use of the Platform and the Services and hereby indemnify Desk Tracer against any third-party claims that may arise due to the processing of the information shared by you with Desktracer;
6.1.5. where you use our Services on behalf of your company or organisation, you warrant that you have the authority and consent to sign-up to our Platform and share personal information with us and indemnify Desk Tracer against any third-party claims that may arise in respect the sharing of personal information;
6.1.6. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
6.1.7. you will not share any confidential information on the Platform including employment or other personal information of a user not made publicly available in any profile;
6.1.8. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
6.1.9. you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
6.1.10. you will not use the Platform for any commercial purpose other than as expressly provided for by Desk Tracer herein;
6.1.11. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
6.1.12. you will not facilitate or assist any third party to do any of the above,
failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Desk Tracer to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
6.2. Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
6.3. Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
7. Messages and Advertising
7.1. Data Messages between You and Desk Tracer
7.1.1. All Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
7.1.2. Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
7.1.3. We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
7.1.4. All messages sent between Platform users using the built-in chat functionality will be monitored and assessed to ensure users are not violating these Terms while using the Services.
7.1.5. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
7.2. Data Messages between Desk Tracer Recruiter and HR users and Job Seekers.
7.2.1. All Data messages, including email messages, you send to any other users will be for the sole purposes relating to possible employment opportunities. Any Contact, messages, emails, or discussions with other users for any other reason, other than the aforementioned, will constitute a breach of these terms and conditions, and the appropriate will be taken against you.
7.2.2. In using our service, you acknowledge and agree that Admin, Support members, Recruiters and HR executive Users are allowed to contact you via the built-in Desktracer chat functionality, emails or telephonically; using any of the contact information you have provided to us.
7.2.3. In-app chats can only be initiated by qualifying Recruiter and HR users. These chats can also be terminated by these users.
7.2.4. All Data messages, including email messages, you send to any other user will be considered as received only when the recipient has acknowledged or responded to these messages.
7.2.5. You acknowledge that you are prohibited from sending any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and that we are able to take appropriate action against the sender of such email or data message if necessary.
7.2.6. All messages sent between Platform users using the built-in chat functionality will be monitored and assessed to ensure users are not violating these Terms while using the Services.
7.2.7. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
7.3. Hyperlinks, Deep Links, Framing
7.3.1. The Platform may include links to other websites (“other sites”). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
7.3.2. We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
7.3.3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
8. Intellectual Property
8.1. Platform IP: All website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Desktracer, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
8.2. User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform. Unless indicated otherwise, you provide us with a license to use and display, for the duration that you are registered with the Platform, part of your trademark, logo or branding as part of our own promotional or marketing purposes on the Platform.
8.3. No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
8.4. Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
8.5. Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
8.6. User License: Subject to adherence to the Terms, we grant to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the dedicated user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
9. Indemnities and Disclaimers
9.1. Disclaimers
9.1.1. You provide Desktracer, its shareholders, directors, employees, partners, affiliates, and clients with the right to retain, redact, repurpose, monitor and share your personal data as part of the Services.
9.1.2. The Platform and Services, including intellectual property appearing therein, are provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
9.1.3. All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Desk Tracer. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
9.1.4. Desktracer, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
9.1.5. Desktracer, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
9.1.6. We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
9.2. Indemnities
9.2.1. You indemnify and hold harmless Desktracer, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.
9.2.2. You agree to indemnify, defend, and hold Desktracer, its shareholders, employees and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
9.3. This clause will survive termination of these Terms.
10. Dispute Resolution
10.1. Disputes between you and Desk Tracer
10.1.1. Negotiation – Should any dispute, disagreement or claim arise between you and Desk Tracer concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
10.1.2. Mediation – Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
10.1.3. Arbitration – If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Desk Tracer.
10.1.4. Jurisdiction – Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
10.1.5. No publication – The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
10.2. Disputes between Users
10.2.1. Private Dispute: Should a dispute arise between users and their private transaction, said dispute is between these parties exclusively. Desk Tracer is not responsible for fulfilling any function in any way or engaging in the dispute in any way.
10.2.2. Beneficial Resolution: The users agree that they will resolve their dispute in a manner that is mutually agreeable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit of both parties.
10.2.3. Notification: Notwithstanding the above, these parties must inform Desk Tracer of the dispute for Desk Tracer to log the issues experienced, and to try assist both parties in whatever way it deems fit but is under no obligation to do so.
11. Termination of Use
11.1. IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION.
11.2. If you wish to terminate your agreement with us and these Terms, you may do so by cancelling your account, ending your subscription and/or your use of our Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination. If you wish to cancel your use of the Platform and remove your personal data from our systems you are welcome to contact us directly and we will action your request accordingly. To review how we will continue to retain your data, please see our Privacy Policy.
11.3. In the event of termination of your agreement with these Terms we will remove you from the Platform and delete your profile.
12. Notices and Service Address
12.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
12.1.1. in the case of Desk Tracer, at support@desktracer.co.za; or
12.1.2. in the case of the user, at the e-mail, contact numbers, and/or address provided when registering with us.
12.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
12.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
13. Company Information
13.1. Site owner: Desktracer (Pty) Ltd
13.2. Legal status: Private Company
13.3. Registration number: 2020/535332/07
13.4. Description of business: Online Resume and Recruiting Service
13.5. Platform address: www.desktracer.com
13.6. Email address: support@desktracer.com
13.7. Registered address: 192 Pretoria Road, Rynfield, Benoni, Gauteng, 1501
13.8. Postal address: As above.
14. General
14.1. Relationship Between the Parties – The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. Desk Tracer only provides software as a service, any formal engagement between users facilitated by the Platform is between them privately, and for which Desk Tracer holds no responsibility.
14.2. Force Majeure – If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
14.3. Change Without Notice – The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
14.4. Entire Agreement – This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 14.3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
14.5. No Indulgence – No indulgence, leniency or extension of time granted by Desk Tracer shall constitute a waiver of any of Desk Tracer’ rights under these Terms and, accordingly, Desk Tracer shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
14.6. Importation of Words – Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
14.7. Headings as Reference – The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
14.8. Governing Law – Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
14.9. Failure to Pay – In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Desk Tracer in relation to the payment failure or breach.
14.10. Severability – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
14.11. Prohibited Provision – No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.10.