Terms & Conditions

Recruiters & Employers

Recruiters & Employers
Candidates

TERMS AND CONDITIONS OF USE FOR RECRUITERS & EMPLOYERS

(Version 1.0 – Effective as of 15 September 2022)

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “TERMS”) CAREFULLY WHEN PURCHASING, USING OR ACCESSING THE SERVICES FROM SALON RECRUITER (PTY) LTD (2022/622611/07) (“SALON RECRUITER”, “WE”, “US”, or “OUR”).

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” BUTTONS, USING ANY OF THE SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY THAT YOU ARE USING/PURCHASING THE SERVICE ON BEHALF OF (TOGETHER REFERRED TO AS “YOU”, “YOUR”, OR the “CLIENT”), REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.

INTRODUCTION

1. 1. Salon Recruiter owns and operates a recruitment database (the “Database”) hosted at www.salonrecruiter.co.za (the “Website”). You may, amongst other things, subscribe for specified access to, and use of, the Database to post job opportunities, view, contact, and recruit potential jobseekers (“Candidates”)(the “Services”).
  2. You may select and subscribe to the Services offered by Salon Recruiter for a defined period and at the Subscription Fee, as described in full on the Website (a “Subscription”).
  3. For the Subscription Term of your Subscription and in return for payment of the applicable Subscription Fee, Salon Recruiter will, for the purposes of your business, provide you with the Services applicable to your Subscription, via the Website, in accordance with these Terms.
  4. These Terms describe the terms and conditions on which the Services will be provided by Salon Recruiter to you, the Client.

Nature of the Services

1. 1. Salon Recruiter is not involved directly in your negotiations with Candidates and is not a party to any agreements or arrangements you may make with Candidates. You are solely responsible for your agreements with Candidates, including vetting and performance under any agreement you conclude with a candidate.
  2. Salon Recruiter does not control or employ Candidates under these Terms. You acknowledge and agree that Salon Recruiter does not supervise, direct, control, or monitor Candidates in the performance of any contractual obligations they may have under a service contract, employment contract, or independent contractor contract. You agree that: (a) Salon Recruiter is not responsible for ensuring the accuracy or legality of any Candidate details, for which Candidates are solely responsible; (b) Salon Recruiter is not responsible for the offering, performance, or procurement of a Candidate’s services to you; (c) Salon Recruiter does not make any representations about or guarantee regarding a Candidate’s offered services or qualifications; and (d) nothing will create an employment, agency, or joint venture relationship between Salon Recruiter and you in respect of the Services, including any Candidate offering services.
  3. These Terms shall apply to all Services and any additional or conflicting terms contained in any order will be void unless specifically agreed otherwise by Salon Recruiter.
  4. You agree that any terms of specific Services and/or Subscriptions, as available from time to time through the Website, are explicitly included as part of these Terms and are binding on both you and Salon Recruiter.
  5. The Website will also, from time to time, describe the Services, explaining:
    1. your roles and responsibilities, including any administrative responsibilities required;
    2. the nature and content of Salon Recruiter’s obligations; and
    3. the Service levels and Subscription Fees charged by Salon Recruiter.

REGISTRATION, PASSWORDS, AND ACCOUNT

1. 1. Only your registered user may use the Services and access the Database.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Salon Recruiter. You will need to use your unique username and password to access the Services.
  3. Upon registration, your profile will be submitted for verification. Salon Recruiter may, in its sole discretion, request additional information to complete the verification process. If we are unable to complete the verification, you will not be provided access to the Services.
  4. You agree and warrant that your username and password shall:
    1. be used for your use only; and
    2. not be disclosed by you to any third party.
  5. For security purposes, you must enter the correct username and password whenever you wish to access the Services, failing which you will be denied access.
  6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of any Subscription Fees for a Subscription made.
  7. You remain responsible for keeping your account username and password safe and confidential. Salon Recruitment is not responsible for any losses due to stolen or compromised passwords.
  8. You agree to notify Salon Recruitment immediately of any unauthorised use of your Database account.
2. Subscription
  1. You can select and subscribe to a Subscription via the Website after creating an account. Your Subscription will commence on the Effective Date. Thereafter, you may upgrade, downgrade, or resubscribe to a Subscription through the Website, with effect from the end of your then-current Subscription Term. Any renewal, upgrade, or downgrade of a Subscription will be subject to your agreement to the then-current Terms that apply to a Subscription.
  2. Salon Recruiter will be entitled to add to, change, suspend and/or discontinue any Services or any term on which the Services are provided to you, at Salon Recruiter’s sole discretion. Such change in the Services will be effective on written notice to you, with effect from the end of the following calendar month (who will have the right to cancel the Subscription if the change is not agreed to).

SUBSCRIPTION fees and expenses

1. 1. In consideration for rendering the Services, you shall pay to Salon Recruiter the Subscription Fees. For all Services, you authorise Salon Recruiter to charge you according to the Subscription you choose at the then current Subscription Fee.
  2. Payment. Payment of the Subscription Fee must be made by preauthorized credit card charge or direct debit only, as provided for on the Website.
  3. We take extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. Salon Recruiter will not be liable for any loss that you may suffer as a result of an interception.
  4. Where payment is made by debit card or credit card, we and/or our payment provider(s) may require additional information to authorise and/or verify the validity of payment. In such cases, we are entitled to withhold access to the Services until such time as the additional information is received by us and authorisation is obtained. If we do not receive authorisation, your Subscription will be cancelled.
  5. Taxes. Your Subscription Fee is inclusive of all Taxes unless otherwise specified in an agreement with Salon Recruiter or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your Subscription charge.
  6. Cancellation of Subscription. You can cancel your Subscription at any time via your account settings on the Website. If you cancel your Subscription, you will not receive a refund or credit for any amounts that have already been billed, and any outstanding fees will become immediately due and payable.
  7. Invoicing. Salon Recruiter shall issue an invoice to you in respect of each Subscription and the associated Subscription Fee as soon as reasonably possible following each Subscription.
  8. Free Subscriptions. Notwithstanding the above, any Subscription to any free services does not require the payment of a subscription fee. Salon Recruiter reserves the right, in its sole and absolute discretion, to grant, restrict, limit or terminate the use of “free” or “basic” versions of the Services by any individual, entity or group of entities, without notice.
  9. Increases in the Subscription Fee: Salon Recruitment may review and increase the Subscription Fee from time to time. Any change to Subscription Fees will not affect the Subscription Fee for the Subscription Term of your then-current Subscription. Any increase to the Subscription Fee will automatically be applied to any new or renewed Subscription.

Commencement AND duration

1. 1. These Terms shall commence on the Effective Date and will continue in force and effect for the duration of each relevant Subscription Term.
  2. Salon Recruiter shall commence rendering the Services on the Effective Date and shall continue to render the Services for the Subscription Term.
2. Termination
  1. Term. These Terms shall take on the Effective Date and shall continue in full force and effect until: a) if you are a paid subscriber, the expiration of your Subscription Term or termination of your Subscription; or b) if you are using a free offering, when your account is deleted or terminated.
  2. Salon Recruiter shall be entitled to terminate these Terms and your Subscription immediately if you:
    1. are in breach of its obligations and restrictions in terms of these Terms;
    2. failed to pay the Subscription Fees due in terms of Section 5, and such payments are outstanding for more than 30 (thirty) days from the due date;
    3. take any steps in contemplation of being placed under provisional or final liquidation;
    4. attempt a compromise, composition, assignment or arrangement with its creditors;
    5. pass a resolution for its voluntary winding-up;
    6. have any of your property, movable or immovable, attached in execution or by any process of any court;
    7. make default without remedy or threatens to make default in the payment of liabilities generally; or
    8. commit any act or omission, which is an act of insolvency in terms of the applicable insolvency laws.
  3. Effect of termination. In the event of termination of your Subscription for cause due to default by Salon Recruiter, Salon Recruiter shall refund, on a prorated basis, any prepaid Subscription Fees for the Services for the period beginning on the Effective Date of termination through the end of your then-current Subscription. In the event of a termination of your Subscription due to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your Subscription.
  4. Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to the Database and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after the expiration or termination of your Subscription.
  5. Upon termination of these Terms for any reason, both Parties shall immediately delete all electronic copies and destroy all hard copies of all Confidential Information.
  6. The termination or expiration of these Terms shall not affect any liabilities or obligations, including, without limitation, payment and indemnification obligations, which arose pursuant to these Terms prior to the date of termination of this these Terms .

Exclusivity

This is a non-exclusive contract; accordingly, you may appoint other service providers of the same or similar services, and Salon Recruiter may perform the same or similar services for any other customer.

Client obligations AND RESTRICTIONS

1. 1. To use the Services, you must be: (a) at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information as required to process your registration; and (d) agree to these Terms.
  2. You agree and acknowledge that:
    1. you are responsible for all content you provide and your activities on the Database;
    2. you must use the Database and Services in compliance with all Applicable Laws, rules, and regulations;
    3. you will not use the Database to solicit the performance of any activity which infringes Salon Recruiter’s rights, or the rights of others; and
    4. you will not use the Database and Services to upload, transmit, or otherwise distribute objectionable content, as solely determined by Salon Recruitment.
  3. Anti-discrimination. Salon Recruiter does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination, and you must not use the Service to incite or promote hostility or violence.
  4. Restrictions on Use of the Service. You shall not yourself or through any third party: (a) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (b) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof; (c) access the Service for purposes of performance benchmarking; (d) access the Service for purposes of building or marketing a competitive product; (e) use the Service to store or transmit a virus or malicious code; (f) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (g) use the Service to transmit unsolicited emails or engage in spamming; or (h) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.
  5. If you use the Services to post any job opportunity (the “Jobs Service”), you agree that you will not:
    1. post job opportunities without a reasonable and legitimate intent to hire a Candidate for a bona fide job opportunity or the specific position listed;
    2. list a job opportunity that intentionally misrepresents the job, hiring company or poster;
    3. fail to clearly disclose in any posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation;
    4. create postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based;
    5. provide identifiable Candidate resume or application data to any other parties outside your organization;
    6. “spam” or otherwise contact Candidate applicants for purposes other than related to the specific employment opportunity described in the posting;
    7. harass, stalk, or contact any Candidate applicant after they have asked not to be contacted;
    8. create postings for jobs that require Candidate applicants to pay for employment or otherwise bear costs related to employment in violation of Applicable Laws;
    9. soliciting Candidates by intentional misrepresentation.
    10. create postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of Applicable Laws in your country or the country where the job is to be performed;
    11. engage in solicitations, communications or transactions that violate any Applicable Laws or regulations related to the prohibition of employment discrimination or that violate Applicable Laws governing legal eligibility to work;
    12. engage in illegal or fraudulent conduct;
    13. use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Database;
  6. Salon Recruiter may, in its sole discretion, modify or terminate any part or all of the Jobs Services or suspend your ability to use the Jobs Services. Salon Recruiter may reject or remove any job posting at any time for any reason, regardless of whether or not such job posting was previously accepted or served.
  7. If you, at any time, cease to comply with their obligations in terms of this Section or any other provision in these Terms, then Salon Recruiter shall have the option to terminate these Terms and your Subscription in accordance with the provisions of Section 7.2.1.

Intellectual property

1. 1. Salon Recruiter owns and will continue to own all right, title and interest in and to the Intellectual Property, reports, sketches, diagrams, text, copy, Database, Candidate details, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, or other technology provided or developed by Salon Recruiter (or a third party acting on Salon Recruiter’s behalf) pursuant to these Terms in the course of rendering the Services to you including modifications, enhancements, improvements or derivative works of any of the aforegoing, regardless of who first conceives or reduces to practice, and all Intellectual Property in any of the aforegoing (collectively, “Salon Recruiter Intellectual Property“) shall belong to and be the absolute property of Salon Recruiter.
  2. To the extent necessary, you hereby unconditionally and irrevocably assigns all rights to the Salon Recruiter Intellectual Property, discovery, invention, secret process or improvement in a procedure to Salon Recruiter.

YOUR LICENSE TO SALON RECRUITER

1. 1. As between you and Salon Recruiter, you own the content and information you submit to the Services or post in the Job Services, and you grant Salon Recruiter a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content you provide through our Services, without any further consent, notice and/or compensation to you or others (the “Client License”).
  2. The Client License is limited in the following ways:
    1. You may end the Client License for specific content by deleting such content from the Services or generally terminating your Subscription and closing your account, except: (a) to the extent you shared it with others as part of the Service and they copied, re-shared, or stored it; and (b) for the reasonable time it takes to remove such content from backup and other systems.
    2. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout, file type or removing metadata), we will not modify the meaning of your expressions.

WARRANTIEs and disclaimer

1. 1. SALON RECRUITER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DATABASE WILL PROVIDE SPECIFIC RESULTS. SALON RECRUITER AND SERVICES ARE DELIVERED AND PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
  2. You understand and agree that your use of the Service is at your own risk and that you will be solely responsible for any possible consequences that such use or misuse may have or result in. All responsibilities and liabilities towards users, customers, and third parties remain solely with you, all without recourse against Salon Recruiter, its owners, and its employees.
  3. Each Party hereby warrants and represents to the other that:
    1. it has all requisite power and authority to execute and implement these Terms and has all necessary power and authority to perform its obligations as set out in these Terms;
    2. the entering into of these Terms will not result in the violation of any of the terms and provisions of any agreement, written or oral, to which the relevant Party may be a party; and
    3. the execution and implementation of these Terms have been duly authorised by all necessary action on the part of the relevant Party, and these Terms, when duly executed and implemented by the Parties, will constitute a legal and binding obligation of the Parties enforceable in accordance with its terms.
  4. Save for the warranty as to Section 12.3, Salon Recruiter makes no warranties to you of any nature.

LIMITATION OF LIABILITY

1. 1. Salon Recruiter will not, under any circumstances, be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which you may sustain or suffer (or with which you may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Terms or in the course of the discharge or exercise by the Parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of these Terms or the termination of these Terms for any reason.
  2. Salon Recruiter will not be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which you may sustain or suffer (or with which you may be threatened) as result of any act or omission of any Candidate that that was hired by you.

No consequential losses

Under no circumstances whatsoever shall Salon Recruiter be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), including but not limited to any loss of commercial opportunities or loss of profits, and whether as a result of negligent (including grossly negligent) acts or omissions of its servants, agents or contractors or other persons for whose actions may otherwise be liable in law.

indemnity

You hereby indemnify and hold harmless Salon Recruiter (including its shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of these Terms by you.

Confidentiality

1. 1. The Receiving Party is obliged to treat all the Confidential Information as confidential.
  2. The Receiving Party may use the Confidential Information exclusively for the Purpose.
  3. The Receiving Party shall only disclose Confidential Information to its employees and contractors who:
    1. have a need to access such Confidential Information solely for the Purpose; and
    2. have been advised of the obligations of confidentiality and are under obligations of confidentiality substantially similar to those set out in these Terms.
  4. The Receiving Party shall have no obligation to retain as confidential any information which:
    1. was legally in its possession or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party;
    2. is, or subsequently becomes, legally and publicly available without breach of these Terms; or
    3. is legally obtained by the Receiving Party from a third-party source without any obligation of confidentiality.
  5. Subject to the provisions of Section 16.4, the confidentiality obligations of the Receiving Party shall be perpetual and will survive the termination or expiry of these Terms.
  6. The Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party:
    1. prior written notice of such obligation; and
    2. the opportunity to oppose such disclosure or obtain a protective order.

BREACH

If either Party breaches any material provision or term of these Terms (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so then the aggrieved Party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved Party’s right to claim damages.

ARBITRATION

1. Other than in respect of those provisions of these Terms which provide for their own remedies which would be incompatible with arbitration, a dispute which arises in regard to:
  1. the interpretation of;
  2. the carrying into effect of;
  3. any of the Parties’ rights and obligations arising from;
  4. the termination or purported termination of or arising from the termination of; or
  5. the rectification or proposed rectification of,

these Terms, or out of or pursuant to these Terms, (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.

That arbitration shall be held:
1. with only the Parties and their representatives present; and
2. at Cape Town, Western Cape, South Africa.
It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty-one) Business Days after it has been demanded. The Parties shall use their best endeavours to procure the expeditious completion of the arbitration.
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 admitted attorney whether practising or non-practising of not less than 10 (ten) 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 shall be nominated by the President (or his/her nominee) for the time being of the Legal Practice Counsel (or its successor body in the Western Cape), following which the Parties shall immediately appoint such person as the arbitrator. If that person fails or refuses to make the nomination, any 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 made by any arbitrator confidential.
The arbitrator shall be obliged to give his/her award in writing fully supported by reasons.
The provisions of this Section 18 are severable from the rest of these Terms and shall remain in effect even if these Terms is terminated for any reason.
The arbitrator shall have the power to give default judgment if any Party fails to make submissions on the due date and/or fails to appear at the arbitration.
The arbitrator’s award shall be final and binding on the Parties.
The costs of any venue, arbitrator’s remuneration, recording, transcription and other costs and expenses ancillary to the hearing shall be borne by the Parties in equal shares and shall be recoverable, as costs in the cause under the provisions of any award.
The Parties, together with the arbitrator will agree from time to time on the arbitrator’s remuneration, which will be paid by the Parties in equal shares, upon receipt of invoices.

Force Majeure

1. 1. Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
  2. The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance, provided that if such period exceeds 60 (sixty) days, then either Party shall be entitled to terminate these Terms immediately on written notice while the Party’s performance continues to be prevented.

Data Protection

1. 1. The Database contains personal information, as defined in the Protection of Personal Information Act, 2013 (the “POPIA“), of the Candidates (defined as “data subject” in the POPIA).
  2. As the personal information held in the Database is entered and managed by each Candidate themselves, Salon Recruiter does not warrant the accuracy or correctness of the information contained in the Database or that it is up-to-date.
  3. Salon Recruiter is authorised by the Candidates themselves to disclose their personal information to you for processing, as defined in these terms and conditions and in accordance with the POPIA. Salon Recruiter’s legal basis for the provision of the Candidate’s information to you is a contract between the Candidate and Salon Recruiter (section 11(1)(b) of the POPIA) and the Candidate’s consent (section 11(1)(a) of the POPIA). You must not collect, use or store such personal information in any manner and for any purpose contrary to such authorization.
  4. By processing the personal information of Candidates for purposes of contacting, recruiting, and/or hiring a Candidate, you act as a responsible party (as defined in the POPIA). You must ensure that any processing of a Candidate’s personal information takes place pursuant to a legal basis, as required by section 11 (1) of the POPIA. Salon Recruiter does not process any personal information on your behalf as an operator (as defined in the POPIA).
  5. You shall comply with your obligations in terms of POPIA in relation to the collection, use, and storage of any personal information you obtain from the Database. You may not collect, use or store such personal information in any manner and for any purpose contrary to the POPIA. You agree to provide Candidates with a privacy notice, as required by section 18 of the POPIA.
  6. In the event that your processing of a Candidate’s personal information is subject to any other Applicable Laws, including the privacy laws of a foreign jurisdiction, you agree to process all personal information received in terms of these Terms in compliance with such laws.
  7. You agree not to disclose the names or identities of the Candidates listed by Salon Recruiter outside of your recruiting or hiring department. You agree to keep such information confidential. You agree not to use any information in the Database for purposes of direct marketing unless you obtain consent from Candidates.
  8. You indemnify Salon Recruiter against any claim by any third party/job-seeker arising from, or in connection with, your processing of personal information obtained from the Database.

CONTACT US

1. You can contact us using the details below or using the details listed on our Website. The information below is also provided to you in terms of Section 43 of the Electronic Communications and Transactions Act (25 of 2002).

Full Name:	Salon Recruiter (Pty) Ltd
Registration Number:	2022/622611/07
Main Business:	Online recruiting platform
Physical Address:	The Vineyards Office Estate, 99 Jip De Jager Drive, De Bron, Cape Town, 7530, South Africa
Office Bearer:	Heidi Derbyshire and Liezel Brits
Phone:	+27 76 463 5864
Email:	info@salonrecruiter.online

General

1. 1. No assignment. No Party will be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of the other Party.
  2. Relationship between the Parties. The Parties agree that neither Party is a partner or agent of the other Party and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
  3. No representation. To the extent permissible by law, no Party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
  4. Severability. Any provision in these Terms, which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms without invalidating the remaining provisions of these Terms.
  5. Address for service. Any notice, approval, request, authorisation, direction, or other communication under these Terms shall be given in writing, directed to the address for Salon Recruiter set forth in Section 21, and for the Client, at the address and e-mail so provided during the registration, and shall be deemed to have been delivered and given for all purposes:
    1. on the delivery date if delivered by email;
    2. on the delivery date if delivered personally to the Party to whom the same is directed;
    3. 1 (one) business day after deposit with a commercial overnight carrier with written verification of receipt; or
    4. 5 (five) business days after the mailing date, whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.
  6. Governing law. These Terms and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the Republic of South Africa, and the Parties submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town).
  7. Whole agreement. These Terms set forth the entire agreement and supersedes any and all prior or contemporaneous agreements and representations, written or oral, of the Parties with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations. The Parties acknowledge that as of the date hereof, no binding commitments exist between the Parties with respect to the subject matter of these Terms, except as may be provided herein and as per the terms on the Website from time to time.

INTERPRETATION

The headings of the sections in these Terms are for convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the terms of these Terms, nor any section of these Terms. Unless a contrary intention clearly appears:

words importing:
1. any gender includes all others;
2. the singular includes the plural and vice versa; and
3. natural persons include created entities (corporate or unincorporated) and the state and vice versa;
the following terms have the meanings assigned to them in this Section 23.2 and cognate expressions shall have corresponding meanings, namely:
1. “Applicable Laws” means any law, by-law, ordinance, proclamation and/or statutory regulation which a Party is required to observe by reason of the provision of the Services, use of or business with the Services and matters incidental thereto, including, but not limited to, any present or future legislation, measure, requirement, order, ordinance, rule, guideline, practice, concession, or request issued by any relevant authority, government body, agency or department, which is applicable to these Terms;
2. “Business Day” means any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa;
3. “Confidential Information” means the terms and conditions of these Terms, and any other information disclosed by one Party to the other, including, but not limited to, information regarding each Party’s products, services, product designs, prices and costs, trade secrets, know how, inventions, development plans, techniques, processes, programs, schematics, software, data, customer lists, financial information, sales and marketing plans, business opportunities, personnel data, research and development activities, pre-release products and any other information which the Receiving Party knows or reasonably ought to know is confidential, proprietary or trade secret information of the Disclosing Party. This definition also includes any information disclosed by or to any Affiliate concerning these Terms and the Services provided in terms of these Terms;
4. “Disclosing Party” means a Party disclosing Confidential Information;
5. “Effective Date” means the date upon which you complete any electronic acceptance form or process made available online by Salon Recruiter where you click the “SUBMIT” or “ACCEPT” buttons, alternatively using any of the Services or otherwise indicating acceptance of these Terms;
6. “Intellectual Property” means the Database, copyrights, patents, trademarks, designs or models, trade patterns, trade names and any other type of intellectual property and any rights to them (including applications for and rights to obtain or use same) which are used and/or held, whether or not currently used, by Salon Recruiter in connection with its business and/or any other rights to such Intellectual Property;
7. “Parties” means the parties to these Terms;
8. “Purpose” means in relation to these Terms and the delivery of the Services in terms of these Terms;
9. “Receiving Party” means a Party receiving Confidential Information;
10. “Subscription Fees” means the fees applicable to a specific Subscription in relation to a Service, as described and further contemplated on the Website;
11. “Subscription Term” means the duration of your Subscription, identified on the Website in respect of a specific Service, including the initial Subscription duration and all subsequent renewals, as applicable;
12. “Tax” means all taxes, charges, duties, levies, deductions, withholdings or fees of any kind whatsoever, or any amount payable arising out of the aforegoing, imposed, levied, collected, withheld or assessed by a governmental authority, together with any penalties, fines or interest relating thereto;
reference to any legislation is to that legislation as at the Effective Date and as amended or re-enacted from time to time and includes any subordinate legislation made from time to time under such legislation. Any reference to a particular section in any legislation is to that section as at the Effective Date, and as amended or re-enacted from time to time and/or an equivalent measure in any legislation, provided that if as a result of such amendment, the specific requirements of a section referred to in these Terms are changed, the relevant provision of these Terms shall be read also as if it had been amended as necessary, without the necessity for an actual amendment;
if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in this Section 23, effect shall be given to it as if it were a substantive provision in the body of these Terms;
when any number of days is prescribed in these Terms, the method for calculation shall be to exclude the first day and include the last day, unless the last day falls on a day that is not a Business Day, in which case the last day shall be the next succeeding Business Day;
if figures are referred to in numerals and in words, and if there is any conflict between the two, the words shall prevail;
expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions;
if any term is defined within the context of any particular section in these Terms, the term so defined, unless it is clear from the section in question that the term so defined has limited application to the relevant section, shall bear the meaning ascribed to it for all purposes in terms of these Terms, notwithstanding that the term has not been defined in Section 23.2;
the expiration or termination of these Terms shall not affect such of the provisions of these Terms that expressly provide will operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the sections themselves do not expressly provide for this;
the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract shall not apply;
any reference in these Terms to a Party shall include a reference to that Party’s assigns expressly permitted under these Terms and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be;
the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word(s); and
any reference in these Terms to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.

TERMS AND CONDITIONS OF USE FOR CANDIDATES

(Version 1.0 – Effective as of 15 September 2022)

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” BUTTONS, USING ANY OF THE SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF TO THESE TERMS; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.

INTRODUCTION

1. 1. Salon Recruiter owns and operates a recruitment database (the “Database“) at www.salonrecruiter.co.za (the “Website“). The Database allows you, the job seeker (“you”, “your”, or “Candidate”), the following services (the “Services”):
    1. create a profile containing your professional qualifications and work experience (“Profile”);
    2. use your Profile to apply for job opportunities advertised by businesses or recruiters looking to hire professionals in the health and beauty industry (“Employers”); and
    3. make your Profile available to Employers, allowing Employers to access your Profile and contact you regarding suitable job opportunities and make subsequent hiring decisions.
  2. Salon Recruiter owns and operates the Database hosted on the Website.
  3. By accepting these terms and conditions, you agree that Salon Recruiter may share your personal information with Employers, in accordance with the provisions contemplated herein.

Nature of the Services

1. 1. The Services consist of a job marketplace, where: (i) Candidates can identify and apply to job opportunities advertised by Employers; and (ii) Employerscan identify and contact Candidates and make further hiring decisions online.
  2. Salon Recruiter is not involved directly in any negotiations between Candidates and Employers. Salon Recruiter is not a party to any agreements Employers and Candidates enter into amongst each other. Candidates and Employers are solely responsible for the agreements with each other, including vetting and performance under these agreements.
  3. Salon Recruiter neither performs nor employs Candidate services, under these Terms. You acknowledge and agree that Salon Recruiter does not supervise, direct, control, or monitor your performance of any contractual obligations you may have under a service contract, employment contract, or independent contractor contract with an Employer.
  4. You agree that nothing under these Terms will create an employment, agency, or joint venture relationship between Salon Recruiter and Yourself.

REGISTRATION, PASSWORDS, AND ACCOUNT

1. 1. To use the Services, you must create an account on the Database and submit your Profile information (your “Account”).
  2. To create an Account, you must: (i) provide a unique username and password; (ii) provide certain information and personal details to Salon Recruiter; (iii) and pay the annual Registration Fee.
  3. Upon registration, your Account will be submitted for verification. Salon Recruiter may, in its sole discretion, request additional information to complete the verification process. If we are unable to complete the verification, you will not be provided access to the Services.
  4. You agree and warrant that your username and password shall:
    1. be used for your use only; and
    2. not be disclosed by you to any third party.
  5. For security purposes, you must enter the correct username and password whenever you wish to access the Services, failing which you will be denied access.
  6. You remain responsible for keeping your Account username and password safe and confidential. Salon Recruitment is not responsible for any losses due to stolen or compromised passwords.
  7. You agree to notify Salon Recruitment immediately of any unauthorised use of your Account.

REGISTRATION FEE

1. 1. In consideration for rendering the Services, you shall pay to Salon Recruiter the annual Registration Fee.
  2. Payment. Payment of the Registration Fee must be made by preauthorized credit card charge or direct debit only.
  3. We take extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. Salon Recruiter will not be liable for any loss that you may suffer as a result of an interception.
  4. Where payment is made by debit card or credit card, we and/or our payment provider(s) may require additional information to authorise and/or verify the validity of payment. In such cases, we are entitled to withhold access to the Services until such time as the additional information is received by us and authorisation is obtained. If we do not receive authorisation, your access to the Services will be cancelled.
  5. Taxes. Your Registration Fee is inclusive of all Taxes unless otherwise specified in an agreement with Salon Recruiter or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your Registration.
  6. Cancellation. You can cancel your Account at any time via your Account settings on the Website. If you cancel your Account, you will not receive a refund or credit for any amounts that have already been billed, and any outstanding fees will become immediately due and payable.
  7. Invoicing. Salon Recruiter shall issue an invoice to you in respect of the Registration Fee as soon as reasonably possible following payment.
  8. Free Registration. Notwithstanding the above, registration to access any free Services does not require the payment of a Registration Fee. Salon Recruiter reserves the right, in its sole and absolute discretion, to grant, restrict, limit or terminate the use of “free” or “basic” versions of the Services by any individual, entity or group of entities, without notice.
  9. Increases in the Registration Fee. Salon Recruitment may review and increase the Registration Fee from time to time.

Commencement AND duration

1. 1. These Terms shall commence on the Effective Date and will continue in force and effect for the duration of your use of the Services.
  2. Notwithstanding the Effective Date, Salon Recruiter shall only commence rendering the Services following successful registration and verification and shall continue to render the Services for each applicable Term.

TERMINATION

1. 1. Term. These Terms shall take effect on the Effective Date and shall continue in full force and effect until:
    1. if you are a Candidate paying an annual Registration Fee, the expiration of your Term or termination or deletion of your Account; or
    2. if you are a Candidate using a free offering, the termination or deletion of your Account.
  2. Salon Recruiter shall be entitled to terminate these Terms and your account immediately if you:
    1. are in breach of your obligations and restrictions in terms of these Terms;
    2. failed to pay the Registration Fees due, and such payments are outstanding for more than 30 (thirty) days from the due date;
    3. take any steps in contemplation of being placed under provisional or final liquidation;
    4. attempt a compromise, composition, assignment or arrangement with its creditors;
    5. pass a resolution for its voluntary winding-up;
    6. have any of your property, movable or immovable, attached in execution or by any process of any court;
    7. make default without remedy or threatens to make default in the payment of liabilities generally; or
    8. commit any act or omission, which is an act of insolvency in terms of the applicable insolvency laws.
  3. Upon any expiration or termination of these Terms, you must cease using the Service. You will lose access to the Database and any other information uploaded to the Service (and we may delete all such data associated with your account, unless legally prohibited) after the expiration or termination of these Terms.
  4. The termination or expiration of these Terms shall not affect any liabilities or obligations, including, without limitation, payment and indemnification obligations, which arose pursuant to these Terms prior to the date of termination of this these Terms.

CANDIDATE obligations AND RESTRICTIONS

1. 1. To use the Services, you must be: (a) at least eighteen (18) years of age; (b) complete the registration process; (c) provide current and accurate information as required to process your registration; and (d) agree to these Terms.
  2. You agree and acknowledge that:
    1. you are responsible for all content you provide or otherwise submit, including content you provide in respect of your Profile, in connection with the Services;
    2. you must use the Database and Services in compliance with all Applicable Laws, rules, and regulations;
    3. Salon Recruiter merely provides a facility to enable Candidates and Employers to get in touch and, as such, Salon Recruiter does not vet or monitor the Employers who use our Services, and Salon Recruiter will not be liable in relation to any damage you may suffer arising out of the actions or omissions of an Employer, as set out in Section 11.
    4. you will not use the Database to solicit the performance of any activity which infringes Salon Recruiter’s rights, or the rights of others; and
    5. you will not use the Database and Services to upload, transmit, or otherwise distribute objectionable content, as solely determined by Salon Recruitment.
  3. If you, at any time, cease to comply with their obligations in terms of this Section or any other provision in these Terms, then Salon Recruiter shall have the option to terminate these Terms and your Account, in accordance with the provisions of Section 6.2.

INTELLECTUAL PROPERTY

1. 1. Salon Recruiter owns and will continue to own all right, title and interest in and to the Intellectual Property, reports, sketches, diagrams, text, copy, Database, Employer details, know-how, concepts, proofs of concepts, artwork, software, algorithms, methods, processes, or other technology provided or developed by Salon Recruiter (or a third party acting on Salon Recruiter’s behalf) pursuant to these Terms in the course of rendering the Services to you including modifications, enhancements, improvements or derivative works of any of the aforegoing, regardless of who first conceives or reduces to practice, and all Intellectual Property in any of the aforegoing (collectively, the “Salon Recruiter Intellectual Property“) shall belong to and be the absolute property of Salon Recruiter.
  2. To the extent necessary, you hereby unconditionally and irrevocably assigns all rights to the Salon Recruiter Intellectual Property, discovery, invention, secret process or improvement in a procedure to Salon Recruiter.

YOUR LICENSE TO SALON RECRUITER

1. 1. As between you and Salon Recruiter, you own the content and information you submit to the Services or upload to your Profile, and you grant Salon Recruiter a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content you provide through our Services, without any further consent, notice and/or compensation to you or others (the “Candidate License”).
  2. The Candidate License is limited in the following ways:
    1. You may end the Candidate License for specific content by deleting such content from the Services or generally terminating your Account, except: (a) to the extent you shared it with others as part of the Service and they copied, re-shared, or stored it; and (b) for the reasonable time it takes to remove such content from backup and other systems.
    2. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout, file type or removing metadata), we will not modify the meaning of your expressions.

WARRANTIEs and disclaimer

1. 1. Salon Recruiter cannot guarantee that your use of the Services will successfully result in any form of employment opportunity and cannot be held responsible for any damages, of whatsoever nature that you may suffer arising from your use of the Services, and you hereby indemnify Salon Recruiter in this regard. All responsibilities and liabilities towards users, customers, Employers and third parties remain solely with the Candidate, all without recourse against Salon Recruiter, its owners, and its employees.
  2. Each Party hereby warrants and represents to the other that:
    1. it has all requisite power and authority to execute and implement these Terms and has all necessary power and authority to perform its obligations as set out in these Terms;
    2. the entering into of these Terms will not result in the violation of any of the terms and provisions of any agreement, written or oral, to which the relevant Party may be a party; and
    3. the execution and implementation of these Terms has been duly authorised by all necessary action on the part of the relevant Party and these Terms, when duly executed and implemented by the Parties, will constitute a legal and binding obligation of the Parties enforceable in accordance with its terms.
  3. Save for the warranties contained herein, Salon Recruiter makes no warranties to the Candidate of any nature.

LIMITATION OF LIABILITY

Salon Recruiter will not, under any circumstances, be liable to the Candidate for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which the Candidate may sustain or suffer (or with which the Candidate may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Terms, including acts or omissions of an Employer, or in the course of the discharge or exercise by the Parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of these Terms or the termination of these Terms for any reason.

No consequential losses

Indemnity

The Candidate hereby indemnifies and holds harmless Salon Recruiter (including its shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party, including Employers, for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, arising from a breach of these Terms or arising from any services performed by the Candidate for an Employer.

Data Protection

1. 1. To successfully assist you in applying for potential placement with an Employer, we need to process your personal information, including your name and surname, identification numbers, professional information, contact details, academic records, previous work history details and references. We will not ask for more personal information than is necessary for us to fulfil our responsibilities. We may share your personal information with other industry, regulatory bodies, third parties and service providers, but only in so far as is required by them to fulfil their duties or to process your application. We will also share your personal information with the Employers in line with the recruitment requirements they have shared with us. We will treat your personal information with caution and have all generally accepted information security measures in place that are required to protect it.
  2. For purposes of the Protection of Personal Information Act, 4 of 2013 (“POPIA“), Salon Recruiter shall be a responsible party (as defined in the POPIA) in respect of your personal information.
  3. The legal basis for the processing of your personal data by Salon Recruiter is based on the necessity to carry out the actions for the conclusion and performance of these Terms, as described in section 11(b) of the POPIA, and your consent, as described in section 11(a) of the POPIA. By agreeing to these Terms, you consent to Salon Recruiter processing any personal information gained as a result of these Terms.
  4. Please note that Employers act as independent responsible parties (as defined in the POPIA) in respect of your personal information. Salon Recruiter has no control over how an Employer may use your personal information. For more information on how an Employer will process, use, and disclose your personal information obtained via the Database, please request and refer to the applicable privacy policies of the relevant Employer. Salon Recruiter is not responsible for, gives no warranties, nor makes any representations in respect of the privacy policies or practices of any Employer.
  5. For more information on how Salon Recruiter will process, use, and disclose your personal information in connection with these Terms, please read our privacy policy, available at [INSERT LINK].

CONTACT US

1. You can contact us using the details below or using the details listed on our Website. The information below is also provided to you in terms of Section 43 of the Electronic Communications and Transactions Act (25 of 2002).

Full Name:	Salon Recruiter (Pty) Ltd
Registration Number:	2022/622611/07
Main Business:	Online recruiting platform
Physical Address:	The Vineyards Office Estate, 99 Jip De Jager Drive, De Bron, Cape Town, 7530, South Africa
Office Bearer:	Heidi Derbyshire and Liezel Brits
Phone:	+27 76 463 5864
Email:	info@salonrecruiter.co.za

BREACH

ARBITRATION

1. Other than in respect of those provisions of these Terms which provide for their own remedies which would be incompatible with arbitration, a dispute which arises in regard to:
  1. the interpretation of;
  2. the carrying into effect of;
  3. any of the Parties’ rights and obligations arising from;
  4. the termination or purported termination of or arising from the termination of; or
  5. the rectification or proposed rectification of,

That arbitration shall be held:
1. with only the Parties and their representatives present; and
2. at Cape Town, Western Cape, South Africa.
It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty-one) Business Days after it has been demanded. The Parties shall use their best endeavours to procure the expeditious completion of the arbitration.
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 admitted attorney, whether practising or non-practising, of not less than 10 (ten) 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 shall be nominated by the President (or his/her nominee) for the time being of the Legal Practice Counsel (or its successor body in the Western Cape), following which the Parties shall immediately appoint such person as the arbitrator. If that person fails or refuses to make the nomination, any 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 made by any arbitrator confidential.
The arbitrator shall be obliged to give his/her award in writing fully supported by reasons.
The provisions of this Section 17 are severable from the rest of these Terms and shall remain in effect even if these Terms is terminated for any reason.
The arbitrator shall have the power to give default judgment if any Party fails to make submissions on the due date and/or fails to appear at the arbitration.
The arbitrator’s award shall be final and binding on the Parties.
The costs of any venue, arbitrator’s remuneration, recording, transcription and other costs and expenses ancillary to the hearing shall be borne by the Parties in equal shares and shall be recoverable, as costs in the cause under the provisions of any award.
The Parties, together with the arbitrator, will agree from time to time on the arbitrator’s remuneration, which will be paid by the Parties in equal shares, upon receipt of invoices.

Force Majeure

1. 1. Except for the obligation to pay monies due and owing, neither Party shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
  2. The obligations and rights of the defaulting Party shall be extended for a period equal to the period during which such event prevented such Party’s performance, provided that if such period exceeds 60 (sixty) days, then either Party shall be entitled to terminate these Terms immediately on written notice while the Party’s performance continues to be prevented.

General

1. 1. No assignment. No Party will be entitled to cede its rights or delegate its obligations in terms of these Terms without the express prior written consent of the other Party.
  2. Relationship between the Parties. The Parties agree that neither Party is a partner or agent of the other Party, and neither Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party.
  3. No representation. To the extent permissible by law, no Party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
  4. Severability. Any provision in these Terms, which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
  5. Address for service. Any notice, approval, request, authorisation, direction, or other communication under these Terms shall be given in writing, directed to the address for Salon Recruiter set forth in Section 15 and for the Candidate at the address and e-mail so provided during the registration, and shall be deemed to have been delivered and given for all purposes:
    1. on the delivery date if delivered by email;
    2. on the delivery date if delivered personally to the Party to whom the same is directed;
    3. 1 (one) business day after deposit with a commercial overnight carrier with written verification of receipt; or
    4. 5 (five) business days after the mailing date whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.
  6. Governing law. These Terms and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the Republic of South Africa and the Parties submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town).
  7. Whole agreement. These Terms set forth the entire agreement and supersedes any and all prior or contemporaneous agreements and representations, written or oral, of the Parties with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations. The Parties acknowledge that as of the date hereof, no binding commitments exist between the Parties with respect to the subject matter of these Terms, except as may be provided herein and as per the terms on the Website from time to time.

INTERPRETATION

1. The headings of the sections in these Terms are for convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify the terms of these Terms, nor any section of these Terms. Unless a contrary intention clearly appears:
  1. words importing:
  2. any gender includes all others;
  3. the singular includes the plural and vice versa; and
  4. natural persons include created entities (corporate or unincorporated) and the state and vice versa.
2. The following terms have the meanings assigned to them in this Section 20.2 and cognate expressions shall have corresponding meanings, namely:
  1. “Applicable Laws” means any law, by-law, ordinance, proclamation and/or statutory regulation which a Party is required to observe by reason of the provision of the Services, use of or business with the Services and matters incidental thereto, including, but not limited to, any present or future legislation, measure, requirement, order, ordinance, rule, guideline, practice, concession, or request issued by any relevant authority, government body, agency or department, which is applicable to these Terms;
  2. “Business Day” means any day excluding Saturday, Sunday and a public holiday in the Republic of South Africa;
  3. “Effective Date” means the date upon which you complete any electronic acceptance form or process made available online by Salon Recruiter where you click the “SUBMIT” or “ACCEPT” buttons, alternatively, the time you register an Account, access, or otherwise use the Service, or otherwise indicating acceptance of these Terms;
  4. “Intellectual Property” means the Database, copyrights, patents, trademarks, designs or models, trade patterns, trade names and any other type of intellectual property and any rights to them (including applications for and rights to obtain or use same) which are used and/or held, whether or not currently used, by Salon Recruiter in connection with its business and/or any other rights to such Intellectual Property;
  5. “Parties” means the parties to these Terms;
  6. “Registration Fee” means the annual fee applicable to the Service, as described and further contemplated on the Website;
  7. “Term” means the 12-month duration of your access to the Services, including all subsequent renewals, as applicable;
  8. “Tax” means all taxes, charges, duties, levies, deductions, withholdings or fees of any kind whatsoever, or any amount payable arising out of the aforegoing, imposed, levied, collected, withheld or assessed by a governmental authority, together with any penalties, fines or interest relating thereto;
3. Reference to any legislation is to that legislation as at the Effective Date and as amended or re-enacted from time to time and includes any subordinate legislation made from time to time under such legislation. Any reference to a particular section in any legislation is to that section as at the Effective Date, and as amended or re-enacted from time to time and/or an equivalent measure in any legislation, provided that if as a result of such amendment, the specific requirements of a section referred to in these Terms are changed, the relevant provision of these Terms shall be read also as if it had been amended as necessary, without the necessity for an actual amendment.
4. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in this Section 20, effect shall be given to it as if it were a substantive provision in the body of these Terms.
5. When any number of days is prescribed in these Terms, the method for calculation shall be to exclude the first day and include the last day, unless the last day falls on a day that is not a Business Day, in which case the last day shall be the next succeeding Business Day.
6. If figures are referred to in numerals and in words, and if there is any conflict between the two, the words shall prevail.
7. Expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions.
8. If any term is defined within the context of any particular section in these Terms, the term so defined, unless it is clear from the section in question that the term so defined has limited application to the relevant section, shall bear the meaning ascribed to it for all purposes in terms of these Terms, notwithstanding that the term has not been defined in Section 20.2.
9. The expiration or termination of these Terms shall not affect such of the provisions of these Terms that expressly provide will operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the sections themselves do not expressly provide for this.
10. The rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply.
11. Any reference in these Terms to a Party shall include a reference to that Party’s assigns expressly permitted under these Terms and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be.
12. The words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word(s).
13. Any reference in these Terms to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.

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