TERMS AND CONDITIONS
About EmpowerXx
EmpowerXx is a company registered in South Africa with the company registration number 2020 / 046603 / 07. Welcome! You are entering into this Agreement with EmpowerXx. (“EmpowerXx”, “We”, “Our”, or “Us”). When You (individually or the entity that You represent) use Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy and Data Processing Agreement which sets out the terms in which We process any Personal Data collected from You, or provided to Us. If You do not agree to this Agreement, the Privacy Policy, the Data Processing Agreement, and any other referenced agreements or documentation, You must not access the Services. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent, and have disclosed all information to EmpowerXx as necessary to perform the Services. Capitalized terms are as defined throughout this Agreement.
Definitions
“Candidate” refers to prospective employees who are seeking employment opportunities through EmpowerXx. “Employer” refers to companies that have signed up to EmpowerXx with the intention to recruit Candidates, or to the individuals who represent those companies. “Start Date” refers to the first working day of a Candidate at an Employer. “Interview Request” refers to an expression of interest sent via EmpowerXx from an Employer to a Candidate. An Interview Request is non-binding and does not create any contractual obligations to either Employers or Candidates. “Job Offer” is a formal, binding offer of employment from an Employer to a Candidate. “Placement Fee” is the fee charged to Employers by EmpowerXx on the successful hire of the Candidate.
Services
This Agreement applies to all EmpowerXx services including: www.EmpowerXx.com (the “EmpowerXx Site” and/or the “EmpowerXx Marketplace”), and other EmpowerXx-related sites, apps, communications and other services that state that they are offered under this Agreement (all of the prior services referred to in this Agreement as the “Service(s)”). This Agreement applies to all registered users of Our Services (“Users,” or as used herein, “You,” “Your”, “Yourself”), including, but not limited to, Users who are seeking employment and/or contractor opportunities (“Candidates”) and companies interested in hiring or engaging Candidates (“Clients”).
Registration and Account Information
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself (“Registration Data”) and update it as necessary. If EmpowerXx has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, EmpowerXx may suspend or terminate Your account. You agree You will not (a) create an account using a false identity or information that is not your own; (b) have more than one account; (c) create an account or use the Services if You have been previously removed from the Services; or (d) create an account if you are a Client operating as a competitor or in a competitive industry to EmpowerXx. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security.
Responsibilities
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. When using Our Services, You agree that You will not (1) copy or distribute any part of the Services, including by way of automated or non-automated “scraping” (2) use any automated systems including “robots” and “spiders” (3) interfere with or compromise Our systems’ integrity or decipher any server transmissions (4) impose any unreasonably large load on Our infrastructure (5) upload viruses or worms to the Service (6) collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder (7) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden (8) stalk, harass, bully or harm others (9) impersonate any person or entity (10) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content. Your continued access to Our Services are contingent on Your agreement to act in a professional manner. You agree, represent, and warrant that any personally identifiable information of third parties you provide or upload to EmpowerXXx pursuant to your use of our Services, including the Assessments or EmpowerXx Services, will be provided with all complete and legal consents and permissions to provide EmpowerXx with such information. In the event of a Job Offer, you will provide EmpowerXx with its key terms, including employment start date and compensation, as may be requested by EmpowerXx.
Third Party Agents
Clients may permit third party agents to use the Service on their behalf (“Third Party Agents”), but will remain fully responsible for their Third Party Agents’ actions and any breach of this Agreement by a Third Party Agent shall be deemed to be a breach by the Client. The Service is to be accessed by Clients and its designated Users only and only for Clients’ internal business purposes, not for resale or unauthorized distribution to any third party.
Your Content
As Users of Our Services, all information You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the EmpowerXx Service(s). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that EmpowerXx is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of EmpowerXx. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the EmpowerXx Parties with respect thereto. Any and all Content You upload is not considered confidential by EmpowerXx, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in EmpowerXx’s sole discretion, and EmpowerXx has no control or liability over what other users do with your Content. You understand and agree that EmpowerXx will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
Payments and Refunds
EmpowerXx is free for Candidates. As a Candidate, you are required to promptly notify EmpowerXx within five business days if you accept a Job Offer, whether for an indefinite or fixed term. You shall also provide EmpowerXx with a copy of your signed offer letter or employment contract containing the key terms of the Job Offer, including your Start Date and remuneration.
For Employers
If a Candidate is identified through EmpowerXx and accepts a Job Offer within six months of the Candidate’s EmpowerXx profile being visible to the Employer, you as the Employer will be charged a Placement Fee, regardless of whether the Candidate accepts an Interview Request. The Placement Fee (excluding VAT) is equal to 12.5% of the Candidate’s annual total CTC, inclusive of all guaranteed income. EmpowerXx will invoice you within one week of the Candidate’s Start Date and the Placement Fee shall be due 30 days after the Start Date. If you already had an Active Process with the Candidate, and complete the process on EmpowerXx, then a Placement Fee will be due. An Active Process means that there was at least one communication regarding a potential hiring (email, call, interview, …) between the Candidate and the Employer at least 90 days before the Candidate’s profile was made visible on the EmpowerXx platform.
Refunds
Our guarantee period, which is validated on receipt of payment on or before the 30th day from date of invoice, covers you in the event of the employee leaving your employ for any reason other than death, retrenchment or unfair labour practice. • Should a Candidate within a period of 90 (ninety) days from commencement of employment depart from the company; • Or be legitimately dismissed; and provided the Client had itself made payment strictly in terms of this agreement and the Client within a period of 10 days, notifies EmpowerXx in writing (unless otherwise agreed) of the termination of employment; A refund will only be due to the Employer where the relevant Placement Fee was paid in accordance with EmpowerXx’s payment terms.
Limitations On Liability
EmpowerXx is not liable for (1) any Content posted on Our Services; (2) contracts or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services in violation of this Agreement; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; or (6) any third party personally identifiable information you upload or provide to EmpowerXx pursuant to the Services.
Indemnity
You agree to defend and indemnify the EmpowerXx Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to (a) Your Content (b) Your use of and access to the Services in violation of this Agreement (c) Your violation of this Agreement (d) Your violation of any law, rule, or regulation, or the rights of any third party, including Your upload or provision of personally identifiable information through the Service (e) Your use of any Third Party Services and (f) claims alleging that the EmpowerXx Parties and the Client are joint employers.
Licensing
Users will retain all rights to the Content they upload or create on or through the Services. You hereby grant to EmpowerXx and its owners, affiliates, representatives, licensees, licensors and assigns (the “EmpowerXx Parties”) a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content.
Applicable law and jurisdiction
These terms and conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms and conditions or their formation (including any non-contractual disputes or claims), shall be governed by and construed in accordance with laws of South Africa where the Services are provided in South Africa and the courts in Cape Town will have exclusive jurisdiction. EmpowerXx retains the right to have any dispute brought before any other competent court.
Privacy Notice
All of our interactions with you will be in accordance with our Privacy Notice. The Privacy Notice can be accessed on EmpowerXx (www.EmpowerXx.com/privacy) and will be updated from time to time as required. All questions around EmpowerXx’s Privacy Notice or your personal data should be directed to support@EmpowerXx.com.
