1.1. When accessing the website https://www.hellohr.co.za/ ('Website'), you enter into a legally binding contract with Hello Technologies Proprietary Limited on the terms and conditions ('Terms') set out in this document. Hello Technologies Proprietary Limited is a company incorporated in Republic of South Africa, with company number 2019/552017/07, and hereinafter referred to as 'we' or 'us' or 'our' as required by the context.
1.2. These Terms apply to all visitors to the Website, including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listings and/or information, and/or any other material or data ('Content'); web search engines; and data and/or information aggregators ('users' or 'you' or'your').
1.3. We provide a collection of online resources which include Content, forums, and certain e-mail services (these resources are collectively referred to as 'Services') on the Website, and your access and/or use of the Website and the Services are subject to these Terms.
1.5. This understanding and agreement supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
1.6. The Terms and the relationship between us are governed by the laws of the Republic of South Africa.
1.7. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in the Republic of South Africa.Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (because, for example, such provision is inconsistent with the laws of another jurisdiction)or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
For the purpose of complying with the Consumer Protection Act, 2008 (the “CPA”),certain portions of these Terms have been written in bold, so as to draw your attention to such provisions, as they:
· limit in some way the risk of liability of Hello Technologies Proprietary Limited or any other person;
· constitute an assumption of risk or liability by you;·
· impose an obligation on you to indemnify Hello Technologies Proprietary Limited or any other person;·
· constitutes an acknowledgment of a fact by you.
You are required to ensure that before using the Website or the Service, you had an adequate opportunity to read and understand the implications of the terms printed in bold.
By using the Service, you agree to these terms and it shall be deemed that you understand the implications thereof and that the terms were written in plain and understandable language that you understand.
We will not be bound by any paragraphs written in blue as these paragraphs only function as an explanation of the binding clauses directly above these paragraphs.
2.1. By accessing the Website and/or by using the Services (as amended and updated from time to time), you agree to be bound by these Terms. Should you object to any term or condition of these Terms, to any guideline or any subsequent changes thereto, or become dissatisfied with us,the Website or the Services, please refrain from using the Website and/or the Services and contact us using the contact details provided in paragraph 17 below.
2.2. These Terms may be updated by us at any time and at our sole discretion. We will send you notice of changes to the Website or the Terms by email.
3. DATA PROTECTION
4. ACCESSING(BROWSING) OUR WEBSITE AND USING OUR SERVICES
4.1. We offer the following service –Easy, modern payroll and HR for South Africa. Manage your payslips, payroll, tax calculations and leave with ease,using our cloud platform.
4.2. We do not permit copyright-infringing activitiesor infringement of intellectual property rights on the Website. We may, at oursole discretion, remove any infringing Content if properly notified that suchContent infringes another's intellectual property rights.
5.1. We will use our reasonable efforts to ensure the Service is available at all times.
5.2. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of force majeure.
5.3. We will use reasonable efforts to publish on the Website advance details of any foreseeable unavailability.
5.4. Through the use of web services and APIs, the Service interoperates with a range of third-party services.
5.5. We do not make any warranty or representation on the availability of those third-party services. Without limiting the previous sentence, if a third-party provider ceases to provide its service or ceases to make that the service available on reasonable terms, we may cease to make available our Service to you. To avoid doubt, if we exercise our right to cease to provide our Service due to a third party not providing its service anymore or providing its service on reasonable terms, you will not entitled to any refund, discount or other compensation from us.
This nature of this clause is a limitation of liability
The effect of this clause is that you will not be able to recover or claim any amount from Hello Technologies Proprietary Limited if Hello Technologies Proprietary Limited is no longer in the position to provide a service which was dependant on a third-party service provider providing a service
6. SUBMITTING CONTENT
6.1. If you submit any Content to us, you expressly agree not to post, e-mail, or otherwise make available Content -
6.1.1. that violates any law;
6.1.2. that is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us all the licence rights granted under these Terms by the owner;
6.1.3. that infringes any of the foregoing intellectual property rights of any party or that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
6.1.4. that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic,libellous, or invasive of another's privacy or other rights, or that harms or could harm minors in any way;
6.1.5. that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race,ethnicity, age, or disability;
6.1.6. that violates any employment laws including those prohibiting the stating, in any advertisement for employment, of a preference or requirement based on the race, colour, religion, sex, national origin, age or disability of the applicant;
6.1.7. that includes personal or identifying information about another person, without that person's explicit consent;
6.1.8. that impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
6.1.9. that is false, deceptive, misleading, deceitful or constitutes a 'bait and switch'offer;
6.1.10. that constitutes a 'pyramid scheme', 'affiliate marketing', a 'link referral code','junk mail', 'spam', a 'chain letter' or an unsolicited advertisement of a commercial nature;
6.1.11. that constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is posted in areas or categories of the Website which are not designated for such purposes; or e-mailed to users who have requested not to be contacted about other services, products or commercial interests;
6.1.12. that includes links to commercial services or Third-Party Websites, except as specifically allowed by us;
6.1.13. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
6.1.14. that contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.1.15. that disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) to the Services or that otherwise negatively affects other users'ability to use the Services; or
6.1.16. that employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
6.2. Additionally, you agree not to
6.2.1. contact anyone who has asked not to be contacted, make unsolicited contact with anyone for any commercial purpose, or 'stalk' or otherwise harass anyone;
6.2.2. make any libellous or defamatory comments or postings to or against anyone;
6.2.4. attempt to gain unauthorised access to computer systems owned or controlled by us, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or the Website;
6.2.5. use any form of automated device or computer program ('flagging tool' or 'automated flagging device') that enables the use of our 'flagging system' or other community control systems without each flag's being manually entered by a human who initiates the flag, or use any such flagging tool to remove the posts of competitors or other third parties, or remove a post without a reasonable good-faith belief that the post being flagged violates these Terms or any applicable law or regulation; and
6.2.6. use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (an 'automated posting device').
6.3. We reserve the right to remove any Content without prior notice.
6.4. Furthermore, by posting Content to any public area of the Website, you agree to and do hereby grant us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication,reproduction or exploitation of the Content on the Services or Website by any party for any purpose. You also hereby grant each user of the Website anon-exclusive licence to access your Content through the Website. The foregoing licence granted by you to each user terminates when you remove or delete such Content from the Website.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. You acknowledge and agree that the materials on the Website, including the text, software, scripts, graphics, images, sounds,music, videos, interactive features and the like ('Materials'), and the trademarks,service marks and logos contained therein ('Marks'), are owned by or licensed to us and are subject to copyright and other intellectual property rights.
7.2. We reserve all rights not expressly granted herein to the Website and the Materials. You agree not to use, copy or distribute any of the Materials, otherwise than as expressly permitted herein,or to use, copy or distribute the Materials of third parties obtained through the Website, for any commercial purpose. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials or that enforce limitations on the use of the Website or Materials.
7.3. The Services are protected to the maximum extent permitted by copyright laws, other laws, and international conventions or treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation pursuant to copyrights laws,other laws, and international conventions or treaties. Any reproduction,modification, creation of derivative works from or redistribution of the Website,the Materials or the collective work or compilation is expressly prohibited.Copying or reproducing the Website, the Materials, or any portion thereof, to another server or location for further reproduction or redistribution is expressly prohibited.
7.4. You further agree not to reproduce, duplicate or copy Content or Materials from the Services, and agree to abide by all copyright notices and other notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
8.1. You agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns,directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses,liabilities, costs or debt, and expenses (including attorneys' fees) arising from
8.1.1. your use of and access to the Website and/or the Services;
8.1.2. your violation of any term of these Terms;
8.1.3. your violation of any third-party right,including, without limitation, any copyright, trademark, trade secret, or other property or privacy right; or
8.1.4. any claim that your content caused damage to a third party.
8.2. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
The nature of these clauses is a legal indemnity
The effect of these clauses are that if a claim is instituted against Hello Technologies Proprietary Limited due to your use of the Website or Services, then you will pay Hello Technologies Proprietary Limited all amounts that we maybe required to pay to satisfy the claims instituted against us as a result of your use of the Service
9. LIMITATION AND TERMINATION OF SERVICES
9.1. You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Services (or any part thereof),immediately and without notice, and to remove and discard any content within the Services, for any reason including our belief that you have violated these Terms.
9.2. You agree that we will not be liable to you or any third party for termination of your access to the Website or the Services. You also agree not to attempt to use the Services after such termination.
The nature of these clauses constitutes an acknowledgement of fact by you and a limitation of liability of Hello Technologies Proprietary Limited
The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses and you will also not be in a position to institute any claim against Hello Technologies Proprietary Limited if we exercise our rights under these clauses
10. DISCLAIMER OF WARRANTIES
10.1. You expressly acknowledge and agree that use of the Website and the Services is entirely at your own risk and that the Website and the Services are provided on an 'as is' or 'as available' basis,without any warranties of any kind.
10.2. All express and implied warranties,including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law we, our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Website and the Services and your use thereof. We make no warranties or representations about the accuracy or completeness of the Website's content, the Services or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any -
10.2.1. errors, mistakes or inaccuracies ;
10.2.2. unauthorised access to or use of our Service and/or any personal and/or financial information stored therein;
10.2.3. interruption or cessation of transmission to or from the Website;
10.2.4. bugs, viruses, trojan horses or the like which may be transmitted to or through the Website by any third party; or
10.2.5. errors or omissions in any content or loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via the Website or the Services.
10.3. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.
The nature of these clauses is an acknowledgement of fact by you
The effect of these clauses is that you will not be in a position at a later stage to deny that what is stated in the clauses
11. LIMITATION OF LIABILITY
11.1. In no event will we, our officers,directors, employees or agents be liable for direct, indirect, incidental,special, consequential or exemplary damages (even if we have been advised of the possibility of such damages) resulting from any aspect of your use of the Website or the Services, including damages arising from the use or misuse of the Website or the Services, from the inability to use the Website or the Services, or from the interruption, suspension, modification, alteration, or termination of the Website or the Services. These limitations will apply to the fullest extent permitted by law.
The nature of this clause is a limitation of liability of Hello Technologies Proprietary Limited
The effect of this clause is that even if you suffer a loss as a result of the use of the Service you will not be in the position to institute a claim against Hello Technologies Proprietary Limited
12.1. These Terms and any rights and licences granted hereunder may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment or transfer by you will be null and void.
13. ABILITY TO ACCEPT TERMS OF SERVICES
13.1. This Website is intended for adults only. You affirm that you are more than 18 year of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
14.1. If any provision of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms will not in any way be affected or impaired.
15. SUCCESSORS AND ASSIGNS
15.1. These Terms will inure to the benefit of and be binding upon each party's successors and assigns.
16. HOW TO CONTACT US
1.1. If you have questions about these Terms, please contact us at email@example.com.
17. REQUIREDINFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT, ACT NO. 25 of 20025
17.1. More information about us is provided below:
17.1.1. Full name: Hello Technologies Proprietary Limited
17.1.2. Main business address of receipt for legal service: 3rd Floor, 125 BuitengrachtStreet, Cape Town, 80011.1.3.
Office-bearers:Bernard Bravenboer and Paul Cook
17.1.4. Membership of any self-regulatory or accreditation bodies: None
1.1. We, hellohr,with registration number 2019/552017/07,are committed to data protection and the right to privacy.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1. When you visit our Website or our app('Website'), we may collect certain information that is not Personal Information, such as your Internet Protocol ('IP') address, operating system,browser type, and internet service provider. This type of information does not identify you personally.
· Information that you provide by filling in forms on the Website. This includes information provided at the time of your registering to use the Website, subscribing to our Services and completing data field inputs when using our Services;
· Information that we may ask you for when you report a problem with our Website or our Services ;
· Information that relates to records of correspondence between us;
· Information from surveys that you choose to complete for us that we use for research purposes;
· Details of transactions you carry out through our Website and of the fulfilment of any contract you enter into with us; and
· Details of your visits to our Website (including traffic data, location data, and weblog and other communication data, whether they be required for our own billing purposes or otherwise) and the resources that you access.
· We may also collect information (which may include Personal Information) that our users provide, such as, keyword searches, scam reports and new contact sellers.
2.3. By using this Website or the Services, you consent to our collection, storage and use of the Personal Information you provide for any of the Services that we offer and you consent to our collection of any changes or updates that you may provide to any information you provided that has been collected by us.
3. STORAGE OF YOUR PERSONAL DATA
3.1. We will do our best to protect your Personal Information and we will use technology that will help us to do this. The transmission of information via the Internet is not completely secure, however,and we cannot guarantee the security of the information you transmit to our Website. Transmission of your information to our Website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try prevent unauthorised access.
3.2. When you have chosen or been given a password which enables you to access certain parts of our Website, you are responsible for keeping that password confidential. Please do not share your password with anyone.
4. COOKIES AND IP ADDRESSES
Cookies are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time of your visits to the Website, your browsing history on the Website only, your preferences, and your username.
4.3. Cookies enable us to
· estimate the size and usage pattern of our Website's audience;
· store information about your preferences, which allows us to customise the Website to your individual interests;
· speed up your searches; and
· recognise you when you return to the Website.
5. HOW YOUR INFORMATION IS USED AND DISCLOSED
5.1. We may use the information (including Personal Information) we hold about you in the following ways:
· to ensure that content from our Website is presented in the most effective manner for you and for your computer;
· in aggregate and de-identified form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;
· to provide you with information, products or services that you request from us or which we feel may interest you, when you have consented to be contacted for such purposes;
· to allow you to participate in interactive features of our Services when you choose to do so;
· to carry out any contracts that may form between us;
· to respond to any queries you make; and
· to notify you about changes to our Services.
5.2. We may use information provided by you
5.2.1. monitor user activity such as keyword searches or new postings, and more effectively manage traffic on our Website;
5.2.2. to provide customer services and create and manage user accounts; and
5.2.3. to assist you with technical difficulties.
5.3. Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to understand better which advertisements and services may interest you.
5.4. We may block users located in certain countries from using our Website. We may retain certain Personal Information for as long as is required to fulfil our business objective, even after your account is terminated.
6. PROTECTING YOUR PERSONAL INFORMATION
6.1. The Personal Information you submit when you register on our Website may be protected by a unique customer password and user ID. You should not disclose your password information to anyone and always remember to log off when you are using a shared computer.
6.2. You may utilise our Website as an anonymous user, by not registering. We have taken certain security precautions to safeguard your Personal Information. However, as with most electronic transactions, no method is 100% safe. While we strive to use commercially acceptable means to protect the Personal Information you provide, we cannot guarantee its security. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or content, including, without limitation, such information as has been provided to third parties or other users, or regarding the failure of a third party to abide by the agreement between us and such third party.
6.3. You agree that you are responsible for maintaining the confidentiality of your username and password and all uses of your account, whether or not you have authorised such use.
7. ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
7.1. You may access, remove, review, and/or make changes to Personal Information that you provide us with. If you register, we may also send you any legally required notifications and certain notifications including service-related notices and notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. You can always opt-out of certain e-mail communications from us, including our notifications to you.
7.2. We will not change your preferences without your consent.
8.1. On occasions, we may be required to disclose your Personal Information because of legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required in order to comply with our legal obligations including complying with court orders, warrants, subpoenas, service-of-process requirements or discovery requests.
8.3. We will notify you of any transaction in which substantially all of our assets are sold to or merged into another company,including assets which contain your Personal Information. The acquiring company will be given access to your Personal Information without your consent.
9. NOTIFICATION OF CHANGES
10. HOW TO CONTACT US