Terms of Service
Created: August 2023
Last updated: August 2023
General Terms – All Users
1. Introduction:
1.1 Your Relationship With Us
- Welcome to TalentE (the "Platform"), provided by Maja Consulting And Projects (Pty) Ltd. ("we" or "us"). These terms of service (the “Terms”), serve as the agreement between you and us, governing your access and use of the Platform and related Services. By using our Services, you agree to these Terms and Community Guidelines. Please read them carefully.
1.2 Accepting the Terms
- By accessing or using our Services, you confirm your acceptance of these Terms. If you are using the Services on behalf of a business or entity, you represent and warrant your authority to bind the entity. If you disagree with these Terms, do not use our Services. Your use of the Services constitutes acceptance of these Terms.
2. Acceptable Use:
Your use of the Services is subject to these Terms and applicable laws. You must not:
- Use the Services if you are not legally competent to agree to these Terms.
- Modify, distribute, sell, or reverse engineer the Services or its content.
- Use the Services for commercial purposes without our written consent.
- Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews.
- Interfere with the proper functioning of the Services or attempt to bypass access restrictions.
- Impersonate others or engage in harassment or harmful activities.
- Upload harmful or prohibited content, including viruses, spam, or offensive material.
- Provide unauthorized advice or engage in dishonest practices.
- Violate our Community Guidelines.
- Use or attempt to use another’s account, service, or system without authorization from TalentE, or create a false identity on the Services.
We reserve the right to remove content and disable access to the Services at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Automated systems analyze your content for relevant features and safety purposes. This analysis occurs as the content is sent, received, and when it is stored.
3. User Accounts:
To access or use some of our Services, you must create an account and provide accurate information. Keep your account details confidential and notify us immediately if you suspect any unauthorized access. You are solely responsible for your account activity. We reserve the right to disable your account if you violate these Terms or applicable laws.
If you wish to delete your account, contact us for assistance at: https://www.talenteafrica.com/legal/feedback. Once your account is deleted, reactivation and content retrieval won't be possible.
4. TalentE Content:
The TalentE Content, including intellectual property rights, is owned or licensed by TalentE. You can only use it as permitted in these Terms. You acknowledge that we may generate revenue from the Services, but you won't share in it unless otherwise specified. You are granted a limited, non-transferable license to access and use the Services for personal, non-commercial use. TalentE may terminate this license at any time.
No rights are licensed with respect to sound recordings and musical works on the Service. Viewing content on the Services is at your own risk, and the content is for general information only. We make no guarantees about the accuracy or completeness of the TalentE Content. Links to third-party sites are for information purposes, and we have no control over their contents. We are not obligated to pre-screen or monitor content posted by users on the Services.
5. User-Generated Content (UGC):
Users of the Services can upload, post, and share content, including text, images, videos, and music ("User Content"). You must comply with our standards when using this feature, even if you share User Content on third-party platforms. By submitting User Content, you confirm ownership or necessary permissions. You retain copyright, but you grant us a global, non-exclusive, royalty-free license to use, modify, distribute, and display your User Content. We may also use your username, image, voice, and likeness to identify you. You waive rights to prior inspection, privacy, and similar rights regarding your User Content. We may remove or edit content at our discretion, and we have no liability for User Content. You control the visibility of your User Content through privacy settings. If you encounter inappropriate content, you can report it. In case of repeated copyright infringement, we may terminate user accounts. If you provide feedback, you agree to grant us unrestricted rights to use it without any obligation to review, consider, or implement it.
6. Intellectual Property Rights:
You must not use the Services to infringe on any intellectual property rights. We may block access or terminate accounts of users who violate these rights, at our sole discretion and with or without notice.
7. Liability and Disclaimers:
Our liability is limited as follows:
- We are not liable for any indirect or consequential losses.
- Any other loss is limited to the amount paid by you to TalentE in the last 12 months.
- We are not liable for damages caused by your reliance on advertising, changes to the Services, data loss, or account security issues.
- We do not provide the platform for commercial use.
- If our digital content damages your device due to our negligence, we will repair the damage or compensate you, but we are not liable for damage caused by your failure to follow instructions or system requirements.
You are responsible for mobile charges related to our service. Any disputes with third parties related to your use of the Services are between you and the third party, and you release us from any claims or damages arising from such disputes.
8. Governing Law and Jurisdiction:
- South African Law applies to these Terms. Any dispute arising from these Terms shall be referred to and finally resolved by arbitration administered by the South African Arbitration Centre (SAAC) in accordance with the Arbitration Rules of the South African Arbitration Centre ("SAAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in South Africa. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
- The Platform may contain open source software, subject to its respective license terms found at Open Source Policy.
- These Terms constitute the entire agreement between you and TalentE, replacing any prior agreements relating to the Services.
- You may link to our home page fairly and legally but must not suggest an association or endorsement that does not exist. We may withdraw linking permission without notice.
- The Services are for users aged 13 and above. If we discover a user below the specified age, we will terminate their account.
- Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
- We do not guarantee the security or bug/virus-free nature of our Services. You are responsible for your IT setup and virus protection.
- If any provision of these Terms is found invalid, it will be removed without affecting the rest, which will remain valid and enforceable.
9. Modifications to Terms:
We update these Terms occasionally, such as when we enhance our Services or due to regulatory changes. While we'll make reasonable efforts to notify users of significant changes, it's your responsibility to check the Terms regularly. The "Last Updated" date at the top will show the effective date. By using the Services after the update, you accept the new Terms. If you don't agree, you must stop using the Services.
Supplemental Terms
Notice regarding Apple:
- These Terms are between TalentE and you; Apple is not a party to these Terms.
- The license granted to you is limited to personal, non-commercial use on Apple devices you own or control.
- Apple is not responsible for the Platform or its content and has no obligation for maintenance or support.
- In case of Platform non-conformity, you may notify Apple for a refund; Apple has no other warranty obligations.
- Apple is not responsible for addressing claims related to the Platform or intellectual property infringement.
- You confirm you are not in a country subject to a U.S. Government embargo or listed on a U.S. Government prohibited parties list.
- Apple and its subsidiaries are third-party beneficiaries of these Terms.
Windows Phone Store:
- You may install and use the Platform on up to five (5) Windows Phone enabled devices.
- Microsoft, your phone manufacturer, and network operator have no obligation to provide maintenance or support.
Amazon Appstore:
- Amazon Appstore EULA Terms apply to your use of the Platform downloaded from the Amazon Appstore.
- Amazon is not responsible for compliance or non-compliance with these Terms.
Google Play:
- Google Play Terms apply to your use of the Platform downloaded from Google Play.
- Google is not responsible for compliance or non-compliance with these Terms.
Supplemental Terms - Jurisdiction-Specific:
- Please refer to the specific jurisdiction's additional terms for users in Brazil, India, Indonesia, United Arab Emirates, and Mexico.
Age Limit:
- The Services are intended for users 13 years old and over (other age limits may apply in specific jurisdictions).
- Users under the specified age must obtain parental consent or guardianship.
Language:
- These Terms are prepared in English.
- In case of inconsistency, the English text prevails.
By accepting these Terms and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any applicable supplemental terms and jurisdiction-specific terms.