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ADDITIONAL TERMS THAT APPLY TO
JOB SEEKERS
ADDITIONAL TERMS THAT APPLY TO
PROVIDERS OF JOB ADVERTISEMENTS
THIRD-PARTY LINKS AND SERVICES
Last revised: 12 November, 2019
Welcome to the
websites and online services of Puffy, ("Puffy,"
"we," or "us"). These Terms of Use are
a contract between Puffy. and yourself, and explain the terms and conditions by
which you may use and/or access our services and websites. By accessing or
using the Services, you signify that you have read, understood, and agree to be
bound by this Terms of Use agreement (the, "Agreement"),
whether or not you are a registered user, partner, or customer of the Services.
This Agreement incorporates the Puffy Privacy Policy and any other
Specific Terms of Service as applicable.
We reserve the
right to amend this Agreement (including the Privacy Policy and any Specific
Terms of Service) at any time by notifying you as provided in this Agreement.
Your continued use of the Services after any such change constitutes your
acceptance of the revised Terms of Use. If you do not agree to any of these
terms of this Agreement, do not use or access (or continue to access), the
Services. This Agreement applies to all persons and entities who visit any of
our websites and/or use or access any of the Services ("Users").
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT
YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SERVICES, TO
BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE
DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS
THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A
CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO
THESE TERMS IN THEIR ENTIRETY.
Certain features of
the Services may also have their own specific terms and conditions that you agree
to when you sign up for that particular product, function, or service
("Specific Terms of Service"). A Specific Terms of Service
supplements this Agreement, but if any term of this Agreement expressly
conflicts with any term of a Specific Terms of Service, the conflicting term in
the Specific Terms of Service will control but only with respect to the
applicable product, function or service. All other terms and conditions in both
this Agreement and the Specific Terms of Service will remain in force.
Types of Users:
The word "you" as
used in this agreement will apply to visitors who browse Puffy websites and
individuals who access and use the Services on their own behalf and/or on
behalf of an entity.
·
Users that use the Services to search for employees, view resumes,
profiles, or curriculum vitae, and/or post and/or distribute job openings ("Job
Advertisements"), on behalf of themselves and/or a third party are
also referred to in this Agreement as, a "Client".
If you use Puffy on
behalf of an employer, organization, agency, institution, or other entity, then
(a) "you" includes you and that entity, and (b) you represent and
warrant that you are an authorized representative of the entity with the authority
to bind the entity to this Agreement, and that you agree to this Agreement on
the entity's behalf
In addition to the rest of this Agreement, please review the terms of
Section 9 carefully if you are using the Services as a Client.
·
If you use the Services to register for job alerts by text and/or email
or any other method made available to you, or to upload your resumé or CV, or
to search for or apply to Job Advertisements, we refer to you as, a "Job
Seeker".
In addition to the other provisions of this Agreement, please review the
terms of Section 8 carefully if you are using the Services as a Job Seeker
A. Eligibility
You must be at
least eighteen (15) years of age or the age of majority in the jurisdiction in
which you reside so that you can form a binding contract with Puffy. You may
not use the Services if your use of the Services has been previously terminated
or suspended by Puffy, unless we have provided you with specific written
authorization to re-use the Services.
B. Functionality
By providing Puffy
your email address you consent to our using the email address to send you
Service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you
other messages, such as changes to features of the Service and special offers.
If you have consented to receive email job alerts, we will send you job alerts
until you opt-out of such alerts.
If you do not want to
receive such email messages, you may opt out or change your preferences in your
Account page (for Clients) or by following the opt-out and/or unsubscribe
instructions in the email message. You can also contact support@puffy.co.za. Note: Opting out may prevent you
from receiving email messages regarding updates, improvements, or offers.
By applying to a
Job Advertisement on the Services, you give us permission to store your
information on the Services and to share your information (including your
resume), with the entity that posted the Job Advertisement.
By connecting to
Puffy using a third-party service, you give us permission to access and use
your information from that service as permitted by that service, and to store
your log-in credentials for that service.
You acknowledge and
agree that Puffy may use third party vendors and/or partners to provide the
Services (or any portion of the Services) to you, and share personal
information with such third parties as necessary in order to provide the
Services to you.
By using the
Services, you acknowledge that we do not have control over the quality,
accuracy, completeness, veracity or legality of content provided by third
parties. In addition, you acknowledge that we do not have control over the
integrity, responsibility or actions of Job Seekers or Clients.
C. User Accounts
The information in
this section applies to all User accounts. You may control your profile
information and how you interact with the Services by changing the settings in
your Settings page. When creating your account or uploading information to the
Services through your account, you represent and warrant that you will provide
accurate and complete information. You are solely responsible for the activity
that occurs under your account. All Users must keep their account passwords
secure. We encourage you to use "strong" passwords (passwords that
use a combination of upper and lowercase letters, numbers and symbols) with
your account. You must notify Puffy immediately of any breach of security or
unauthorized use of your account. Puffy will not be liable for any losses
caused by any unauthorized use of your account.
Users have no
ownership rights in their accounts and in the event that your account is terminated
by you or us, the contents of your account may not be available. Puffy reserves
the right to delete a User Account in the event of any inactivity.
If you access the
Services through a social networking site, you agree that Puffy can access,
store, and make available on the Services, any information and data that you
provide in your applicable social networking site account such that the same
information is available in your Puffy account. You agree that we are not
liable for any personal information that is made available to us in violation
of your privacy settings with the applicable social networking site.
Puffy may suspend
or terminate your account and/or your access to the Services, or any portion of
the Services at any time without notice to you, if we believe that you have
violated the terms of this Agreement. Upon any such termination, all the
provisions of this Agreement shall continue to survive except for any
provisions that grant you access to any of the Services. You agree that we will
have no liability to you for any termination or suspension of your access to
the Services or your account, or the deletion of information contained within
such account.
D. General Rules
for Use of Services
You agree not to
engage in any of the following prohibited activities: (i)
copying, distributing, or disclosing any part of the Services in any medium,
including without limitation by any automated or non-automated
"scraping"; (ii) using any automated system, including without
limitation "robots," "spiders," "offline
readers," etc., to access the Services in a manner that sends more request
messages to the Puffy servers than a human can reasonably produce in the same
period of time by using a conventional on-line web browser (except that Puffy
grants the operators of public search engines revocable permission to use
spiders to copy materials from puffy.co.za for the sole purpose of, and solely
to the extent necessary for, creating publicly available searchable indices of
the materials, but not caches or archives of such materials); (iii)
transmitting spam, chain letters, or other unsolicited communications; (iv)
attempting to interfere with, compromise the system integrity or security or
decipher any transmissions to or from the servers running the Services; (v)
taking any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the
Services; (vii) collecting or harvesting any personally identifiable
information from the Services, except as expressly permitted by certain
features of the Services; (viii) using the Services for any commercial
solicitation purposes; (ix) impersonating another person or otherwise misrepresenting
your affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (x) interfering with the proper working of
the Services; (xi) accessing any content on the Services through any technology
or means other than those provided or authorized by the Services; (xii)
bypassing the measures we may use to prevent or restrict access to the
Services, including without limitation, features that prevent or restrict use
or copying of any content or enforce limitations on use of the Services or the
content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse
engineering or decompiling any parts of the Services; (xv) frame or link to any
information or content on the Services; (xvi) post or submit any inaccurate,
incomplete, or false biographical information or another person’s information;
or (xvi) post or submit any material that is unlawful, illegal, defamatory,
offensive, discriminatory, threatening, or obscene as determined by Puffy.
We may, without prior
notice, change any aspect of the Services; stop providing the Services or
features of the Services; or create usage limits for the Services. We may
permanently or temporarily limit, condition, terminate or suspend your access
to the Services or any features thereof, without notice and liability for any
reason, including if in our sole determination you breach or violate any
provision of this Agreement, commit fraud or other abuse using the Services, or
for no reason. Upon termination for any reason or no reason, you continue to be
bound by this Agreement.
You are solely
responsible for your interactions with other Puffy Users. We reserve the right,
but have no obligation, to monitor disputes between you and other Users. Puffy
shall have no liability for your interactions with other Users, or for any
User's action or inaction. Puffy shall have no obligation to you to enforce
this Agreement against any other User.
E. Support
If you have
questions about the Services or your Account, please email us at support@puffy.co.za.
The Services may
allow Users to post and/or provide content that may be viewable by other Users,
including, but not limited to, Job Advertisements, company information, a job seeker’s
application information, content of messages, resumes/CVs, logos, trademarks,
comments, questions, and other content or information ("User
Content").
User Content is the
sole responsibility of the person or entity that provided the User Content. You
shall be solely responsible for your User Content and the consequences of
posting, providing or publishing it.
The following list
is intended to be illustrative of the types of User Content that is prohibited,
but is not an exhaustive list: You agree not to post or provide User Content
that (i) may create a risk of harm to any person or
property; (ii) provides instructional information about illegal activities;
(iii) involves the transmission of junk or unsolicited mail or other
communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that
is illegal or offensive, or targets or solicits personal information from,
anyone under the age of 18; (v) contains any information or content that we
deem to be unlawful, harmful, abusive, racially or ethnically offensive,
defamatory, infringing, invasive of personal privacy or publicity rights,
harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of
another party's trade secrets); (vii) contains any information or content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships; (viii) contains any information or content that is
false or misleading; or (ix) violates the Intellectual Property Rights (as
defined below) or rights of privacy of any third party. For the purposes of
this Agreement, "Intellectual Property Rights" means patent rights,
copyright rights, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or hereafter come into
existence, and all applications therefore and registrations, renewals and
extensions thereof, under the laws of any state, country, territory or other
jurisdiction. If you are a Client providing or submitting Job Advertisements,
you further agree that such content will not contain any personally
identifiable information.
You agree that
Puffy makes no representations, warranties, promises or guarantees regarding
any content provided or generated by third parties, including, without
limitation, the content of messages, Job Advertisements and resumés. You
further agree that Puffy acts as a passive conduit for the distribution,
provision, and publication of User Content, and has no obligation to screen or
verify the accuracy, legality, legitimacy, truthfulness, or completeness of
User Content, and accordingly, you accept that Puffy is not responsible and has
no liability, for User Content. You understand that you may be exposed to User
Content that is inaccurate, incomplete, illegal, misleading, false, offensive,
constitutes spam, or is otherwise unsuited to your purpose, and you accept that
it is your responsibility to verify the quality, accuracy, truthfulness,
legality or reliability of User Content, including, without limitation,
resumes/CVs and Job Advertisements and content of messages. Your reliance on
any User Content is at your own risk.
Notwithstanding the
foregoing, although Puffy has no obligation to screen User Content, to the
extent that Puffy becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other
Agreement you have with Puffy, or (ii) violate any law or regulation, or (iii)
violate the rights of third parties, or (iv) create liability for Puffy or
otherwise negatively impact Puffy, Puffy reserves the right to reject and/or
remove such User Content, and suspend and/or terminate any User Account
associated with such User Content.
The decision by
Puffy to remove or not post or distribute any User Content, does not by itself
amount to participation in the creation of such User Content and accordingly,
does not constitute a waiver of the immunity afforded by the CDA.
You understand and
agree that Puffy does not, and cannot, confirm that each User is who
he/she/they claim to be. We are not responsible for authenticating Users and
therefore it is your responsibility to conduct the appropriate due diligence
before communicating or interacting with other Users, including, without
limitation, Job Seekers, employers, staffing agencies, and recruiters. You
assume all risks associated with Users with whom you come into contact. If you
have any disputes or issues with any User you agree to pursue any remedies
directly with the applicable User and you release Puffy, its subsidiaries, and
their respective employees, directors and agents from all claims, demands and
damages of every kind (actual and consequential and direct and indirect) known
and unknown, suspected and unsuspected, disclosed and undisclosed, to the
fullest extent permitted by law.
Puffy reserves the
right to disclose User Content and any information related to the provider of
such User Content, to third parties in connection with the operation and
provision of the Services, to enforce the terms of any agreement that we have
with you, to comply with legal obligations and requests from governmental
authorities, law enforcement agencies, court orders, subpoenas, etc., and to
protect the interests of Puffy where necessary. For the avoidance of doubt, you
agree that we have the right to disclose your identity to a third party who is
claiming that any User Content you posted, provided or uploaded is fraudulent,
false, or misleading or constitutes a violation of the law, or a violation of
their intellectual property or ownership rights, or of their right to privacy.
By posting,
submitting, providing and/or otherwise making available any User Content, you
expressly grant, and represent that you have a right to grant, to Puffy, a
royalty-free, sublicensable (through multiple layers of sublicensees),
perpetual, transferable, non-exclusive, worldwide license to use, sell,
reproduce, adapt, translate, sublicense, publicly perform, publicly display,
and make derivative works from and otherwise exploit, all such User Content in
whole or in part, and in any form, media or technology, whether now known or
hereafter developed, for the purposes of posting such User Content on the Puffy
websites, distributing such User Content through the Puffy distribution and
publishing network and in job alerts to job seekers, and to promote Puffy and
the Services. This license continues even if you stop using the Services.
If you are a
Client, you acknowledge and agree that Puffy has no obligation, and may be
unable, to remove your Job Advertisements and other content (including any
logos and/or trademarks contained therein) once they have been (i) distributed via the Puffy distribution and publisher network,
(ii) listed in search engine results, or (iii) distributed on websites and in
job alert emails or job alert texts, or (iv) incorporated into fixed media
displays of Puffy or any third party, and in each case (i)
to (iv) above, the license grant from you above will be perpetual and
irrevocable for such uses. To the extent your User Content is a trademark,
trade name, service mark or service name protected by law, the foregoing
license also extends to the use by Puffy to identify you as a User of the
Services in any promotional and marketing materials to promote Puffy and the
Services. Further, to the extent you have given Puffy the right to access
certain User Content that is present on another website or service you own or
control, you give Puffy the right to scrape such website as required to
retrieve such User Content for use on the Services as contemplated in the
license grants above.
You represent and
warrant that you have the rights, power and authority necessary to grant the
rights described in this section to User Content that you submit, provide, make
available or post, via the Services, that the use by Puffy of your User Content
will not violate any law or infringe the rights of any third party, and that
your User Content and any other information that you provide to us is legal,
complete, legitimate, truthful and accurate.
With the exception
of content owned by, or licensed from, third parties, the Services and all
materials therein or transferred thereby, including, without limitation,
software, images, text, graphics, illustrations, logos, patents, trademarks,
service marks, copyrights, photographs, audio, videos, music, and content
(the, "Puffy Content"), and all Intellectual Property
Rights related thereto, are the exclusive property of Puffy. Except as
explicitly provided herein, nothing in this Agreement shall be deemed to create
a license in or under, any such Intellectual Property Rights, and you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from
any materials or content accessible on the Services. Use of the Puffy Content
or materials on the Services for any purpose not expressly permitted by this
Agreement is strictly prohibited.
If you participate
in any evaluation regarding the Services or otherwise provide Puffy
suggestions, comments, ideas, opinions, recommendations for the modification,
correction, improvement, or enhancement of the Services, or other feedback
regarding the Services (collectively, "Feedback"), you
agree that Puffy shall own such Feedback. Accordingly, you understand and
accept that Puffy will be free to use, disclose, reproduce, license or
otherwise distribute, commercialize and exploit the Feedback as it sees fit,
entirely without obligation or restriction of any kind and without compensation
to you. You agree not to provide any Feedback that is false or misleading or
that breaches any agreement you have with a third party.
ADDITIONAL TERMS THAT APPLY TO JOB SEEKERS
As a Job Seeker,
you can (i) use the Services to search for jobs, (ii)
apply for jobs ("Job Applications"), (iii) receive job alert
emails or text messages, where such features are available to you ("Job
Alerts"), and (iv) include your resume and other applicable
information in the Resume Database. For purposes of this Agreement, references
to "resume" or "CV" shall also mean a curriculum vitae,
profile, references, recommendations, and other similar written overviews or
assessments of a person's experience and qualifications.
You agree that if
you have a Puffy account or if you have provided your resume/CV to Puffy and/or
if you have signed up for job alerts, we may use the information you provide to
send you information about Job Advertisements that may be of interest to you
and you also agree that we may provide your resume/CV (to the extent that you
have not designated it as private), to an employer or recruiter who may be
interested in candidates who have shown an interest in roles similar to the
type that you have searched for or applied to.
To the extent that
you wish us to share your information and resume/CV with potential employers,
recruiters, or staffing agencies (including, where you have submitted your resume/CV
to the Resume Database or because you have applied to a Job Advertisement on a
Puffy website), you consent to our sharing your resume/CV, together with any
additional information you provide to us during the application process. This
means that you give us a non-exclusive, royalty-free, worldwide licence (and
right to sub-license), of any rights, including intellectual property rights,
in your resume/CV and any additional information you provide to us, to share or
otherwise use such resume/CV and additional information as we reasonably
require to fulfil the services we provide to you.
A. Job Applications
in General
You can choose how to
submit your Job Application using the options offered through the Services. If
you elect to apply through a third-party account such as Facebook or
LinkedIn.com, you will be asked to log-in to the applicable account, and the
profile, resume and other information that you have provided as part of any of
those accounts will then be provided to the entity that posted the applicable
Job Advertisement. You can also submit a Job Application through your mobile
device.
Once you submit a
Job Application, your resume and other applicable information will be shared
with the entity that posted the Job Advertisement. You should therefore ensure
that the information you provide is complete and accurate, and only contains
information that you are comfortable sharing.
If you ask Puffy to
submit a message to any employer or third party or if you apply for a job using
the Services, you accept that Puffy does not guarantee that the recipient
entity will receive, access, view, or respond to your requests or Job
Applications, or that the transmission of data will be error-free. Any screener
questions provided by the entity posting a Job Advertisement are entirely in
the control of that entity and if you require alternate screener questions or
application process, you must contact the applicable entity directly.
B. Applying to Job
Advertisements on a Puffy Website
When you apply to a
Job Advertisement on a Puffy website, we will send the resume associated with
your account (to the extent an account was created as described in Section 8.C.
below).
If you have
manually logged out of your account or if you have been automatically logged
out of your account because of inaction or some other reason, before we send
the resume associated with your account, we will ask you to input your email so
we can verify your identity. Once you receive the verification email and
confirm your identity by following the instructions in the email, we will send
out the resume associated with your account.
IMPORTANT: It is your responsibility to ensure that the resume associated
with your account is always updated, current and accurate before you apply to a
Job Advertisement so an employer receives the most up-to-date information about
you. If you have opted in to the Resume Database, make sure that employers see
the most up-to-date information about you. In order to delete old resumes, edit
your resume, or upload a new resume, please go to the Profile settings in your
User account.
C. Account
Creation.
In addition to your
ability to manually create a Puffy account yourself, a Puffy account will
automatically be created for you in the following circumstances if you don’t
already have an account:
a.
When you sign up for job alerts with Puffy;
b. When you apply to a
Job Advertisement on a Puffy website, using for example, the ‘Apply Now’ or
‘Quick Apply’ buttons; or
c. When you opt-in to
the resume database.
When an account is
automatically created for you, you will receive an email with your user name
(which is usually your email address) and a link to reset your password.
Whether or not you choose to reset your password, the account will exist under
your email address and the resume associated with the action you took (e.g.,
applying for a job, signing-up for job alerts, etc.), will be connected with
that account. So, before applying to a Job Advertisement, please ensure that
your resume is up-to-date so that employers receive the most recent information
about you.
If you do not wish
to have a Puffy account, please contact support@puffy.co.za or go to your
account settings and close your account.
D. Job Alerts
You can manually
sign up to receive job alerts by email/or SMS. In addition to a manual sign up,
if you apply to Job Advertisements on a Puffy website and/or create an account,
you also consent to receiving email job alerts based on the type of role you
selected. You can sign up for job alerts via SMS in a number of ways including
by entering your telephone number in the Mobile Alerts section of your User
Account. You can edit or change the type of job alerts want to receive by
accessing the Job Alerts tab in your User account. You may opt out of job
alerts by clicking on the unsubscribe link in your job alert email or by following
the instructions in your SMS alert. You can also contact our Customer Service
team at support@puffy.co.za, if you need assistance.
E. Resume Database
Puffy has a feature
which permits job seekers to include their resume/CV and other applicable
information in a resume database (the, "Resume Database")
to be stored on the service and potentially to be accessed by employers.
You may elect to
make your resume/CV private and not add it to the Resume Database. If you make
your resume/CV ‘public,’ it will be (i) added it to
the Resume Database, (ii) available to be viewed or downloaded by any persons
or entities that have access rights to the Resume Database, and (iii) visible
in whole or in part via search engine results.
If you have added
your resume/CV to the Resume Database, you consent to Puffy matching words,
skills, or certifications that are present or implied in your resume or other
application materials to words, skills, or certifications present or implied in
a Job Advertisement or an employer’s or recruiter’s search of terms, and if
there are any matches, to present matching resumes/CVs to the applicable
employer or recruiter and to send information to you about Job Advertisements
that may be of interest to you.
If you submit a
resume/CV, you acknowledge that we may 'parse' the resume and other applicable
information into another format to create a profile view and/or enable
searchable text for a Company; the Company will also be able to see your resume
in the form in which you originally submitted it to Puffy.
You can opt-out of
including your resume/CV in the Resume Database and public visibility at any
time by adjusting the settings in your account and we will remove your
resume/CV from the Resume Database and disable visibility to search engines as
soon as reasonably practicable. However, if an entity has already accessed your
resume/CV through the Resume Database or search engines and copied or saved
your resume, that entity will continue to have access to your resume/CV and all
information you included in your resume/CV.
F. Interactions
with Other Users; Scams; Confidentiality
You are solely
responsible for your interactions with Users whom you contact or who contact
you. Note: there are risks, including, but not limited to, the risk of physical
harm, that may arise when dealing with strangers, including persons who may be
acting under false pretenses. You should therefore
use caution with regard to the information you elect to share as part of your
User Profile or Job Application or resume/CV that. Only list the
contact information that you are comfortable disclosing to Clients and other
Users of the Services.
In addition to
carefully reviewing this section and Section 3 above, you should conduct your
own due diligence on potential employers and Job Advertisements that may be of
interest to you. As mentioned in Section 3, Puffy does not authenticate Users
or guarantee that a Job Advertisement is suitable, legitimate or real. If you
are concerned about any particular communication you have received from a
potential employer (either because it’s unsolicited or you received the
communication in response to your Job Application), or if you are concerned
about any particular Job Advertisement you find on Puffy, or if you find a Job
Advertisement that is fake or fraudulent, you should do the following:
a.
Contact Puffy immediately at trustandsafety@puffy.co.za and do not
respond to the sender of the communication; and concurrently,
b. Conduct your own
Internet search of the company and the person who emailed you.
i.
Many scammers use the names of legitimate companies to defraud job seekers.
So, look up the email of the human resources department and/or recruiting
department of the company that is purporting to contact you about the job, and
ask them to verify that the person who contacted you is actually connected with
the company. If the email address of the person contacting you doesn’t include
the name of the company, that should also alert you to conduct further checks.
ii.
An Internet search may alert you to complaints about the individual
and/or the company concerned because it’s likely that you aren’t the first
person that has been ‘scammed’. There may be online forums that warn people
about potentially fraudulent job advertisements.
c. If you discover
that an email received is connected to a fake or fraudulent Job Advertisement,
you should send that email to email provider that hosts the scammer’s email
address and request that the account be closed. Some of the more common fraud
departments are:
·
Yahoo: mail-abuse@cc.yahoo-inc.com
·
Google: abuse@googlemail.com
d. If you have already
disclosed your bank details or received funds into your account you should
contact your bank immediately to stop any transactions and ask their advice
regarding next steps.
Remember, if the job or the job offer sounds too good to be true, you need to be
extra vigilant and conduct your own checks before responding to any
communication or taking any action.
The following is
a non-exhaustive list of red flags that should alert you to
check whether a communication is legitimate and/or whether any particular Job
Advertisement is fake or fraudulent ("Scam"). But, this list doesn’t cover every scenario; it’s merely
intended to highlight some of the more common Scams. For more information, you
should visit the websites listed above. Be on the alert:
i.If you’re offered a
job soon after submitting your resume/CV, without having to go through an
interview or other usual hiring process. Usually, when you apply for a vacancy,
you expect to wait a few days or weeks to hear back, and then go through a
hiring and interview process. Scams will offer you the job almost immediately;
ii.
If the ‘employer’ claims that they found your resume/CV on a website and
offers you the job immediately;
iii.
If the ‘employer’ sends you a check (to cover your initial salary or buy
equipment for example), and asks you to deposit the check in your bank account
and send them a check for some smaller amount. In addition to contacting Puffy,
you should take the check and any records of the communication to your local
Police Department and file a police report;
iv.
If the ‘employer’ requires you to spend money on training or materials;
v.
If the ‘employer’ asks you for personal details and/or financial details
that you didn’t include in your resume/CV. The requested information may be
your bank details or your birth date, passport number or copy of your passport,
social security number, etc. This type of information isn’t typically required
until you’ve gone through a hiring process including a formal interview,
possibly met the employer in person, and receive a formal offer letter or
contract of employment;
vi.
If the email or other communication from the ‘employer’, contains
misspellings, grammatical errors, is badly written or disjointed, and/or
contains exclamation marks and words or sentences in capital letters, and/or
requires you to accept the job offer immediately;
vii.
If you applied for a role that is less senior to the one that is offered
to you or offers a salary that is more than you would expect for the role you
applied to; or
viii.
If a Job Advertisement provides a lot of detail about a role but very
little information about the type of candidate that is desired.
Additionally,
although Puffy requests that companies maintain the confidentiality of the Job
Applications and resumes/CVs they receive through the Services, Puffy cannot
and does not guarantee that the information you provide will be held in
confidence or properly secured by the applicable recipient.
ADDITIONAL TERMS THAT APPLY TO PROVIDERS OF JOB ADVERTISEMENTS
A. Content Rules
With respect to all
Job Advertisements that you submit, make available, provide, post or
distribute, whether on your own behalf or on behalf of a third party, in
addition to the other requirements in this Agreement, you represent and warrant
that (i) the content of Job Advertisements (whether
owned by you or your clients), will comply with advertising standards and
applicable laws; (ii) you have the necessary rights to permit the publication
and use of Job Advertisements by Puffy pursuant to this Agreement; (iii) the
use, reproduction, distribution or transmission of Job Advertisements will not
violate any applicable laws or any rights of any third parties, including, but
not limited to, infringement of any copyright, trademark, or other proprietary
right, false advertising, defamation, any other right of any person or entity;
(iv) the content of Job Advertisements shall comply with the then-current
versions of this Agreement and Job Posting Rules (referenced below); and (v),
you have the authority to grant permission to Puffy to wrap or collect Job
Advertisements from applicable websites if necessary, to include in
distributions and any such wrapping will not cause Puffy to violate the rights
of any third party. You understand and agree that you are solely responsible
for any liability arising out of publication of Job Advertisements or material
to which users can link though such Job Advertisements. You agree to indemnify
and hold Puffy and its subsidiaries, and their respective officers, directors,
employees, and agents harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including attorneys' fees and costs)
arising out of or in connection with Job Advertisements provided by you or any
other content provided by you, or your breach of this Agreement.
You agree not to
post or promote any Job Advertisements that: contain inaccurate, false, or
misleading information; contain "hidden" keywords or keywords that are
irrelevant to the job opportunity being presented; sell, promote or advertise
products or services; endorse a particular political party, political agenda,
or political position or promote a particular religion; except where allowed by
applicable law, require the applicant to provide information relating to
his/her (i) racial or ethnic origin (ii) political
beliefs (iii) religious beliefs (iv) membership of a trade union (v) physical
or mental health (vi) sexual life (vii) the commission of criminal offences or
proceedings or (vii) age; contain content or links to content that exploit
people in a sexual, violent or other manner, or solicits personal information
from anyone under the age of 13; includes any screening requirement or criteria
where such requirement or criteria is not a bona fide occupational requirement
for the role; involves any franchise, pyramid scheme, "club
membership", distributorship, or multi-level marketing opportunity or
requires recruitment of other members, sub-distributors or sub-agents; requires
applicants to pay to apply, pay for training, pay for training materials, or
pay for samples; contain content that violates applicable laws; pays
commissions only (except for postings that make clear that the available job
pays commission only and clearly describes the product or service that the Job
Seeker would be selling, in which case such Job Advertisements are
permissible); requires citizenship or lawful permanent residence in a country
unless that is required in order to comply with law, regulation, or a federal,
state or local government contract; contain links to any site competitive with
Puffy other than to an actual job posting; or do not otherwise comply with the
then-current Job Rules (currently available at https://www.Puffy.com/job-rules) (collectively, "Job
Posting Rules").
Additionally, Job Advertisements
must comply with applicable local, national and international laws, and
regulations including, but not limited to, those relating to labour and
employment, and anti-discrimination (or the equivalent in the country that the
Job Advertisements are made available, posted or distributed).
B. Distribution of
Advertisements and with Access to the Resume Database
Puffy will make reasonable efforts to distribute Job Advertisements to
third-party services, publishers, job boards and/or other entities in our
distribution network, or in job alert emails and texts (where a Job Seeker has
opted-in to receive such alerts) (collectively, "Distribution
Channels"). However, you acknowledge and accept that we have no
control over the Distribution Channels or communication networks, and therefore
we provide no guarantee that your Job Advertisements will actually be delivered
over the Internet or via communication networks, be accepted by an entity in
the Distribution Channels or be received and/or read by a Job Seeker. You
accept that entities in the Distribution Channels have no obligation to use or
display a Job Advertisement and may reject a Job Advertisement for any reason
or no reason. You agree that Puffy is not liable to you or any third party if
your Job Advertisement is rejected or not posted, and you will not be entitled
to any refund for Job Advertisements not posted or distributed. By submitting a
Job Advertisement, you give us permission to distribute that Job Advertisement
in the Distribution Channels and on Puffy websites.
We make no guarantee as to the number or quality of candidates that you
will receive as a result of your Job Advertisement. You are solely responsible
for interviewing, performing background and reference checks on, verifying
information provided by, and selecting an appropriate candidate. In certain
cases, entities in the Distribution Channels may require that you agree to
additional service policies in order to allow your Job Advertisement to be
distributed on or via their services, and you hereby agree to such additional
service policies as they apply to the distribution of your Job Advertisements.
C. Authorized Users
You are responsible
for all activity, acts or omissions of any person or entity that is able to
access the Services under your account. Additionally, you agree that: log-in
credentials and account information will not be shared with third parties; (ii)
you will not sell or sublicense access to your account or the Services; (iii)
you will not charge, or receive payment, in cash or in kind, from any
individual or entity for use of, or access to, any portion of the Services;
(iv) you will ensure that Authorized Users comply with this Agreement and any
other Specific Terms of Service or other agreement that you have with Puffy;
(v) you will promptly notify Puffy of any suspected or alleged violation of
this Agreement including any unauthorized use of any password or account
information, or any other known or suspected breach of security; and (vi) you
will cooperate with Puffy with respect to investigation of any suspected or
alleged violation of this Agreement and any action by Puffy to enforce this
Agreement. Puffy may suspend, limit, condition, or terminate an Authorized
User's access to the Services or any features thereof, in the event that Puffy
reasonably determines that such Authorized User has violated this Agreement or
appears likely to do so.
D. Removal of
Advertisements
You acknowledge and
agree that Puffy may, with no liability or penalty, remove any Job
Advertisement or other content, communication or information posted, which in
the sole judgment of Puffy, violates or may violate this Agreement, applicable
laws, rules or regulations, or third party terms; or may adversely affect
Puffy; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene,
pornographic, disruptive, threatening, abusive or illegal; or which may violate
or lead to the violation of the rights of, or harms or threatens the safety and
privacy of any third party.
E. Resume Database
If your
Subscription Plan includes access to the Resume Database, then subject to the
terms and conditions of this Agreement, Puffy hereby grants you a limited,
revocable, non-transferable, non-sublicensable, non-exclusive right to access
the Resume Database for the limited purpose of viewing and/or downloading the
number of resumes/CVs for the sole purpose of seeking employment candidates for
legitimate employment opportunities. You shall not use automated computer
programs or software to download resumes/CV or to extract Data (defined below),
and shall not resell or sub-license access to the Resume Database or any resume
(including Data). You further agree that you shall not use the Resume Database
or its contents to market or sell products or services to the data subjects
whose resumes comprise the Resume Database. References to "resume" or
"CV" as used herein, will include curriculum vitae, profile,
references, recommendations, and other similar written overviews or assessments
of a person's experience and qualifications. Notwithstanding anything to the
contrary in this Agreement, Puffy reserves the right to limit the amount of
information (including resume views and downloads), that may be accessed in any
time period to mitigate any overload to the Services or in response to any
abuse of the Services. The Resume Database shall not be used in any manner that
adversely affects Puffy business, imposes an unreasonable or disproportionately
large load on Puffy infrastructure, or interferes with the ability of others to
access the Resume Database. Puffy reserves the right to suspend or terminate
access to the Resume Database or terminate the Agreement in the event of any
non-compliance with the Agreement or any other agreement you have with Puffy.
You shall remain primarily responsible for ensuring that Authorized Users
comply with the terms of this Agreement. If a Job Seeker opts out of the Resume
Database at any time, Puffy reserves the right to block access to, and/or
remove, the Job Seeker’s resume/CV from the Resume Database. You accept that
Puffy does not verify whether any telephone number contained within a resume/CV
is a landline or a cell phone number, and it is your responsibility to ensure
that any communication with the data subject of the resume/CV is in compliance
with applicable laws related to telephone calls, automated dialing,
SMS, spam, fax, and unsolicited communications.
You represent,
warrant and promise that: (i) you will use the Resume
Database and the personal information contained within resumes/CVs
(collectively, "Data"), in accordance with applicable
communication, privacy and data protection laws; (ii) you shall not further
disclose any Data from Resume Database to a third party, unless you are an
authorized recruitment agency, staffing agency, or job advertising agency
acting on behalf of a client, and you are accessing the resumes/CVs to source
candidates on behalf of your clients for legitimate employment purposes, and
such disclosure falls within the scope of the appropriate Subscription Plan for
the Services; (iii) you will implement appropriate physical, technical, and
administrative measures to protect Data obtained from the Resume Database from
loss, misuse, unauthorized access, disclosure, alteration or destruction, and
you will notify Puffy immediately in the event of any suspected or actual
unauthorized access or disclosure of resumes/CVs; (iv) Authorized Users shall
not share login credentials with any other party; (v) you will not use the
contact information from resumes/CVs to send unsolicited mail, e-mails, phone
calls, SMS, or faxes regarding promotions and/or advertising of your or a third
party’s products or services, or to contact or source job seekers for careers
fairs and business opportunities; and (vi) you will respect the privacy choices
of Job Seekers.
Puffy makes no
representations or warranties regarding any content provided or generated by
third parties, including, without limitation, resumes/CVs. You accept that
Puffy acts as a passive conduit for receipt of resumes/CVs and has no
obligation to screen resumes/CVs, verify the identity of the person submitting
a resume/CV, or verify the accuracy of the data or content contained in
resumes/CV. It is your responsibility to conduct due diligence as regards the
individual job seeker-subject of each resume/CV. We do not guarantee any
response or the number of responses to your Job Advertisements or that any
responses will be from individuals suitable for the job vacancy you advertised.
It is your responsibility to carry out such checks and procedures as are
necessary to ensure that individuals who respond to your Job Advertisements
have the required qualifications to meet your requirements.
F. Job Seekers
Puffy may inform
Job Seekers that you have taken an action with respect to a resume/CV or a Job
Application. You agree to deal fairly and professionally with individuals who
may respond to your Job Advertisement and agree to indemnify us from and
against any claim brought by an individual against Puffy arising from your
breach of this Agreement or any other agreement you have with Puffy.
G. Data Protection.
You agree to
implement appropriate physical, technical, organizational, and administrative
measures (a) to prevent unauthorized or unlawful processing of any Personal
Data; for the purposes of this Agreement, ‘Personal Data' means data which
relates to a living individual who can be identified (i)
from such data, or (ii) from such data together with other information which is
in your possession or is likely to come into your possession; (b) to protect
Personal Data against accidental loss, destruction or damage; (c) to include
taking reasonable steps to ensure the reliability of the personnel having
access to the Personal Data; and (d) having regard to the state of
technological development and the cost of implementing those measures so as to
ensure a level of security appropriate to: (i) the
harm that may result from breach of those measures; and (ii) the nature of the
Personal Data to be protected. You agree to comply with applicable data
protection and privacy laws and regulations in applicable jurisdictions
particularly as they relate to your operations and the residency of the
applicable data subjects. You further agree to indemnify, hold harmless, and
defend Puffy at your own expense against all costs, claims, damages or expenses
incurred by Puffy for which we may become liable due to any failure by you or
your personnel or agents to comply with any of your obligations under this
section and applicable data protection and privacy laws and regulations.
Your personal data
will be collected and processed by Puffy in accordance with our Privacy Policy (Read our Privacy Policy here). The personal data collected may include, without limitation, your
name, address, telephone and email address and other data obtained from you
from time to time.
Unfortunately, the
transmission of information over the Internet is not completely secure and we
cannot, therefore, guarantee that unauthorized third parties will never be able
to defeat our security measures or use your personal information for improper
purposes. You acknowledge that you provide your personal information at your
own risk.
A. DMCA Notice
Procedure
It is the policy of
Puffy to respond to alleged infringement notices that comply with the Digital
Millennium Copyright Act of 1998 ("DMCA").
If you believe that
your copyrighted work has been copied in a way that constitutes copyright
infringement and is accessible via the Services, please notify the Puffy
copyright agent as set forth below. For your complaint to be valid under the
DMCA, you must provide the following information in writing:
1. An electronic or
physical signature of a person authorized to act on behalf of the copyright
owner;
2. Identification of
the copyrighted work that you claim has been infringed;
3. Identification of the
material that is claimed to be infringing and provide a link (where available)
to where it is located on the Services;
4. Information
reasonably sufficient to permit Puffy to contact you, such as your address,
telephone number, and, e-mail address;
5. A statement that
you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made
under penalty of perjury, that the above information is accurate, and that you
are the copyright owner or are authorized to act on behalf of the owner.
The above
information must be submitted to the following Email: legal@puffy.co.za
UNDER FEDERAL LAW,
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE
SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with
the DMCA and other applicable law, Puffy has adopted a policy of terminating,
in appropriate circumstances, the accounts of Users who are deemed to be repeat
infringers. Puffy may also at its sole discretion limit access to the Services
and/or terminate the accounts of any Users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
THIRD-PARTY LINKS AND SERVICES
The Services may
contain links to third-party websites, advertisers, products, services, or
other events or activities that are not owned or controlled by Puffy (collectively, "Third-Party(ies)"). Puffy does not endorse or assume any
responsibility for any such Third-Party sites, information, materials,
products, or services. If you access a Third-Party website from the Services or
use a Third-Party service, you do so at your own risk, and you understand that
this Agreement and the Puffy Privacy Policy do not apply to your use of such
Third-Party sites or services. You expressly relieve Puffy from any and all
liability arising from your use of any Third-Party website, service, or
content. Additionally, your dealings with or participation in promotions of
advertisers found on the Services, including payment and delivery of goods, and
any other terms (such as warranties) are solely between you and such
advertisers. You agree that Puffy shall not be responsible for any loss or
damage of any sort relating to your dealings with such advertisers.
To the maximum
extent permitted by applicable law, you agree to defend, indemnify and hold
harmless Puffy and its subsidiaries, and their respective directors, officers,
board members, employees, agents, successors and assigns, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to all legal fees and expenses) arising
from: (i) your use of and access to the Services,
including any data or content transmitted or received by you; (ii) your
violation of any term of this Agreement and any other agreement that you have
with Puffy, including without limitation your breach of any of the
representations and warranties herein; (iii) your violation of any third-party
rights, including without limitation any right of privacy or Intellectual
Property Rights; (iv) your violation of any applicable law, rule or regulation,
including, without limitation, and any applicable data protection laws; (v) any
claims or damages that arise as a result of your User Content; (vi) any other
party's access and use of the Services with your account or log-in information;
and/or (vii) your intentional or willful misconduct,
or negligence.
A. Disclaimer of
Warranties
EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, PUFFY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES,
CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUFFY, ITS
EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, TERM
OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO
NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS
ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES
WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN
OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM
SUCH CONTENT OR YOUR USE OF THE SERVICES.
B. Universal
Disclaimer
PUFFY DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED WEBSITE OR SERVICE, AND PUFFY WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES.
PUFFY DOES NOT
WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH
ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
(A) TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN
THIS AGREEMENT, IN NO EVENT SHALL PUFFY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE
BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS,
BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH
OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; (II), LOSS
OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO
USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL PUFFY BE RESPONSIBLE FOR ANY
DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED
ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN.
(B) TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, PUFFY ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR
SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV)
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER
CONTENT OR (VIII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR
THIRD PARTY.
(C) IN NO EVENT
SHALL PUFFY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT
EXCEEDING THE AMOUNT YOU PAID TO PUFFY IN THE 3 MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
(D) THIS LIMITATION
OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY
OTHER BASIS AND EVEN IF PUFFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
A. Assignment
This Agreement
shall be personal to you and you may not assign, transfer, sublet, lease or
delegate all or any of your rights and obligations, without the prior written
consent of the General Counsel of Puffy or his/her designee. Puffy can assign
this Agreement or delegate its obligations without restriction.
B. Relationship of
the Parties
Nothing in this
Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other.
Neither party shall have, or hold itself out to any third party as having any
authority to make any statements, representations or commitments of any kind,
or to take any action, that shall be binding on the other, except as provided
for herein or authorized in writing by the party to be bound.
Except as set out
in this Agreement, only you and Puffy may enforce this Agreement as this
contract is between you and Puffy; no other party shall be entitled to enforce
the terms of this Agreement.
C. Notification
Procedures
Puffy may provide
notifications, whether such notifications are required by law or are for
marketing or other business-related purposes, to you via email notice, written
or hard copy notice, or through conspicuous posting of such notice on our
websites, as determined by Puffy in its sole discretion. Puffy reserves the
right to determine the form and means of providing notifications to Users,
provided that you may opt out of certain means of notification as described in
this Agreement. Puffy is not responsible for any automatic filtering you or
your network provider may apply to email notifications we send to the email
address you provide us. We recommend that you add info@puffy.co.za to your email address book to
help ensure you receive email notifications from us.
D. Entire Agreement
This Agreement,
together with any amendments and any additional agreements you may enter into with
Puffy in connection with the Services, shall constitute the entire agreement
and understanding between you and Puffy concerning the Services. You
acknowledge and agree that you have not relied upon any statement, promise or
representation made or given by or on behalf of Puffy, which is not set out in
this Agreement or any document expressly referred to herein.
E. Compliance with
Laws
You agree to comply
with all applicable laws, regulations and ordinances in the use of the Services
and the conduct of your activities.
F. Confidentiality
Pursuant to your
use of the Services, you may receive information or be exposed to features and
functionality that are not known or available to the general public, including,
but not limited to, login credentials, technology, API Keys, dashboards,
widgets, insertion codes, and guidelines and documentation relating to the
Services ("Confidential Information"). You agree that: (a) all
Confidential Information will remain the exclusive property of Puffy; (b) you
will use Confidential Information only as is necessary for your use of the
Services and in accordance with this Agreement; (c) you will not disclose
Confidential Information to any third party; and (d) you will take all
reasonable measures to protect the Confidential Information against any use or
disclosure that is not expressly permitted in this Agreement. You further agree
not to share with, or otherwise disclose to, any third party, log-in
credentials or any other mechanism that permits access to the Services or any
other non-public area of the Puffy websites.
G. Equitable Relief
You acknowledge
that a breach by you of any confidentiality or proprietary rights provision of
this Agreement may cause Puffy irreparable damage, for which the award of
damages would not be adequate compensation. Consequently, Puffy may institute
an action to enjoin you from any acts in violation of those provisions, which
remedy shall be cumulative and not exclusive, and additionally, Puffy may seek
the entry of an injunction enjoining any breach or threatened breach of those
provisions, in addition to any other relief to which we may be entitled at law
or in equity.
H. No Publicity.
You shall not publicly disclose, issue any press
release nor make any other public statement, nor otherwise communicate with the
media, concerning the existence of this Agreement or the subject matter hereof,
or the relationship with us without the prior written approval of our legal
department. You further agree not to misrepresent or embellish your
relationship with us. You agree to refer any inquiry that you receive from the
media or other third parties, concerning this Agreement, the Services, and/or
Puffy, to our legal department at: legal@puffy.co.za.
I. Electronic
Contracting.
Your use of the Services includes the ability to
enter into agreements and/or to make transactions electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY THIS AGREEMENT, AND THAT YOUR INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU
ENTER INTO ON ANY PUFFY WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.
J. Miscellaneous.
Any waiver of any
provision of this Agreement will be effective only if in writing and signed by
Puffy. No failure by Puffy to exercise, or to delay in exercising, any rights
hereunder shall operate as a waiver hereof, nor shall any single or partial
exercise of any right hereunder by Puffy preclude any other or future exercise
of that right or any other right hereunder by Puffy. If any provision of this
Agreement is held invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any
other provision and such invalid provision shall be deemed to be severed from
this Agreement.
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