Terms and Conditions of Use of the Payroll Vibes website

1. This Payroll Vibes website (hereafter “website”).
2. In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these Terms and Conditions of Use (hereafter "T&Cs") are binding and enforceable against all User/Clients’ that access the website or any part thereof or make use of any of website services or products.
3. If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and terminate use of the website. Any delay in leaving and terminating use of the website shall be regarded as the User/Clients’ full and unconditional understanding and acceptance of these T&C’s.
4. Use of the website is also subject to any additional enrolments, agreements, policies or guidelines posted on the website from time to time.

1. Definitions and Interpretations

1. In these T&C’s, unless the context indicates that some other meaning is intended: –
   1. "User/Client" means – a natural or juristic person who completes the new client sign-up form or utilises the services of Payroll Vibes as listed on the website;
   2. "Services" means – the professional services as outlined on the website referred to as "services" or "portals" and shall include without limitation consultations;
   3. "Products" means – the products as outlined on the website referred to as "products" or part of "services" or "portals" or "tools" or "merchandise";
   4. "User/Client" means – a natural or juristic person who contemplates completing the new client sign-up form or utilises the services of Payroll Vibes as listed on the website or utilises website in any form;
   5. "Payroll Vibes" means – the registered company, a limited liability company trading as Payroll Vibes and incorporated in terms of the laws of the Republic of South Africa; and
   6. "Website" means – http://payrollvibes.co.za website, portal, mobi-site or any other such application as may be available in the future and if inferred from the context, may also include any other website or part thereof, accessed through a link to the website or portal and shall include, but is not limited to, social media websites such as Facebook, LinkedIn, Twitter, Instagram or any such site or any associated hyperlink.
2. any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
3. references herein to the singular include the plural and vice versa; and
4. hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these T&C’s.

2. Automated Access

1. Other than bona fide public search engines, the User/Client may not access any pages on the Payroll Vibes website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.

3. Alteration to T&C's

1. Payroll Vibes reserves the right to alter these T&C’s at any time, and will in the case of a material change, post a notification that the T&C’s have changed on the website. The User/Client will be responsible for reviewing any such changes each time the User/Client accesses the website and their continued use of the website after the changes have been posted to the website shall constitute an unconditional acceptance of the T&C’s as amended.

4. Age Restrictions

1. The Payroll Vibes website is not available for any person under the age of eighteen (18) without the parents/guardian’s consent. If you are under eighteen (18) years old, your parent or guardian is required to consent to your use of this website and shall be required to accept these terms on your behalf.
2. Accordingly, Payroll Vibes is indemnified from any and all liability in this regard, including any liability arising as a result of your failure, or someone acting on your behalf, to provide accurate information in this regard when required to do so through the use of this website.

5. Prohibited Content and Practices

1. It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of South Africa, particularly content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, content violating intellectual property rights, content considered as unauthorised disclosure of personal data or as violation of the right of privacy of User/Clients’ or third parties, as well as any other content which may cause damage to Payroll Vibes, other User/Clients’ or third parties (“Prohibited Content”).
2. It is not allowed (hereinafter “Prohibited Practices”) to: –
   1. use the website in a manner which may cause damage to Payroll Vibes, other User/Clients’ or any third party;
   2. publish, upload, exchange or transmit prohibited content;
   3. publish, upload, exchange or transmit any content that the User/Client knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to Payroll Vibes, other User/Clients’ or third parties;
   4. for any User/Client misrepresenting him/herself for the purpose of deceiving Payroll Vibes, other User/Clients’ or third parties;
   5. publish, upload, exchange or transmit to Payroll Vibes, other User/Clients’ or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
   6. purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the website, cause damage or destruction of any computer program, or any computer and other equipment owned by Payroll Vibes, other User/Clients’ or third parties;
   7. collect, process or use personal data of the User/Clients’ or third parties in an unauthorised manner;
   8. engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
3. User/Clients’ or third parties shall be legally liable for failure to comply with the provisions of these T&C’s related to prohibited practices and/or prohibited content, particularly for possible damage caused by such actions to Payroll Vibes, other User/Clients’ and/or third parties.
4. Payroll Vibes reserves the right, but does not assume the obligation, to cancel the account of a User/Client as a result of the User/Clients’ prohibited practices or other unlawful behaviour, or any violation of these T&C’s that Payroll Vibes assesses as grave, without prior notice and without explanation, according to our own assessment or information provided by any User/Client or third party.
5. In consequence of the above, Payroll Vibes cannot be held responsible for possible damage incurred to the User/Client, other User/Clients’ or third parties, caused by prohibited practices

Information on Payroll Vibes Website

1. Information, ideas and opinions expressed on the website should not be regarded as professional advice or the official opinion of Payroll Vibes.
2. The User/Client must seek advice prior to taking any action based on the contents of this website.
3. Payroll Vibes has not determined that the website content is suitable for any particular purpose and/or for a User/Client whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the website content or its subject matter.
4. The User/Client should not rely on the website content for professional advice (including, but not limited to business, financial, investment, trading, or other advice) or as a basis for any investment, transactional or similar decisions the User/Client make or which are made on your behalf without first consulting with the Users/Clients preferred professional or business advisors (who may include their attorney, tax, accounting and investment advisors).
5. No information or data on this website is an offer to do business (which upon acceptance by the User/Client will constitute a contract), but is merely an invitation to do business.
6. No agreements shall be concluded merely by sending a data message to this website or its owners.
7. Valid agreements require an acknowledgement of receipt of an offer, duly received from Payroll Vibes.

7. Availability, Errors and Inaccuracies

1. Payroll Vibes endeavours to ensure that the Website is normally available twenty-four (24) hours a day.
2. Access to the website site may be suspended temporarily and without notice and the User/Client acknowledges and accepts that the website may become unavailable from time to time due to various circumstances, ("including: technical failure or problems with the website; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances") beyond the control of Payroll Vibes, in which case there shall be no claim whatsoever arising against Payroll Vibes.
3. Payroll Vibes cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, legal advice, availability, and services.
4. Payroll Vibes’ right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.

8. User-Generated Content and Conduct

1. Any use of User-Generated Content by User/Clients’ other than for private, non-commercial research or study is strictly prohibited.
2. User/Clients’ are prohibited from posting or transmitting to or from the website, including Payroll Vibes‘ Facebook, Twitter, LinkedIn, Instagram and other social networking media, any material: –
   1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
   2. for which you, the User/Client, have not obtained all necessary licences and/or approvals; or
   3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
   4. which is technically harmful (including (but not limited to) computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data (together “Inappropriate User-Generated Content”));
3. Payroll Vibes shall fully co-operate with any law enforcement authorities or court order requesting or directing Payroll Vibes to disclose or identify or locate any User/Client posting any Inappropriate User-Generated Content.
4. Payroll Vibes accepts no responsibility for actively monitoring any forums, such as, but not limited to Facebook, Twitter, LinkedIn, Instagram and any such other forums as may come into existence, contained in the site for Inappropriate User-Generated Content.
5. The User/Client agree that Payroll Vibes accepts no liability whatsoever, if Payroll Vibes so choose from time to time to edit, restrict or remove the User-Generated Content.

9. Client Zones and Portals

9.1. Recruitment Portal

1. The job posting, Curriculum Vitae (CV) database and other features of the website may be used only by individuals seeking employment and/or career information and by employers seeking employees.
2. In addition, the website may be used by you, the User/Client, for permitted professional and personal networking purposes.
3. The User/Clients’ use of the services is also subject to any other contracts that might be in effect with Payroll Vibes.
4. In the case of any conflict between these terms and any contract with Payroll Vibes, the terms of the contract will prevail.
5. The term “post” as used herein shall mean information that User/Clients’ submit, publish or display on the website.
6. All Payroll Vibes services that facilitate applications for employment are free of charge.
7. The User/Client indemnify Payroll Vibes against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any CV by the User/Client on this website, or any related website.
8. Access to the candidate CV database is available only to Payroll Vibes’ User/Clients’ who have been approved for CV search capabilities and whom Payroll Vibes has issued with privileged access codes to search this database.
9. User/Clients’ may access the candidate CV database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the User/Clients’ current vacancy advertisements with Payroll Vibes.
10. While Payroll Vibes will make every effort to ensure that its User/Clients’ adhere to this undertaking, you indemnify Payroll Vibes against wrongful conduct, of any kind, by User/Clients’.
11. The User/Client agree to present yourself truthfully in your CV on the Payroll Vibes website.
12. The User/Client are prohibited from posting any CV for any job on behalf of another party.
13. Payroll Vibes makes every effort to deliver applications to vacancies in the shortest possible time.
14. The User/Client will however not hold Payroll Vibes liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment.
15. The User/Client are prohibited from sharing any login credentials to the Payroll Vibes website with a third party.

Expansions

*** Please Note: This sections to be concluded upon official launch of the client zone and/or portals.

10. Training from the Payroll Vibes Website

1. To be concluded upon official launch of the online training portal.

11. Purchases from the Payroll Vibes Website

1. To be concluded upon official launch of the online shopping portal.

12. Interactive Online Portals

1. The access and use of any chatroom, newsgroup, bulletin board, mailing list, transaction or other online forum available on the Payroll Vibes , shall be governed by the guidelines for Online Conduct (see Section 17 below) in these T&C’s.

13. Electronic Communications

1. Any communication or material the User/Client transmits to Payroll Vibes by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by Payroll Vibes unless expressly agreed otherwise in writing.
2. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response.
3. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient.
4. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
5. Whilst Payroll Vibes employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free.
6. The User/Client is accordingly advised to employ their own virus scanning tools.
7. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.

14. Intellectual Property Rights

1. The full contents of the Payroll Vibes website is copyright-protected.
2. All intellectual property on the Payroll Vibes website and online products, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Payroll Vibes and as such, are protected from infringement by domestic and international legislation and/or treaties.
3. Subject to the rights provided to the User/Client in these T&C’s, all of the rights to intellectual property on the Payroll Vibes platform, website and online products are expressly and strictly reserved.
4. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part, other than in accordance with the next paragraph is strictly prohibited.
5. Without limiting the generality of the rights granted to the User/Client under applicable intellectual property law, you are granted a non-exclusive, non-transferable, revocable license to: –
   1. access and use this website strictly in accordance with these terms.
   2. to use this website solely for personal, non-commercial and lawful purposes.
   3. to download, copy, print screen, use, save or print out information from the website solely for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
6. All rights, interest and title in intellectual property on the Payroll Vibes website is, and remain, the exclusive property of Payroll Vibes, and any unlawful or unauthorised use, modification, alteration, on-sell or distribution, is punishable by law.

15. Indemnity and Warranties

1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Payroll Vibes shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website, or third-party website accessed through this website. Furthermore, Payroll Vibes make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted and error free.
2. Payroll Vibes, or any other party (whether or not involved in creating, producing, maintaining or delivering the website or the portals), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to the User/Client or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise, in connection with the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the website (including the User-Generated Content).
3. Websites linked to the Payroll Vibes website or the material on such websites, including but not limited to loss or damage due to viruses that may infect the User/Clients’ computer equipment, software, data or other property on account of the User/Clients’ access to, use of, or browsing the website (including the User-Generated Content) or the User/Client downloading of any material from the website site (including the User-Generated Content) or any websites linked to the Payroll Vibes website.
4. The User/Client agree to keep Payroll Vibes and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Payroll Vibes as a result of an actual or alleged breach by the User/Client of any law, or such other actions or claims brought in relation to the provision of services by Payroll Vibes to the User/Client.
5. As a condition of the User/Clients’ use of the website, the User/Client hereby indemnifies Payroll Vibes where there is no consultation time prior to using any website content.
6. Use of the platform or website or the information contained thereon is entirely at the User/Clients’ own risk and accepts full responsibility for all risks that may result from the use of the website. Payroll Vibes will not be liable for damages of any nature whatsoever which may arise out of the use of the website or the information contained thereon.
7. Notwithstanding, anything to the contrary contained above, in no event shall Payroll Vibes, its owners, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: –
   1. any User/Clients’ access to or use of or inability to access or use this website;
   2. any conduct or content of any third party on the website;
   3. any content obtained from the website; and
   4. any unauthorised access, use or alteration of the User/Clients’ transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether Payroll Vibes have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. The User/Clients’ make use of the website at their own sole risk.
9. The website is provided on an “AS IS” and “AS AVAILABLE” basis and has not been compiled or supplied with the intention of meeting the User/Clients’ individual requirements. It is the User/Clients’ sole responsibility, as User/Client, to satisfy yourself, prior to making use of this website, that the service available from and through this website will meet the User/Clients’ individual requirements and be compatible with your hardware and/or software.
10. The website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11. Payroll Vibes has taken all commercially reasonable measures to ensure the integrity of the website and no warranty is given that any material downloaded from the website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of the User/Clients’ computer system.

16. Links To and From other Websites

1. User/Clients’ may not create a link to this Website from a third-party website or document without prior written consent from Payroll Vibes.
2. If the User/Client would like to link to the website and have permission to do so, the User/Client may only do so on the basis that the User/Client link to, but do not replicate, any page of the website, and subject to the following conditions:–
   1. the User/Client do not remove, distort or otherwise alter the size or appearance of Payroll Vibes logo or any of its related subsidiaries;
   2. the User/Client do not in any way imply that Payroll Vibes are endorsing any products or services other than its own;
   3. the User/Client do not misrepresent the relationship with Payroll Vibes nor present any other false information about Payroll Vibes;
   4. the User/Client do not otherwise use the Payroll Vibes mark displayed on the website without express written permission from Payroll Vibes;
   5. the User/Client do not link from any other website which the User/Client do not have the necessary authority or permission to link from; and
   6. the website the User/Client are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Payroll Vibes or any other person or otherwise does not comply with all applicable laws and regulations.
3. Payroll Vibes expressly reserve the right to revoke the right granted in section 16.2 for breach of these terms and to take any action Payroll Vibes deem appropriate.
4. The User/Client shall fully indemnify Payroll Vibes for any loss or damage suffered by Payroll Vibes or any of its group companies for breach of section 16.2.
5. Payroll Vibes does not make any representation regarding any other websites which may be linked to or accessed through this website and accordingly accepts no responsibility for the content or use of such websites or information contained therein.
6. Payroll Vibes shall not control or supervise content available through the Links and therefore cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.
7. In consequence of the above, Payroll Vibes cannot be held responsible for possible damage caused regarding publishing, removing, or using any link, or relying on any content available via the link.

17. Guidelines for Online Conduct

1. The User/Client agree to use the website in accordance with all applicable laws.
2. Payroll Vibes respect the constitutional right to freedom of speech and encourage robust intellectual debate. The User/Clients’ right to free speech is subject to the provisions of the Constitution.
3. The User/Client agree not to post any advertising or any form of commercial solicitation, including, but not limited to, spamming anywhere on the website.
4. The User/Client agree not to post any content that contains viruses or other harmful items anywhere on the website.
5. Payroll Vibes reserve the right to remove content, block access or take other action which we deem appropriate in the circumstances against any content which violates the above rules and guidelines.
6. If a third-party claims that any material the User/Client have contributed to the website is unlawful, the User/Client will bear the burden of establishing that the material complies with all applicable laws.
7. The User/Client agree that you will not access or attempt to access any other User/Clients’ account or misrepresent or attempt to misrepresent the User/Clients’ identity while using the website.
8. The User/Client agree that you will not restrict or inhibit any other User/Client from using and enjoying the website.
9. The User/Client agree that you are responsible for maintaining the confidentiality of the User/Clients’ account and password, if any, and for restricting access to the User/Clients’ computer, and agree to accept responsibility for all activities that occur under your account or password.
10. Payroll Vibes respect the intellectual property of others. If the User/Client believe your copyright has been violated on the website or link hosted by Payroll Vibes, please contact us immediately. Payroll Vibes will, upon receipt of such notice and confirmation that such copyright has been violated, use all reasonable means to remove the infringing content and inform the User/Client that posted it of such removal and the reason therefor.

18. Data Protection

1. The “User/Client” being a data subject and further, as the duly authorised representative of the said User/Client, hereby acknowledge that Payroll Vibes has been engaged or may possibly be engaged to render or potentially render a wide range of professional services and therefore consent thereto that Payroll Vibes collects, hold, organise, store, use, administer and process the User/Clients’ personal information for this purpose.
2. The personal information (the “information”) in relation to this consent is: –
   1. the User/Clients’ contact – and invoicing details (including email addresses, fax and phone numbers, physical, postal and website addresses VAT and Tax Numbers, banking details).
   2. Furthermore, where applicable FICA documents in terms of the Financial Intelligence Centre Act 38 of 2001 (as amended), the verification of the User/ Client’s details and shall include credit check(s) on the User/Client and key decision-makers.
3. The User/Client acknowledges that it has the right to: –
   1. request a list of the names and addresses of any potential recipients of the information;
   2. to review and correct the Information;
   3. The User/Client acknowledges that information may be requested and shared in terms of its Promotion of Access to Information Act (“PAIA”) Manual; and
   4. to request the return or destruction of the Information once it is no longer required under the engagement with Payroll Vibes or by law.
4. Payroll Vibes undertakes that all personal information will be held securely to the standard directed by the Protection of Personal Information Act 4 of 2013 as amended (the “Act” or “POPIA”) and that it has bound its service providers (“Operators”) to a similar standard as required and prescribed by POPIA.

*** Please view Payroll Vibes privacy statement for more information related to personal data collection

19. Governing Law

1. To the maximum extent possible, the Republic of South Africa law applies to this privacy statement. If any provision of this privacy statement is found to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

20. Changes to the T&C's

1. Any changes Payroll Vibes may make to the T&C's in the future will be posted on this page, where applicable without any notice.