1. Introduction
1.1 The Reach Trust, supported by Nedbank, have produced MoveUp to help first-time job seekers to: learn new skills that improve their employability; build a SmartCV that is accessible anywhere, any time; and to apply for entry-level jobs and other opportunities close to them. MoveUp also helps entry-level recruiters and employers to: post entry-level advertisements in simple steps, easily sort and filter through applications online, view all CVs in a streamlined and standardised format, and to shortlist suitable candidates. With MoveUp our aim is to close the skills gap and unlock personal potential through mobile technology that is easy to access and use. Only persons over the age of 18 are entitled to use the MoveUp platform with the exception of users whose parents have provided consent as part of the Gradesmatch programme.
1.2 The Terms of Use bind you from the moment you register with MoveUp.
2. Product terms and conditions
2.1 In the event of a conflict between the Terms of Use and the terms and conditions of a third party that is involved in rendering MoveUp’s services to you, these Terms of Use will prevail insofar as your relationship with us is concerned.
2.2 We sometimes refer to information that is available outside of MoveUp. It is your responsibility to familiarise yourself with external information.
3. Content & Services
3.1 The content and services on MoveUp is designed to help job-seekers learn new skills and to improve their employability, and also to help entry-level recruiters and employers to find work-seekers. We do not claim that the content is accurate, complete or that it will result in any form of employment.
3.2 We do not accept liability for the information or data on any third party website or service, even if we have included a hyperlink to such information or data on MoveUp.
Provision of Services to Recruiters and Employers who register on MoveUp:
3.3 Recruiters and Employers agree to use MoveUp upon the Terms of Use set out in this Agreement.
3.4 Recruiters and Employers shall not use, or permit the use of MoveUp for any other purpose other than set out herein.
3.5 Recruiters and Employers shall, at all times, comply with the Protection of Personal Information Act 2013 and all subsequent legislation and regulations.
3.6 By making use of MoveUp, Recruiters and Employers agree to comply with the Labour Relations Act and other anti- discrimination legislation applicable in South Africa and MoveUp reserves the right to either reject or remove any job ad from its website, that in its discretion contravenes such legislation.
3.7 The following practices are explicitly prohibited in the use of MoveUp and such use will be in breach of this Agreement.
- Any content or material that is pornographic, discriminatory, defamatory against any user or third party, offensive to any user or group, a violation of a user's or a third party's privacy, identity or personality, oppressive, racist, hate speech, sexist, copyright infringement, advice and / or guidelines on the circumvention of any technical security measures and / or digital rights management technologies, malicious codes, and content containing any personal information of third parties without their express consent and includes hyperlinks or other directions to such content.
- Discriminatory content that is offensive, untrue or provocative material based on race, gender, sex, ethnic or social origin, colour, sexual orientation, pregnancy, marital status age, disability, religion, conscience, belief, culture, language and birth.
- The use of premium rated SMS, fax and phone numbers.
- Job listing and application requests outside of the intended services of MoveUp.
- Harvesting of the MoveUp’s job-seeker database.
4. Password and Security
4.1 In order to use the functionality of MoveUp, a user must first complete the registration process. If a user chooses to login using an account with a third party platform, you give us permission to obtain the information that you have given permission to the third party platform to use to register a MoveUp account.
4.2 It is your responsibility to keep your login details confidential. MoveUp may from time to time publish guidelines on how to protect your login details and it is your responsibility to follow the guidelines.
4.3 You must immediately notify us if your login details have been compromised.
4.4 Never disclose your password to anyone, including members of our staff.
4.5 Whenever you are logged onto MoveUp we will assume that it is you and we will execute the instructions given during such sessions.
4.6 Please note that information sent through unsecured telecommunications networks can be subject to monitoring (unlawful or not). This is beyond the control of MoveUp.
5. Privacy
5.1 You give us permission to use your personal information as set out in our Privacy Policy: www.moveup.mobi/privacy.
6. Electronic communications
6.1 When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy Notice as stated in clause 4 above.
6.2 You will only receive direct marketing if you have consented to receiving it.
7. Availability
7.1 MoveUp may at times not be available for various reasons and we have the discretion to suspend the service.
7.2 If MoveUp is not available for whatever reason, we shall not be liable for any losses you may suffer as a consequence.
8. Intellectual Property Rights
8.1 Some of the content on MoveUp has been provided to us by third parties. Depending on the circumstances, we or our third party providers retain copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on MoveUp. You may only use the content for personal use and may not be used for any commercial purposes.
8.2 The logos and trademarks shown on MoveUp are our registered and unregistered trademarks or that of third parties.
8.3 Nothing in the Terms of Use should be construed as granting you any license or right to use any intellectual property rights without our prior written permission and/or that of third parties, as the case may be.
9. Disclaimer
9.1 We do not give any warranties, guarantees and/or representations, whether implied or applicable by law, other than the warranties expressly given in the Terms of Use.
10. Notices
10.1 We shall send notices, irrespective of the medium of communication, that may be required by law or by this agreement to any of the mobile numbers or email addresses you designate on your personal profile. If a notice has been sent electronically it will be deemed that you received it 24 hours after we have dispatched the notice.
11. Liability
11.1 We shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of using MoveUp or relying on any information or content contained on MoveUp, including but not limited to any injury, loss or damage suffered as a result of:
11.1.1 errors or discrepancies in the information provided;
11.1.2 any breakdown or failure of any equipment used to access MoveUp; or
11.1.3 the unavailability of MoveUp.
11.2 We reserve the right to alter, modify, upgrade, update, suspend or withdraw MoveUp or any part thereof at any time.
11.3 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via MoveUp. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.
11.4 Nedbank provides funding to support the MoveUp platform. However Nedbank is not responsible for any of the content or features on the platform. You acknowledge that Nedbank shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of using MoveUp.
12. General
12.1 MoveUp may from time to time amend the Terms of Use and the amendment will bind you from the first time you access MoveUp subsequent to such amendments.
12.2 Each phrase, sentence, paragraph and clause in the Terms of Use is severable from the other, notwithstanding the manner in which they may be linked together or grouped grammatically and if in terms of any judgement or order any phrase, sentence, paragraph or clause, is found to be defective or unenforceable for any reason the remaining phrases, sentences, paragraphs and clauses, as the case may be, shall nevertheless be and continue to be of full force and effect.
12.3 The laws of the Republic of South Africa applies to the Terms of Use.
12.4 Any breach by you of the Terms of Use entitles us to suspend your access to MoveUp.
12.5 The rule of interpretation that a written agreement shall be interpreted against the party responsible for the drafting or the preparation of the agreement shall not apply.
12.6 By agreeing to the Terms of Use, you confirm that you have read, understood and expressly agree to be bound by the terms and conditions contained herein. You also confirm and agree that you are aware that no expectation of employment or future employment is created and that you shall not hold MoveUp and/or any employers responsible for the outcome of an application.