Terms and Conditions

1 Introduction

1.1 This website is owned and operated by U Leap PTY (LTD). Relevant company information found at the end of this document.

1.2 Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Advertisers. In the event of any conflict, the Addendum takes priority.

2 Definitions

2.1 Capitalised terms have the following meanings in these terms and conditions:

a) “Advertisements” - all promotions on our platform of any kind including recruitment advertisements, job post listing and news posts.

b) “Business user” - are Users who are able to place Advertisements on our platform after they’ve undergone vetting.

c) “Standard user” - an individual who has signed up onto our platform that doesn’t have a registered business and is using our website to expose their skills, talents, gifts and qualifications in the form of video or document.

d) “Content” - all information of whatever kind (including Advertisements, posts, comments, chat, images, photos, audio, video, messages etc.), published, stored or sent on or in connection with our Platform.

e) “Platform” – our website, the services we offer by means of our website and any related software and services.

f) “User” - persons or organisations using our Service (whether or not registered with us).

3 Changes to the terms and conditions

3.1 We may change these terms and conditions by posting the revised version on our website at least 7 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Platform following the effective date shown.

4 Use of our Platform

4.1 We grant Users a limited personal non-transferable right to use our Platform subject to these terms and conditions.

4.2 You are not eligible for, and must not use or register on, our Platform if:

a) you are below 18 years of age; or

b) display of or access to any aspect of this Platform is illegal under the laws (if applicable) of the country from which you are accessing the Platform (e.g. because the country does not permit such a Platform or display of or access to such material at all or because you are under the relevant age limit in that country); or

c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment of any kind.

4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity and can provide proof of that authority if requested by us ULeap PTY(LTD)

4.4 By agreeing to these terms and conditions as an agent, such as recruitment agent, you confirm that the client for whom you act in connection with use of our Platform is bound by these terms and conditions and that you are also independently bound on your own behalf.

4.5 You agree that you will not in connection with the Platform:

a) breach any applicable law, regulation or code of conduct;

b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:

i) is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;

ii) infringes any intellectual property or other rights of others;

iii) involves phishing or scamming or similar; or

iv) we otherwise reasonably consider to be inappropriate;

c) publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;

d) impersonate any person or entity for the purpose of misleading others;

e) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;

f) sell access to the Service;

g) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

h) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;

i) use the Platform for junk mail, spam, pyramid or similar or fraudulent schemes;

j) do anything which may have the effect of disrupting the Platform including worms, viruses, software bombs or mass mailings;

k) do anything which may negatively affect other Users’ enjoyment of the Platform;

l) gain unauthorised access to any part of the Platform or equipment used to provide the service;

m) use any automated means to interact with our systems excluding public search engines; or

n) attempt, encourage or assist any of the above.

4.6 You must promptly comply with any reasonable request or instruction by us in connection with the Platform.

4.7 We are entitled to impose and/or change limitations on usage of our Platform, for example in relation to bandwidth.

4.8 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

4.9 We do not supply support except to the extent specifically stated on our site, as may be varied from time to time.

5 Your Content

5.1 You are responsible for your Content.

5.2 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Platform and these terms and conditions.

5.3 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.

5.4 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

5.5 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

5.6 It is your responsibility to make your own backup of any Content stored within the Platform to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

5.7 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

5.8 We reserve the right without notice to irretrievably delete your Content following termination of this agreement or if your account has been inactive for twelve (or more) months, or your Content has been flagged and we are notified of your breach of these terms and conditions based on Content not fit for our Platform.

6 Advertisements and other Content of other Users

6.1 If you have any complaint about Content or behaviour which you think is defamatory or otherwise infringes your rights, please contact us (see bottom of page)

6.2 We do not verify Advertisements. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You should take appropriate professional or other advice where appropriate. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or for what happens if you go ahead and communicate with a User who is advertising on our Platform.

6.3 If you respond to any Advertisement, please note that any resulting contract is between you and that User concerned. We may facilitate a transaction but we are not a party to that contract. Please direct any queries or complaints to that User.

6.4 When arranging through the Platform to meet another person, you must take appropriate safety precautions. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility. Be aware that a person may not be who he or she claims to be.

7 Third party services / advertising / websites

7.1 We may use third party-provided services or display third party advertising within our Platform and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.

8 Guidance by us

8.1 Any guidance or similar information which we ourselves make available on our Platform is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

9 Your profile

9.1 Your profile on our Platform is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your Profile. You must take reasonable care to protect and keep confidential your password and other details of your Profile or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your profile or identity.

10 Ending or suspending this agreement

10.1 You may at any time end your use of our Platform by following the instructions on our website but doing so doesn’t entitle you to any refunds. (Though this doesn’t affect any User “cooling off” rights, explained above.)

10.2 We are entitled at any time to remove your profile and provide notice by email without cause.

10.3 We are entitled at any time to remove your profile and provide notice by email if we terminate our Platform as a whole.

10.4 We are entitled at any time (with or without notice) to remove your profile or suspend part or all of your access to our Platform if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund.

10.5 If your profile is terminated: Your right to use our Platform and all licences are no longer permitted. Existing rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Platform if we have given you notice of termination.

11 Functioning of our Platform

11.1 We do not guarantee that the Platform will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.

11.2 We are entitled, without notice and without liability, to suspend the Platform for repair, maintenance, improvement or other technical reason.

11.3 We are entitled, without notice and without liability, to make changes to the Platform.

12 Liability

12.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

12.2 Very important: If you are a User, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;

b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this agreement);

c) such loss or damage is caused by you, for example by not complying with this agreement; or

d) such loss or damage relates to a business of yours.

12.3 Very important: If you are a User, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Platform (subject of course to our obligation to mitigate any losses).

12.4 The following clauses apply only if you are not a User:

a) In no event (including our own negligence) will we be liable for any:

i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

ii) loss of goodwill or reputation;

iii) special, indirect or consequential losses; or

iv) damage to or loss of data (even if we have been advised of the possibility of such losses).

b) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Platform and/or breach of this agreement.

c) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

d) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13 Intellectual property rights

13.1 All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Platform are our intellectual property or that of Users who have advertised. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

13.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Platform without our specific prior written consent.

13.3 If you publish any Content on our Platform, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Platform, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Platform. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content in accordance with these terms and conditions.

14 Privacy

14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

15 Events outside our control

15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

16 Transfer

16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

17 South African law

17.1 These terms and conditions shall be governed by South African Law and any disputes will be decided only by the courts of the South Africa.

18 General

18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

19 Complaints

19.1 If you have any complaints, please contact us via the contact details shown below.

20 Company information

20.1 Company name: U Leap PTY(LTD)

20.2 Country of incorporation: South Africa

20.3 Registered number: 2017/242546/07

20.4 Registered office and trading address: 12 Frankfort road, 1 Frankfort square, Parow, Cape Town, South Africa 7500

20.5 Website: www.u-leap.com

20.6 Other contact information: See our website.

ADDENDUM APPLICABLE ONLY TO ADVERTISERS

21 Payment

21.1 Payments for Advertisements must be made in advance. Prices, periods covered and payment methods specified on our Platform.

21.2 The prices shown on our website Exclude(s) VAT unless we say otherwise.

21.3 You are legally committed to pay for your Advertisement once we confirm your order.

21.4 We may at any time change our prices. The new rate takes effect if you make or renew an order after we post the new prices on our Platform.

21.5 You must contact us immediately with full details if you dispute any payment.

21.6 You may at any time terminate your Advertisement by following the instructions on our Platform. Such termination does not give rise to any refund.

21.7 You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.

21.8 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt.

21.9 All payments made on the Platform are billed in South African Rands regardless of the currency displayed, the country chosen or the country your card is issued in. This will be clearly highlighted when placing your order. U Leap PTY(LTD) will calculate the converted price (your currency to ZAR) based on the daily exchange rates obtained from openexchangerates.org. We will also add a discount to the converted price to compensate for any charges your card issuer may add in order to stay below the quoted price in your currency. However, it is possible that the final price you are charged (on your card statement) is higher than the quoted prices (this is dependent on the exchange rate the card issuer uses and their fees). Please contact your card issuer before finalizing the payment.

21.10 Any U Leap coins you may receive (promotional or otherwise) is only valid for the use on U Leap PTY (LTD). You cannot transfer these to any external account.

22 Your Advertisement

22.1 We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Platform in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).

22.2 You agree that, in connection with the supply of services which are shown in, referred to or linked to in the Advertisement, you will act in accordance with highest standards reasonably to be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct.

22.3 You may only use any contact information supplied by Users in response to Advertisements strictly in accordance with applicable data protection and other laws and with their consent.

22.4 We do not guarantee that your Advertisement will generate any particular level of revenues or suitable enquiries.

22.5 We reserve the right to irretrievably delete your Advertisement and all associated Content (including job applications and CVs) once the Advertisement expires or when this agreement ends.