Terms & Conditions

MINT KULCA TERMS AND CONDITIONS

Effective from: 1 September 2021

This document sets out the Terms and Conditions (“Terms”) on which Mint Kulca Pty Ltd (Registration No.2015/044745/07 and Vat No 426 02 8492 4) of F1-01, Building 3, Parc du Cap, Hendrik van Schoor Drive, Bellville, 7530 (“Mint Kulca”, “we”, “us” and “our”) provides Customers (“Customer”, “you” and “your”) with access to certain applicant tracking, candidate screening and candidate sourcing services through the www.mintkulca.co.za website (“Website”).

Please read these Terms very carefully before using the Website and the Services.

By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

If you do not accept these Terms, you will not be able to use the Website and the Services. You are advised to print and retain a copy of these Terms for future reference. We may change these Terms from time to time and accordingly you are advised to refer back to these Terms from time to time and before making use of the Website and Services.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms also includes the following additional terms by reference, which also apply to your use of our Website;

• Our privacy policy (“Privacy Policy”), which sets out the terms on which we process personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate;
• Our cookie policy (“Cookie Policy”), which sets out information about the cookies on the Website.

OUR SERVICES

We provide you with the services as described on the Website, which allows you to browse, screen, track and collaboratively manage your hiring process (“Services”) and provides the facility of storing your recruitment data (“Recruitment Storage Service”). The Services typically includes:

• the functionality to add, edit and delete accounts for (“Users”), meaning your employees and nominated representatives of your hiring team. Creating Users accounts’ grants them to access and use the Services on your behalf;
• the functionality to add vacancies to a job role that the you are looking to fill (“Vacancies”) (this may be limited to a set number of Roles in accordance with the corresponding Fees subscription selected by you);
• the functionality to publish and export Vacancies to various job boards and social media services where they can be displayed to persons seeking employment on a contract or permanent basis (“Candidates”). You shall enter into a contract with the relevant provider/s in the case where the job board or social media service requires payment for the service;
• the functionality to upload information about your organisation or any Vacancy (“Customer Information”);
• the functionality to view the (“Profile”) of a Candidate who applies for your Vacancy, which means the information submitted by a Candidate through the Services which may include a summary of the Candidate’s employment history and work experience, educational background, work, hard or soft skills and custom information as requested by you;
• the functionality to request certain outsourced services and assessments from Mint Kulca. Additional fees may be charged for the use of these Mint Kulca outsourced services and assessments, in addition to the Fees, which will be agreed upon between us and yourself and will be invoiced to you and payable on or before commencement of applicable services; and
• any other features and functionalities provided by us to you from time to time.

Our obligations shall be limited only to the provision of the Services and do not in any way include acting on your behalf. These Terms do not intend to, or shall be deemed to, establish any partnership or joint venture between yourself and us, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.

We may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to you.

In the event of an unplanned service downtime we will have no obligation to notify the Customer. We will use our reasonable endeavours to notify you in advance in the event of a planned service downtime in respect of the Services or the Website, provided that we are able to do so.

We may grant access to the Website and the Services to you on a trial or ‘free’ basis (hereafter “Trial”) for a limited period. You acknowledge and agree that during the Trial the following specific terms shall apply in addition to all other Terms: access to the Services during the Trial will be provided at no cost to you; such access is solely for the purpose of offering you a preview demonstration of the functionality and features of the Services; the functionality of the Services during a trial may be limited or restricted; and We may withdraw or suspend your access to the Services at any time during the Trial.

SERVICE ACCESS

You will first be required to register with us in order to use the Services by:

completing the online registration form on the Website or; by completing an Order Form.

We reserve the right to conduct verification and security checks in respect of all information provided by you, to us prior to granting service. We may take any action that we deem appropriate at its sole discretion including without limitation, to terminate your Contract, if we have reason to believe that the information provided by you to register and use any of the Services breaches or is likely to breach any of the provisions in these Terms.

The Services shall be personal to your organisation and you have no right whatsoever to resell the Services to any third party for any reason without our express written approval.

USERS

These Terms will apply to any and all Users who access and use the Website and Services through your account. You acknowledge and agree:

• all Users must use the corporate email address allocated to them by you when creating a User profile;
• only one person may log-on to the Website and/or access the Services using any one User account at any one time;
• You are directly liable to us at all times for the acts or omissions of your Users.

Customer and User usernames and passwords (hereafter “Logins”) must be kept safe and secure by you and you will ensure, and will ensure your Users, that they are not used without your permission. You must immediately notify us if you have reason to believe that there has been unauthorised use or access to your Logins and/or your profile on the Website.

You will be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of your Logins to access the Services and/or the Website, whether such use is authorised by you or not.

YOUR OBLIGATIONS

You and your Users warrant and agree that at all times use the Services and the Website in accordance with these Terms.

Use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Users and with Candidates, and all other material of any format (“Submissions”):

• comply with all applicable laws and legislations;
• do not infringe any intellectual property rights or other proprietary rights of any third party;
• are not deemed to:
  • be illegal, inappropriate or offensive;
  • promote bigotry, racism, sexism, harassment, hatred of any kind against any group of individual;
  • display lewd, sexually explicit material or pornography;
  • invade or violate any person’s right to privacy;
  • promote abusive, threatening, defamatory, libellous or obscene conduct;
  • contain or promote knowingly false, inaccurate or misleading information;
  • promote competitions, contests, multi-level marketing schemes and currency trading without our written approval; or
  • exploit people in a sexual or violent manner.

You and your Users will not:

• publish Vacancies that are not for the purpose to fill actual unfulfilled full time/part-time/hourly employment/contract positions;
• publish Vacancies for multi-level marketing positions, pyramid schemes or self-employed opportunities;
• publish Vacancies with the aim of building a candidate database for any reason other than legitimate employment for positions that are currently unfilled or expected to open within a reasonably acceptable time period;
• publish Vacancies that where the application takes place outside our Website;
• publish Vacancies on behalf of a company without their knowledge and written consent;
• request payments from Candidates in any form;
• use the service to transmit unsolicited mass mailing, “junk mail”, or “chain letters”, “spamming”;
• at any time use the Services and/or the Website with the purpose of impersonating another user or person;
• use the information made available to you through its use of the Services and/or the Website for any purpose other than in connection with managing the recruitment of staff;
• use the Website or Services to contact any Candidate or other person who has not either applied for an Vacancy or been identified by you through other means;
• register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the Website such as the number of Roles you are permitted to create; and
• do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.

You indemnify Mint Kulca for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by us which arise directly or indirectly from a breach by you of obligations listed above.

We do not vet, verify the accuracy, correctness and completeness of, edit or modify any Submissions or any other information, data and materials created, used and/or published by you on the Website to determine whether they may result in any liability to any third party, unless otherwise explicitly stated by us. You warrant that you have the right to use all such information and material.

We may enhance the Profile by using data related to the Candidate, obtained from third parties. Such additional information may include links to any social media websites used by us in enhancing the Profile. In such circumstances, we do not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is your responsibility to verify the accuracy of such information before making any hiring decisions.

Mint Kulca reserves the right to refuse to publish any Vacancies, or to at any time remove or edit an Vacancy (in whole or in part), if we have reason to believe that your use of the Services and/or the Website breaches these Terms.

We take breaches of the Terms, and in particular, Your Obligations, very seriously and reserve the right to take any action we deem necessary, including, without limitation, suspension or termination of your use of the Services and/or access to the Website. In certain circumstances we may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. You will promptly notify us if you are aware of or suspect any of these breaches by your Users.

ACCEPTABLE CANDIDATE INTERACTION

You and your Users warrant and agree that:

• Any Vacancy that you publish through the Website must contain the sufficient information to allow a Candidate to make an informed decision as to applying for the role in question.
• The information provided regarding a Vacancy and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the information in the Vacancy or the Customer Information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information.
• You will at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation. In particular:
• you undertake that you will collect and process personal information relating to Candidates only to the extent that this data collection is necessary and relevant to the performance of the job which is being applied for;
• You are solely responsible for the use of the Services and your internal management of the recruitment process and any Vacancy advertised by you through the Website. You are also responsible for confirming:
  • each Candidate’s qualifications, skills, training and experience;
  • that the Candidate has the right to work in the relevant jurisdiction; and
  • procuring from the Candidate(s) all information reasonably required by you to determine the Candidate’s suitability to the Vacancy.

You acknowledge that Mint Kulca does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. Unless specifically agreeing to it when delivering specific service offerings, Mint Kulca does not warrant, represent or guarantee that the Customer will be able to fill the Vacancy using the Services.

You will, and shall procure that your Users shall, at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between yourself, Mint Kulca and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.

You acknowledge and agree that it is your responsibility to ensure you enter into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between yourself and the approved Candidate directly. In the event there is a dispute between you and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a (“Dispute”) – you agree that Mint Kulca is not liable for any loss or damage suffered by yourself resulting from any such Dispute and you hereby release and hold us harmless from any such loss or damage or any liability in relation to any Dispute.

You indemnify us against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by you which arise directly or indirectly from any Dispute, or any breach by yourself of these contractual obligations to a Candidate.

INTEGRATION PARTNERS

We may offer you the option to integrate additional products and services that provide functionality that compliment the Services and are supplied by third parties (each such third party being a “Integration Partner”).

We do not provide the products or services provided by the Integration Partners and the contract for the sale of such products and services is concluded directly between you and the applicable Integration Partner. We are not the agent, joint venture or partner of either the Integration Partner or yourself.

The methods of contracting with us for the Supply of the Services are as follows:

• Online via the Website by creating a trial account;
• Via a signed Order Form. You can request a Pricing Proposal and Order Form by emailing mintkulca.co.za

BASIS OF CONTRACT

The contract between Mint Kulca and the Customer in respect of the Services (the “Agreement”) shall comprise the accepted quotation and these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Client User purports to apply under any purchase order, acceptance of order or other document). The Terms will commence on signature of the Accepted Mint Kulca Quotation and endure for the Term. Billing will commence as per the Quotation start date.

Please check the quotation carefully before confirming it. You are responsible for ensuring that your accepted quotation is complete and accurate.

Should we be unable to accept your request for Services for any reason, we will inform you of this by email and we will not process your request. We will refund you the full amount in the event that you have paid for the Services.

INTELLECTUAL PROPERTY RIGHTS

Mint Kulca and its licensors own all intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website (“Software”). Nothing in these Terms will serve to transfer from Mint Kulca to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with us and/or our licensors. All rights in and to the Software and the Website not expressly granted to you are reserved by Mint Kulca and the relevant third party licensors.

You must not use any part of the Vacancies of other users and/or all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.

You warrant that you own or have the right or licence to use the intellectual property rights in the Customer Information, the Vacancies and all information and materials provided by you, to us.

You grant Mint Kulca, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the Website the Customer Information, Vacancies and all other information and material provided by yourself to us in respect of the Services, for the purpose of providing the Services to you.

You hereby indemnify Mint Kulca against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Vacancies, and all other information and material provided by the you to us.

DATA PROTECTION & PRIVACY POLICY

The term “applicable data protection laws” is used in this document to refer to any legislation protecting the fundamental rights and freedoms of individuals in respect of their right to privacy in terms of the processing of personal information, including in particular the Protection of Personal Information Act 4 of 2013 and all regulations promulgated thereunder from time to time (“PoPIA”).

Capitalised terms used but not defined herein shall have the meanings given to them in PoPIA.

The Customer and Mint Kulca shall comply with applicable data protection laws in the performance of their respective obligations set out herein.

By accepting these Terms, you acknowledge that you are the Responsible Party in respect of any Personal Information processed, and undertake to comply with the requirements PoPIA prescribes for Responsible Parties.

You hereby indemnify Mint Kulca against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with your responsibilities as the Responsible Party as prescribed by PoPIA.

Should Mint Kulca Process Personal Information as an Operator on behalf of the Customer (Responsible Party), we undertake to comply with the requirements prescribed by PoPIA, including:

• securing the integrity and confidentiality of personal information in its possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent—
  • loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.
• taking reasonable measures to—
  • identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;
  • establish and maintain appropriate safeguards against the risks identified;
  • regularly verify that the safeguards are effectively implemented; and
  • ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
• having due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations;
• Processing Personal Information only with the knowledge or authorisation of the Customer (Responsible Party), unless required by law or in the course of the proper performance of their duties;
• treating Personal Information which comes to our knowledge as confidential and not disclose it, unless required by law or in the course of the proper performance of their duties.

Mint Kulca will notify you immediately where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.

We may transfer Personal Information outside of the Republic of South Africa and as the Responsible Party, you hereby authorise such transfers to sub-processors (the recipients of such Personal Information). As the Operator, we will ensure that the Personal Information is adequately protected and shall ensure that the sub-processors are subject to appropriate contractual undertakings to ensure the confidentiality, non-disclosure and security of any Personal Information so transferred.

Should we Process Personal Information as a Responsible Party, we will comply with the conditions for lawful Processing as prescribed by PoPIA and in accordance with Mint Kulca’s Privacy and Cookie Policies.

You will have your own Privacy Notice for Candidates, which complies with the requirements as set out in section 18 of PoPIA.

Should you engage one or more of the Integration Partners, such Integration Partner is the Operator on your behalf and Integration Partners are not sub-processors of Mint Kulca.

Should you use an Integration Partner’s services, you hereby acknowledge and agree that Personal Information may be transferred between Mint Kulca and the Integration Partner. It is your express instruction that we will provide such personal information to the Integration Partner.

Should Mint Kulca receive Personal Information from one or more Integration Partners in respect of which we believe you are the Responsible Party, you hereby instruct us to process such personal information on your behalf.

Should the services terminate without customer actioning return or deletion of its Personal Information, Mint Kulca may delete all Personal Information after 90 days following the date of termination of the Services unless otherwise required by applicable data protection laws.

To the extent permitted by PoPIA and with reference to exclusions in section 6 in particular, you grant Mint Kulca the perpetual right to (i) use, process, transfer, and store any Customer Data, Applicant Data, user statistics and quantitative data in an anonymous (or pseudonymous) and aggregated manner, and (ii) combine Customer Data, Applicant Data, user statistics and quantitative data with other information, collected online and offline by Mint Kulca, including information from third party sources.

How to Contact the information Officer

Mint Kulca has a designated Information Officer who is responsible for the protection of Personal Information.

You may address any queries regarding this policy or our use of your Personal Information, via email at erika@mintkulca.co.za.

If you are dissatisfied with our resolution of your complaint, you have the right to refer it to the Information Regulator, the supervisory authority for data protection issues in South Africa.

General enquiries email: inforeg@justice.gov.za

Complaints email: complaints.IR@justice.gov.za