terms & conditions

Revised: January, 2022

This page (together with the documents referred to or on it) informs users the terms of use in which they may make use of on the website www.africanjober.com together with the use of any mobile applications (together “our site”), whether as a guest or a registered user, and whether as a job-seeker or as the placer of available roles. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us www.africanjober.com is a site operated by Africanjober Limited. We are registered in England and Wales under company number 10180012. We are a limited company.

Accessing our site Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy . You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Registration To use the services available on our site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that We may use your User Data to provide services on our site for which you have expressed interest. If you provide any information that is inaccurate or not current, or We have reasonable grounds to suspect that such information is inaccurate or not current, We have the right to suspend or terminate your account and refuse any and all current or future use of our site. In consideration of your use of our site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Intellectual property rights We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.

Our liability The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Roles advertised through our site - Fees When placing a job advert through our site, you will be required to pay for the listing before this is made public. If you do not pay for the listing at the time of placement, you will not be permitted to finalize the listing and it will not become available for job seekers to view. We do not offer a credit facility, nor do we allow you to list a prescribed number of roles before payment becomes due. You may purchase the right to list multiple roles prior to placing those roles through our site, which will allow you to list a set amount of roles through our site in a set time period. If you fail to utilize the full amount of roles purchased, you will not be entitled to carry the unplaced roles into a new period and you will not be entitled to a pro rata refund of the value of the unplaced roles.

Uploading material to our site Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Viruses, hacking and other offences You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@africanjober.com.

Links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variations We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns If you have any concerns about material which appears on our site, please contact info@africanjober.com.

General You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of our site. These terms constitute the entire agreement between us with respect to your use of our site.

The failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these terms and in connection with our site.

Any notice to you via email, regular mail or notices or links on our site shall constitute acceptable notice to you under these terms. Section titles and headings in these terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Jurisdiction and applicable law The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law. Thank you for using our site.

Payments and Refunds

For Prospective Employees Africanjober is free for Prospective Employees. A Prospective Employee agrees to promptly notify Africanjober if the Prospective Employee (1) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (2) accepts an offer of employment as a contractor or consultant (a “Consulting Engagement”), whether for an indefinite or fixed term, (3) accepts an Employment Offer or a Consulting Engagement during or within twelve (12) months after termination of an Internship (as defined below) of any duration (a) with an Employer who was identified by the Prospective Employee through the use of our Site or Service or (b) from an Employer who identified the Prospective Employee through the use of our Site or Service, or (4) accepts an Employment Offer made by an Employer during or within twelve (12) months after termination of a Consulting Engagement with such Employer, each of the above a “Covered Offer”. Subject to the Prospective Employee complying with the terms of this Section 7 (Payment and Refunds), Africanjober will pay the Prospective Employee an amount based upon Africanjober employee bonus scale for the geographical region in which the Prospective Employee works for the Employer (the “Prospective Employee Payment”); the Prospective Employee Payment will be made no later than 120 days after the Start Date of the Prospective Employee with an Employer pursuant to an Employment Offer for full time employment of an indefinite term. The date on which a Prospective Employee commences work under an Employment Offer or Consulting Engagement is the “Start Date”. For the purposes hereof, an Internship shall refer to an opportunity for a Prospective Employee to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Prospective Employees that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months.

If you are a Prospective Employee who is using our Site and/or Service, you agree that (1) if you receive a Covered Offer, you shall promptly notify Africanjober of your Start Date and the key terms of such Covered Offer (and notify Africanjober promptly should that Start Date or offer terms change at any time), (2) you shall provide Africanjober with (a) a copy of a fully executed Covered Offer employment offer letter, or (b) execute a document between Employer, Africanjober and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of a Covered Offer employment offer letter between you and such Employer (the “Effective Date”), as requested by Africanjober, and (3) you will promptly notify Africanjober after termination of your employment as an employee, intern, coop employee, consultant or contractor (“Employment”) in the event that (a) an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or (b) you voluntarily terminate your Employment within ninety (90) days of the date on which your Employment commenced. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Prospective Employee shall promptly notify Africanjober and such Prospective Employee shall not be eligible for the related Prospective Employee Payment. In the event that within ninety (90) days of the date on which your Employment commenced (4) an Employer terminates your Employment (other than as part of a reduction in force) or (5) you voluntarily terminate your Employment, and (6) you have received the Prospective Employee Payment, then Africanjober is entitled to the return of the Prospective Employee Payment and you shall promptly return that Prospective Employee Payment to Africanjober. The foregoing repayment amount is a debt immediately owed to Africanjober and the Prospective Employee will pay for any professional fees Africanjober incurs in enforcing such repayment obligation.

For Employers Once we have accepted the registration of an Employer, the Employer will be able to make Requests and contact (through the Service) Prospective Employees listed on our Site and Service. If a Prospective Employee identified through use of our Service accepts a Covered Offer within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will be charged a Success Fee. For purposes of this Agreement, “Success Fee” shall refer to both Upfront Success Fees and Monthly Success Fees, and shall be collected, as set forth below:

In the case of an Employment engagement, the Employer may elect to pay one of the following two Success Fee options:

  • (1) the Employer may pay a Success Fee equal to 15% of the Prospective Employee’s first year base salary (an “Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date (the “Upfront Success Fee Option”); OR
  • (2) in the event that Africanjober in its sole discretion has approved the Employer to pay on a monthly basis (the “Monthly Success Fee Option”), the Employer may pay a monthly Success Fee equal to 2% of the Employee’s first year base salary (a “Monthly Success Fee”), with the first payment due on the Start Date and each subsequent payment due monthly thereafter for ten (10) months until the earlier of (a) payment of ten Monthly Success Fee installments or (b) termination of the Prospective Employee for whom the Monthly Success Fee Option was selected.

Employers granted the Monthly Success Fee option are required to (1) complete the Africanjober Direct Debit Authorization Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employer’s designated bank or credit card account(s) and (2) be subject to a credit review.

In the event that the Employer selects the Monthly Success Fee Option and subsequently wishes to make payment in full, the Employer may contact Employer’s Account Manager or the Accounts or Admin Department at Africanjober to ascertain the amount required to buy out the remaining installments of the Monthly Success Fee.

In the case of a Consulting Engagement within twelve (12) months of the date on which the Employer first viewed the contractor or consultant on the Site, the Employer shall pay a fee equal to 15% of the compensation to be paid for the period of such Consulting Engagement (the “Consulting Fee”). Employer shall provide Africanjober with a monthly compensation estimate of which 15% of this amount shall be due and payable thirty (30) days after the Start Date and each subsequent month of Consulting Engagement, for as long as the Consulting Engagement continues. If Prospective Employee works more or less than the monthly compensation estimate, Employer will inform Africanjober and future invoices will be modified accordingly.

In the event that a Consulting Engagement results in the Prospective Employee accepting an Employment Offer, the Employer shall pay a Success Fee equal to 15% of the Prospective Employee’s first year base salary (the “Conversion Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date. The Conversion Upfront Success Fee will be discounted by any prior Consulting Fee payments paid for such Prospective Employee. Employers choosing the Consulting Engagement option are required to (1) complete the Africanjober Direct Debit Authorization Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employer’s designated bank or credit card account(s), and (2) be subject to a credit review.

Employers are required to promptly notify Africanjober once a Prospective Employee has accepted a Covered Offer and notify Africanjober of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) Employers shall provide Africanjober with (1) a copy of a fully executed Covered Offer employment offer letter, or (2) execute a document between Employer, Africanjober and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation promptly upon the Effective Date. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Employer shall promptly notify Africanjober and the Prospective Employee shall not be eligible for any Prospective Employee Payment.

The Employer agrees to pay Africanjober a Success Fee for any Covered Offer which is accepted by a Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, as defined above.

Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Employer had an Active Process (as defined below) with the Prospective Employee before using our Site and/or Service (e.g., the Prospective Employee had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s CV from an employment agency or headhunter and was under active consideration by the Employer), the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of Africanjober. For the purposes hereof, “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Site or Service for a Prospective Employee that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency. The Prospective Employee agrees to repay any Prospective Employee Payment on first demand from Africanjober where Africanjober waived any Success Fee payable by the Employer due to an Active Process. The foregoing repayment amount is a debt immediately owed to Africanjober and the Prospective Employee will pay for any professional fees Africanjober incurs in enforcing such repayment obligation.

IF YOU ARE AN EMPLOYER who is using our Site and/or Service, YOU agree to the Success Fee provisions. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using Africanjober. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If an Employer circumvents our Site and/or Service after discovering a Prospective Employee through our Site and/or Service and subsequently hires that Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will pay on first demand and Africanjober may invoice the Employer a Success Fee equal to 15% of the first year base salary or prorated contractor/consultant compensation of the Prospective Employee and Africanjober may, in its sole discretion, terminate the Employer’s account.

Payment Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. Employers choosing the Monthly Success Fee, Consulting Engagement or the Membership option acknowledge and agree that the same is conditional upon completion of the Africanjober Direct Debit Authorisation Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employers' designated bank or credit card account(s). By accepting Africanjober Terms of Service, Employer agrees that Africanjober is authorised to immediately withdraw Success Fees due and payable to Africanjober hereunder from Employer’s account and that no additional notice or consent is required. Employer agrees to immediately notify Africanjober of any change in its billing address or any account information provided to Africanjober used for payment hereunder. Failure by the Employer to pay or provide sufficient details to Africanjober to establish the payment process described above may result in the temporary or permanent suspension and/or termination by Africanjober of this Agreement, at its sole discretion.

Changes in Fees and Billing Methods Africanjober reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting updated Terms of Use on the Site or by email delivery to you.

Refunds At Africanjober we value Employers' satisfaction in using our Site and Service to hire great Prospective Employees. If (1) an Employer hires a Prospective Employee and terminates the Prospective Employee’s Employment based on unsatisfactory performance within ninety (90) days of the Start Date, or (2) a Prospective Employee voluntarily terminates his or her Employment within ninety (90) days of the Start Date, or (3) Prospective Employee does not start Employment because either Employer or Prospective Employer elects not to begin the employment relationship contemplated in the Covered Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, Africanjober will fully refund to the Employer the Upfront Success Fee related to the Prospective Employee who was the subject of the Termination Event (if such Upfront Success Fee was paid by Employer prior to the Termination Event) and the Prospective Employee agrees to repay any Prospective Employee Fee on first demand from Africanjober. In the event that the Employer was paying a Monthly Success Fee for the Prospective Employee who was the subject of the Termination Event, no refund shall be owed to the Employer; however, the Employer’s obligation to pay future Monthly Success Fees shall terminate as of the date on which the Prospective Employee’s Employment terminates. No refunds shall be provided for Conversion Upfront Success Fees or for Membership programs.

Limitations on Liability

Through Africanjober's Site and Service users of Africanjober may be able to post content about third parties. Third parties have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of the Agreement and Africanjober is not liable to third parties for any content that has been posted or viewed on Africanjober's Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  • Our Site includes areas where Prospective Employees or Employers may post content about an individual or company. We are not responsible for the posting of this content;
  • We are not liable for any contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Prospective Employees and Employers;
  • We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our Site, although we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
  • We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
  • We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
  • You agree not to hold any other user of Africanjober liable for any negative or critical comments, except that you are not obligated to release any other user who submits content that violates any terms of this Agreement or other policies stated anywhere on our Site;
  • Africanjober is not liable under any circumstances to any user for any user content submitted, posted or transmitted by any other user, even if that content violates this Agreement or other policies stated anywhere on our Site, and Africanjober takes no action to remove that content or terminate that user’s account; and
  • Your ability to use or interact with the Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Africanjober SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE NOR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Africanjober HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, IN EACH CASE ON ANY THEORY OF LIABILITY, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, Africanjober WILL NOT BE LIABLE TO A PROSPECTIVE EMPLOYEE IN RESPECT OF ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE SITE OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), FOR MORE THAN THE GREATER OF (1) Africanjober's SHARE OF THE SUCCESS FEE PAID BY THE EMPLOYER IN RESPECT OF THE PROSPECTIVE EMPLOYEE, OR (2) £100.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, Africanjober WILL NOT BE LIABLE TO AN EMPLOYER IN RESPECT OF ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE SITE OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), FOR MORE THAN Africanjober's SHARE OF THE SUCCESS FEES PAID BY THE EMPLOYER IN RESPECT OF ANY COVERED OFFER GIVING RISE TO SUCH CLAIM OR SERIES OF CONNECTED CLAIMS.

NOTWITHSTANDING THE FINANCIAL LIMITATIONS SET OUT ABOVE (BUT SUBJECT ALWAYS TO THE FINAL PARAGRAPH OF THIS SECTION), Africanjober's AGGREGATE LIABILITY TO A PROSPECTIVE EMPLOYEE OR EMPLOYER FOR ALL CLAIMS HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR USE OF THE SITE AND/OR SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) IN ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO THE GREATER OF £1,000 AND Africanjober's SHARE OF THE SUCCESS FEES PAID TO Africanjober IN RESPECT OF THE PROSPECTIVE EMPLOYEE OR BY THE RELEVANT EMPLOYER, AS THE CASE MAY BE, IN THE SAME TWELVE MONTH PERIOD.

NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.

Disclaimer of Warranties

THE SITE AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, FOR YOUR INFORMATION ONLY AND SUBJECT TO THE RESTRICTIONS AND LIMITATIONS SET OUT IN THE SECTION ABOVE. Africanjober, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, Africanjober EXCLUDES AND LIMITS ANY WARRANTY THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICE.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

terms & conditions

Revised: January, 2022

This page (together with the documents referred to or on it) informs users the terms of use in which they may make use of on the website www.africanjober.com together with the use of any mobile applications (together “our site”), whether as a guest or a registered user, and whether as a job-seeker or as the placer of available roles. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us www.africanjober.com is a site operated by Africanjober Limited. We are registered in England and Wales under company number 10180012. We are a limited company.

Accessing our site Access to our site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy . You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Registration To use the services available on our site, you must complete the membership registration form. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration form (“User Data”) and (b) maintain and promptly update the User Data to keep it accurate and current. You agree that We may use your User Data to provide services on our site for which you have expressed interest. If you provide any information that is inaccurate or not current, or We have reasonable grounds to suspect that such information is inaccurate or not current, We have the right to suspend or terminate your account and refuse any and all current or future use of our site. In consideration of your use of our site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.

Intellectual property rights We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, We may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and We are under no obligation to update such material.

Our liability The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Roles advertised through our site - Fees When placing a job advert through our site, you will be required to pay for the listing before this is made public. If you do not pay for the listing at the time of placement, you will not be permitted to finalize the listing and it will not become available for job seekers to view. We do not offer a credit facility, nor do we allow you to list a prescribed number of roles before payment becomes due. You may purchase the right to list multiple roles prior to placing those roles through our site, which will allow you to list a set amount of roles through our site in a set time period. If you fail to utilize the full amount of roles purchased, you will not be entitled to carry the unplaced roles into a new period and you will not be entitled to a pro rata refund of the value of the unplaced roles.

Uploading material to our site Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty. Any material you upload to our site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Viruses, hacking and other offences You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@africanjober.com.

Links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variations We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns If you have any concerns about material which appears on our site, please contact info@africanjober.com.

General You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of our site. These terms constitute the entire agreement between us with respect to your use of our site.

The failure by us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these terms and in connection with our site.

Any notice to you via email, regular mail or notices or links on our site shall constitute acceptable notice to you under these terms. Section titles and headings in these terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Jurisdiction and applicable law The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law. Thank you for using our site.

Payments and Refunds

For Prospective Employees Africanjober is free for Prospective Employees. A Prospective Employee agrees to promptly notify Africanjober if the Prospective Employee (1) accepts an offer of employment (an “Employment Offer”), whether for an indefinite or fixed term, (2) accepts an offer of employment as a contractor or consultant (a “Consulting Engagement”), whether for an indefinite or fixed term, (3) accepts an Employment Offer or a Consulting Engagement during or within twelve (12) months after termination of an Internship (as defined below) of any duration (a) with an Employer who was identified by the Prospective Employee through the use of our Site or Service or (b) from an Employer who identified the Prospective Employee through the use of our Site or Service, or (4) accepts an Employment Offer made by an Employer during or within twelve (12) months after termination of a Consulting Engagement with such Employer, each of the above a “Covered Offer”. Subject to the Prospective Employee complying with the terms of this Section 7 (Payment and Refunds), Africanjober will pay the Prospective Employee an amount based upon Africanjober employee bonus scale for the geographical region in which the Prospective Employee works for the Employer (the “Prospective Employee Payment”); the Prospective Employee Payment will be made no later than 120 days after the Start Date of the Prospective Employee with an Employer pursuant to an Employment Offer for full time employment of an indefinite term. The date on which a Prospective Employee commences work under an Employment Offer or Consulting Engagement is the “Start Date”. For the purposes hereof, an Internship shall refer to an opportunity for a Prospective Employee to work, as an intern or pursuant to a co-op arrangement, for an Employer for a fixed period of time to assess job skills and shall only apply to Prospective Employees that are enrolled in college or graduate school, or who have graduated from college or graduate school in the past 6 months.

If you are a Prospective Employee who is using our Site and/or Service, you agree that (1) if you receive a Covered Offer, you shall promptly notify Africanjober of your Start Date and the key terms of such Covered Offer (and notify Africanjober promptly should that Start Date or offer terms change at any time), (2) you shall provide Africanjober with (a) a copy of a fully executed Covered Offer employment offer letter, or (b) execute a document between Employer, Africanjober and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of a Covered Offer employment offer letter between you and such Employer (the “Effective Date”), as requested by Africanjober, and (3) you will promptly notify Africanjober after termination of your employment as an employee, intern, coop employee, consultant or contractor (“Employment”) in the event that (a) an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or (b) you voluntarily terminate your Employment within ninety (90) days of the date on which your Employment commenced. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Prospective Employee shall promptly notify Africanjober and such Prospective Employee shall not be eligible for the related Prospective Employee Payment. In the event that within ninety (90) days of the date on which your Employment commenced (4) an Employer terminates your Employment (other than as part of a reduction in force) or (5) you voluntarily terminate your Employment, and (6) you have received the Prospective Employee Payment, then Africanjober is entitled to the return of the Prospective Employee Payment and you shall promptly return that Prospective Employee Payment to Africanjober. The foregoing repayment amount is a debt immediately owed to Africanjober and the Prospective Employee will pay for any professional fees Africanjober incurs in enforcing such repayment obligation.

For Employers Once we have accepted the registration of an Employer, the Employer will be able to make Requests and contact (through the Service) Prospective Employees listed on our Site and Service. If a Prospective Employee identified through use of our Service accepts a Covered Offer within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will be charged a Success Fee. For purposes of this Agreement, “Success Fee” shall refer to both Upfront Success Fees and Monthly Success Fees, and shall be collected, as set forth below:

In the case of an Employment engagement, the Employer may elect to pay one of the following two Success Fee options:

  • (1) the Employer may pay a Success Fee equal to 15% of the Prospective Employee’s first year base salary (an “Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date (the “Upfront Success Fee Option”); OR
  • (2) in the event that Africanjober in its sole discretion has approved the Employer to pay on a monthly basis (the “Monthly Success Fee Option”), the Employer may pay a monthly Success Fee equal to 2% of the Employee’s first year base salary (a “Monthly Success Fee”), with the first payment due on the Start Date and each subsequent payment due monthly thereafter for ten (10) months until the earlier of (a) payment of ten Monthly Success Fee installments or (b) termination of the Prospective Employee for whom the Monthly Success Fee Option was selected.

Employers granted the Monthly Success Fee option are required to (1) complete the Africanjober Direct Debit Authorization Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employer’s designated bank or credit card account(s) and (2) be subject to a credit review.

In the event that the Employer selects the Monthly Success Fee Option and subsequently wishes to make payment in full, the Employer may contact Employer’s Account Manager or the Accounts or Admin Department at Africanjober to ascertain the amount required to buy out the remaining installments of the Monthly Success Fee.

In the case of a Consulting Engagement within twelve (12) months of the date on which the Employer first viewed the contractor or consultant on the Site, the Employer shall pay a fee equal to 15% of the compensation to be paid for the period of such Consulting Engagement (the “Consulting Fee”). Employer shall provide Africanjober with a monthly compensation estimate of which 15% of this amount shall be due and payable thirty (30) days after the Start Date and each subsequent month of Consulting Engagement, for as long as the Consulting Engagement continues. If Prospective Employee works more or less than the monthly compensation estimate, Employer will inform Africanjober and future invoices will be modified accordingly.

In the event that a Consulting Engagement results in the Prospective Employee accepting an Employment Offer, the Employer shall pay a Success Fee equal to 15% of the Prospective Employee’s first year base salary (the “Conversion Upfront Success Fee”), which amount shall be due and payable thirty (30) days after the Start Date. The Conversion Upfront Success Fee will be discounted by any prior Consulting Fee payments paid for such Prospective Employee. Employers choosing the Consulting Engagement option are required to (1) complete the Africanjober Direct Debit Authorization Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employer’s designated bank or credit card account(s), and (2) be subject to a credit review.

Employers are required to promptly notify Africanjober once a Prospective Employee has accepted a Covered Offer and notify Africanjober of the Start Date for such Prospective Employee (including prompt notification of any subsequent changes in such Start Date.) Employers shall provide Africanjober with (1) a copy of a fully executed Covered Offer employment offer letter, or (2) execute a document between Employer, Africanjober and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation promptly upon the Effective Date. In the event that before the Start Date, either Employer or Prospective Employee elect not to begin the employment relationship contemplated by the Covered Offer, Employer shall promptly notify Africanjober and the Prospective Employee shall not be eligible for any Prospective Employee Payment.

The Employer agrees to pay Africanjober a Success Fee for any Covered Offer which is accepted by a Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, as defined above.

Notwithstanding the foregoing, in the event of a Success Fee dispute, if an Employer can establish that the Employer had an Active Process (as defined below) with the Prospective Employee before using our Site and/or Service (e.g., the Prospective Employee had already begun the interview process with the Employer and such process had not been terminated, or the Employer had received the Prospective Employee’s CV from an employment agency or headhunter and was under active consideration by the Employer), the Employer may be exempted from paying the Success Fee. However, the final determination as to whether a Success Fee is owed by the Employer for an accepted Covered Offer will be at the sole discretion of Africanjober. For the purposes hereof, “Active Process” shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made, within the three (3) months prior to using the Site or Service for a Prospective Employee that exists in Employer’s applicant tracking system or that was submitted by a recruiting agency. The Prospective Employee agrees to repay any Prospective Employee Payment on first demand from Africanjober where Africanjober waived any Success Fee payable by the Employer due to an Active Process. The foregoing repayment amount is a debt immediately owed to Africanjober and the Prospective Employee will pay for any professional fees Africanjober incurs in enforcing such repayment obligation.

IF YOU ARE AN EMPLOYER who is using our Site and/or Service, YOU agree to the Success Fee provisions. If you do not agree with any of the provisions of this Agreement, please terminate your account immediately and cease using Africanjober. YOUR OBLIGATION TO PAY ANY SUCCESS FEES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If an Employer circumvents our Site and/or Service after discovering a Prospective Employee through our Site and/or Service and subsequently hires that Prospective Employee within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will pay on first demand and Africanjober may invoice the Employer a Success Fee equal to 15% of the first year base salary or prorated contractor/consultant compensation of the Prospective Employee and Africanjober may, in its sole discretion, terminate the Employer’s account.

Payment Employer agrees to pay the Success Fees charged to Employer’s account in accordance with the fees, charges, and billing terms in effect at the time the Success Fee is due and payable hereunder. Employers choosing the Monthly Success Fee, Consulting Engagement or the Membership option acknowledge and agree that the same is conditional upon completion of the Africanjober Direct Debit Authorisation Form allowing Africanjober to directly withdraw, debit or charge monthly payments from Employers' designated bank or credit card account(s). By accepting Africanjober Terms of Service, Employer agrees that Africanjober is authorised to immediately withdraw Success Fees due and payable to Africanjober hereunder from Employer’s account and that no additional notice or consent is required. Employer agrees to immediately notify Africanjober of any change in its billing address or any account information provided to Africanjober used for payment hereunder. Failure by the Employer to pay or provide sufficient details to Africanjober to establish the payment process described above may result in the temporary or permanent suspension and/or termination by Africanjober of this Agreement, at its sole discretion.

Changes in Fees and Billing Methods Africanjober reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting updated Terms of Use on the Site or by email delivery to you.

Refunds At Africanjober we value Employers' satisfaction in using our Site and Service to hire great Prospective Employees. If (1) an Employer hires a Prospective Employee and terminates the Prospective Employee’s Employment based on unsatisfactory performance within ninety (90) days of the Start Date, or (2) a Prospective Employee voluntarily terminates his or her Employment within ninety (90) days of the Start Date, or (3) Prospective Employee does not start Employment because either Employer or Prospective Employer elects not to begin the employment relationship contemplated in the Covered Offer (each, a “Termination Event”), upon written receipt and confirmation of such information, Africanjober will fully refund to the Employer the Upfront Success Fee related to the Prospective Employee who was the subject of the Termination Event (if such Upfront Success Fee was paid by Employer prior to the Termination Event) and the Prospective Employee agrees to repay any Prospective Employee Fee on first demand from Africanjober. In the event that the Employer was paying a Monthly Success Fee for the Prospective Employee who was the subject of the Termination Event, no refund shall be owed to the Employer; however, the Employer’s obligation to pay future Monthly Success Fees shall terminate as of the date on which the Prospective Employee’s Employment terminates. No refunds shall be provided for Conversion Upfront Success Fees or for Membership programs.

Limitations on Liability

Through Africanjober's Site and Service users of Africanjober may be able to post content about third parties. Third parties have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of the Agreement and Africanjober is not liable to third parties for any content that has been posted or viewed on Africanjober's Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

  • Our Site includes areas where Prospective Employees or Employers may post content about an individual or company. We are not responsible for the posting of this content;
  • We are not liable for any contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Prospective Employees and Employers;
  • We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our Site, although we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
  • We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
  • We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
  • You agree not to hold any other user of Africanjober liable for any negative or critical comments, except that you are not obligated to release any other user who submits content that violates any terms of this Agreement or other policies stated anywhere on our Site;
  • Africanjober is not liable under any circumstances to any user for any user content submitted, posted or transmitted by any other user, even if that content violates this Agreement or other policies stated anywhere on our Site, and Africanjober takes no action to remove that content or terminate that user’s account; and
  • Your ability to use or interact with the Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, Africanjober SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICE NOR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Africanjober HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, IN EACH CASE ON ANY THEORY OF LIABILITY, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE OR SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, Africanjober WILL NOT BE LIABLE TO A PROSPECTIVE EMPLOYEE IN RESPECT OF ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE SITE OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), FOR MORE THAN THE GREATER OF (1) Africanjober's SHARE OF THE SUCCESS FEE PAID BY THE EMPLOYER IN RESPECT OF THE PROSPECTIVE EMPLOYEE, OR (2) £100.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, Africanjober WILL NOT BE LIABLE TO AN EMPLOYER IN RESPECT OF ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE USE OF THE SITE OR SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), FOR MORE THAN Africanjober's SHARE OF THE SUCCESS FEES PAID BY THE EMPLOYER IN RESPECT OF ANY COVERED OFFER GIVING RISE TO SUCH CLAIM OR SERIES OF CONNECTED CLAIMS.

NOTWITHSTANDING THE FINANCIAL LIMITATIONS SET OUT ABOVE (BUT SUBJECT ALWAYS TO THE FINAL PARAGRAPH OF THIS SECTION), Africanjober's AGGREGATE LIABILITY TO A PROSPECTIVE EMPLOYEE OR EMPLOYER FOR ALL CLAIMS HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR USE OF THE SITE AND/OR SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) IN ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO THE GREATER OF £1,000 AND Africanjober's SHARE OF THE SUCCESS FEES PAID TO Africanjober IN RESPECT OF THE PROSPECTIVE EMPLOYEE OR BY THE RELEVANT EMPLOYER, AS THE CASE MAY BE, IN THE SAME TWELVE MONTH PERIOD.

NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.

Disclaimer of Warranties

THE SITE AND SERVICE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, FOR YOUR INFORMATION ONLY AND SUBJECT TO THE RESTRICTIONS AND LIMITATIONS SET OUT IN THE SECTION ABOVE. Africanjober, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, Africanjober EXCLUDES AND LIMITS ANY WARRANTY THAT: (1) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND/OR SERVICE.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.