Terms and Conditions | EmployTree South Africa

Where Careers Grow and Trust Comes Standard

At EmployTree, we believe growth thrives in fairness. Whether you’re exploring new opportunities or posting a role to grow your team, using our platform comes with shared responsibility. Our Terms of Use explain how EmployTree works, what’s expected of users, and how we keep the space respectful, secure, and lawful. Clear guidelines help everyone grow with confidence.

POPIA

Terms of Use

EmployTree (Pty) Ltd (“EmployTree”, “we”, “us”, or “our”) is a private limited company registered in South Africa. These Terms of Use (“Terms”) form a legally binding agreement between EmployTree and every user of our online job board and recruitment platform (“Platform”). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms (together with our Privacy Policy). If you do not agree, you must not use the Platform.
These Terms govern your use of EmployTree’s Platform, whether you are a job seeker or an employer/recruiter. The Terms outline the rights and responsibilities of all users and EmployTree, and they aim to ensure use of the Platform is lawful, ethical, and in compliance with South African law. By using this site or registering an account, you agree to these Terms and to our Privacy Policy (which is incorporated by reference). All personal data is handled in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our Privacy Policy.

User Eligibility

You must be at least 18 years old to use the Platform. By registering an account, you represent that you are 18 or older, or if you are under 18, that you have the consent and supervision of a parent or legal guardian to use the Platform. (South African law generally deems 18 as the age of majority for contractual consent.)
The Platform is intended for individuals seeking employment who are legally eligible to work in South Africa. By creating a job seeker profile or applying to jobs, you confirm that you are seeking bona fide employment opportunities and that all information you provide (e.g., your qualifications, work authorization status) is truthful and accurate.
The Platform’s employer services (job ad postings, CV database access, etc.) are intended for bona fide employers, HR agencies, or recruiters. By using the Platform as an employer or recruiter, you confirm that you are an authorized representative of the hiring entity (company or organization) and that the entity complies with all South African business and employment laws (including registration where applicable). Employers must use the Platform only for legitimate recruitment purposes and not for unsolicited marketing or any purposes unrelated to offering actual job opportunities.
If you are using paid services of the Platform as a natural person or a company with an annual turnover or asset value under R2 million, you may qualify as a “consumer” under the Consumer Protection Act 68 of 2008 (“CPA”). In such cases, certain consumer protections (like cooling-off rights and fair contract terms) apply as noted in these Terms. If you use the Platform on behalf of a juristic person (company) above the CPA threshold, you acknowledge that some consumer-specific rights may not apply.
To fully use the Platform (either as job seeker or employer), you must create an account with accurate and complete information. This includes providing your real name or business name, a valid email address, and any other details requested. Each user (job seeker or employer) must maintain only one account and may not create multiple accounts or impersonate another person or entity. Account registration may require email verification or other authentication steps. EmployTree reserves the right to decline registration or suspend accounts if we find that eligibility requirements are not met or if any provided information is false, misleading, or violates these Terms.

Acceptable Use Policy

All users must use the Platform in a responsible, lawful, and ethical manner. By using EmployTree, you agree NOT to engage in any of the following prohibited activities. EmployTree reserves the right to remove or modify any content that violates this Acceptable Use Policy or otherwise at our discretion, and to suspend or terminate accounts for such violations (see “Termination” below). We may also edit or refuse to publish job ads that we find violate these rules or applicable guidelines (for example, postings not meeting the standards of the Advertising Regulatory Board’s Code of Advertising Practice, which requires advertisements to be legal, decent, honest and not mislead consumers).
Do not post false, misleading, or deceptive information on the Platform. This includes job listings that misrepresent the nature of the job, compensation, location, or any other material term, as well as profiles or CVs that contain false qualifications or work history. Employers must ensure that every job advertisement is genuine and available. Job seekers must provide truthful information about their skills and experience. Posting fraudulent jobs or resumes is strictly prohibited.
Employers/Recruiters may not post any job advertisement that violates South African anti-discrimination laws or labour regulations. This means no ads that exclude or prefer candidates on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, language, birth or any other arbitrary ground, except if justified as an inherent requirement of the job or as part of a lawful affirmative action program (as allowed by the Employment Equity Act 55 of 1998). Discriminatory criteria in job ads (e.g., specifying an age range like “25-35” or requiring personal details such as marital status) are illegal. All recruitment must be conducted fairly and in compliance with the Labour Relations Act 66 of 1995 (“LRA”) and the Employment Equity Act, which prohibit unfair discrimination in hiring.
Users may not harass, bully, or threaten others via the Platform. Absolutely no content that constitutes hate speech, incitement to violence, or harassment on any grounds will be tolerated. This includes slurs, epithets, or any content that is defamatory, abusive, obscene, offensive, or invasive of another’s privacy. South African law (including the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 and applicable provisions of the Cybercrimes Act 19 of 2020) prohibits the publication of hateful or harmful content; such content is banned on EmployTree.
You may not misuse the Platform or engage in any activity that undermines the security or functionality of our services. Prohibited technical misuse includes: attempting to gain unauthorized access to the Platform or other users’ accounts; introducing viruses, malware or any other harmful code; performing data mining or scraping of the site without authorization; or disrupting the normal use of the Platform (e.g., through spamming, flooding, or mail-bombing). Any conduct that constitutes a cybercrime under South African law – such as unlawful interception of data, hacking/unauthorized access to our systems, cyber fraud or extortion, or interference with our data or systems – is strictly forbidden. We reserve the right to report such activities to law enforcement authorities.
Employers and other users must only use personal information obtained through the Platform for its intended purpose (recruitment and job applications). Any form of data harvesting, selling of personal data, spam messaging, or adding candidates to mailing lists without consent is prohibited. Using candidate CVs or contact details for any purpose outside of evaluating them for job opportunities is a violation of these Terms and may also violate POPIA. Users must comply with data protection laws – personal information should be processed lawfully and reasonably and not in a manner that infringes privacy. For example, an employer who accesses a candidate’s CV must keep that information confidential and use it only for recruitment related to that job, unless the candidate consents to other use.
You may not use the Platform to advertise services or products unrelated to employment, or to solicit business from other users, unless expressly permitted. Recruiters may only post positions or recruitment-related services in designated areas if applicable. Any attempt to run contests, pyramid schemes, or promotions not sanctioned by EmployTree is prohibited.
Do not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity. Employers must post jobs only for their own organization (or the organization they legally represent) and not mislead as to the company or agency posting the job. Job seekers must not create accounts or profiles on behalf of someone else, or apply to jobs under false identities.
All use of the Platform must comply with applicable South African laws and regulations. This includes but is not limited to: employment and labour laws (LRA, Basic Conditions of Employment Act 75 of 1997 (“BCEA”), Employment Equity Act, etc.), data protection laws (POPIA), consumer protection and e-commerce laws (CPA and ECTA), and criminal laws (including the Cybercrimes Act). No user may use the Platform to engage in or facilitate any unlawful activity. If something would be illegal outside of the internet, it is also disallowed on our Platform. Users are responsible for ensuring that their conduct and any content they contribute are lawful.

User Responsibilities

All users of EmployTree assume certain responsibilities in using the Platform. By accepting these Terms, you agree that you are fully responsible for your conduct and content on EmployTree. You will indemnify EmployTree for any loss or damage we suffer as a result of your breach of these responsibilities.
You are responsible for maintaining the confidentiality and security of your account login credentials. Do not share your password with others, and notify us immediately if you suspect any unauthorized access to your account. EmployTree will not be liable for any loss or damage arising from your failure to keep your account secure.
Users are responsible for the accuracy, truthfulness, and legality of any information you post or submit on the Platform. This applies to job seeker profiles, CVs, cover letters, job applications, employer company profiles, and job advertisements.

Job seekers must ensure that all qualifications, work history, certifications and other personal details are correct and up-to-date. Misrepresenting your experience or credentials, or applying for jobs you are not qualified for under false pretenses, can lead to account termination and potential legal consequences. If EmployTree discovers that a profile or CV contains false information, we reserve the right to remove it and, where required by law, report fraudulent profiles to the relevant authorities.

Employers must ensure that job postings are factual, describe real and available positions, and include any legally required information (for example, if a license or certification is required for the job, it should be stated). Job ads must comply with labour regulations (e.g., if the job’s terms violate the BCEA minimum standards for wages or working hours, it should not be posted). Employers are solely responsible for the content of their postings and any promises made therein. EmployTree is not responsible for verifying the content of job ads, so employers should carefully review their postings for accuracy and legality before publishing.
If you obtain personal information about other users through the Platform (for example, an employer viewing a candidate’s CV or a candidate getting a recruiter’s contact info), you assume the role of a “responsible party” under POPIA for that data. You must process such personal information lawfully and only for the intended purpose. Do not share or disclose others’ personal information without consent, and implement appropriate safeguards to protect it. For instance, an employer should not distribute a candidate’s resume to third parties outside the hiring process without permission. Users should also respect one another’s privacy preferences (e.g., if a job seeker has marked their profile as “hidden” or opted out of certain communications, employers must honor that).
Users are responsible for not uploading any content that is illegal, infringing, or otherwise violates the rights of any party. This includes intellectual property (do not upload material you don’t have rights to), confidential information of others, or content that violates the Acceptable Use Policy above. If you encounter content or behavior on the Platform that you believe violates these Terms or is illegal (such as a scam job post, harassment, or a data breach), it is your responsibility to report it to EmployTree via the provided reporting channels (see “Reporting and Enforcement” section). We rely on community cooperation to maintain a safe platform.
You agree to use the Platform and its services only for their intended purposes. For job seekers, that is searching and applying for legitimate employment; for employers, it’s posting jobs and evaluating candidates for real job openings. Any other use (like gathering competitive business information, soliciting clients, or running unauthorized promotions) is not permitted. Users must follow any instructions or guidelines we provide about how to use the site (for example, respecting any usage limits on resume database searches, or not circumventing site navigation to access data in unauthorized ways).
You should keep your account information and any posted content (like job ads or CVs) updated. If any of your information changes (e.g., you get a new qualification, or for employers, a job opening is filled or extended), you should promptly update the Platform (such as updating or removing the job post). Employers are expected to remove or mark filled positions to avoid misleading candidates.

EmployTree’s Rights and Obligations

In summary, EmployTree has the right to manage the Platform in the best interests of its users and the company, which includes enforcing rules, ensuring compliance with law, protecting user data, and maintaining the integrity of the service. Our obligations include providing the services as described (within the limits of our disclaimers), respecting your privacy rights, and treating users fairly under the law.
EmployTree reserves the right, but has no obligation, to monitor user content (job listings, profiles, messages, etc.) and interactions on the Platform. We may moderate, remove, or edit any user-submitted content that we, in our discretion, find to violate these Terms or applicable law, or to be otherwise objectionable. This includes the right to suspend or terminate any user account that breaches the Terms (see “Termination” section for details) or engages in conduct that may harm the Platform or other users. We may also take down content upon receiving valid legal complaints (such as a DMCA notice for copyright infringement or a court order regarding unlawful content).
EmployTree has the right to implement changes to the Platform’s features, layout, functionality, and offerings at any time. We may add, modify, or remove features or services, and we may also adjust our pricing structure or create new subscription tiers (see “Payment and Subscription Terms”). We will endeavor to notify users of major changes, especially those affecting pricing or user experience, in advance via the website or registered email. However, we reserve the right to make minor or necessary changes without prior notice. Your continued use of the Platform after changes are made constitutes acceptance of those changes.
EmployTree is committed to protecting your personal information. We adhere to POPIA and other applicable data protection laws in how we collect, process, and store your data. We maintain a Privacy Policy that explains what data we collect and how we use it; this Privacy Policy forms part of these Terms and by agreeing to the Terms, you also agree to the Privacy Policy. EmployTree implements reasonable technical and organizational security measures (such as encryption, and access controls) to safeguard user data. However, EmployTree is obligated under law to report certain data breaches or cyber incidents: for example, if required under the Cybercrimes Act or POPIA, we may notify the Information Regulator and affected data subjects of any significant security compromises.
We undertake to comply with all relevant South African laws regulating our services. This includes consumer protection laws (like ECTA and CPA for e-commerce transparency), advertising standards, and employment-related laws. If we become aware of unlawful content or activities on our Platform, we may take steps to address it, including cooperating with law enforcement or regulators. For instance, as an “electronic communications service provider,” we may have duties under the Cybercrimes Act to report certain cybercrimes involving our platform. We also will comply with lawful requests for information, such as subpoenas or warrants, in accordance with our Privacy Policy and applicable law.
While we strive to maintain high availability and reliability of the Platform, EmployTree does not guarantee that the Platform will be available 100% of the time or free from errors. We may experience downtime, maintenance windows, or technical issues that temporarily affect service. EmployTree will make reasonable efforts to keep the Platform operational and to secure it against unauthorized access (we take security measures to exclude viruses or hacking), but we cannot warrant uninterrupted, error-free access.
EmployTree reserves the right to restrict or terminate access to the Platform for any user who is in violation of these Terms or for any security or legal concern. We also reserve the right to block access from certain IP addresses or locations if we detect malicious activity. Additionally, if any user activity (even if not malicious) is putting an undue load on our infrastructure (for example, automated scraping), we may temporarily throttle or block that usage to maintain overall service quality.
EmployTree might send you communications related to the Platform and services. This can include service announcements, account notifications, or marketing messages (in accordance with direct marketing laws). We will not send you unsolicited marketing without providing an opt-out. Recruiters may also receive communications about candidate matches or service updates. All communications will be handled in line with our Privacy Policy and the requirements of ECTA and CPA (e.g., providing unsubscribe options for marketing).

Intellectual Property

All content on the EmployTree Platform that is not user-generated (including the design, text, graphics, logos, icons, software code, and trademarks) is the intellectual property of EmployTree (Pty) Ltd or its licensors. This includes our company name and logos, the compilation of site content, and the software and databases underlying the Platform. These are protected by copyright, trademark, and other intellectual property laws. EmployTree retains all rights, title, and interest in and to its intellectual property. You are granted a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose (job searching or hiring) and not for any other purposes. You may not copy, distribute, modify, or create derivative works from our site content without our express permission, except as allowed by law (such as brief quotations under fair dealing).
As a user, you may upload or submit content to the Platform, such as your resume/CV, profile information, job listings, company logos, or messages (“User Content”). EmployTree does not claim ownership of your User Content. You retain all intellectual property rights in the content you create and submit (for example, you own your CV and an employer owns the text of their job advertisement). However, by submitting User Content on our Platform, you grant EmployTree a worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display such content on the Platform and to users of the Platform as necessary to provide our services. This license allows us, for instance, to display your CV to prospective employers (if your profile visibility settings allow) or to display a company’s job advertisement to job seekers. The license lasts for as long as your content is available on our Platform, and reasonably thereafter (e.g., backups), but if you remove content or delete your account, we will cease to display the content (except to the extent it may persist in system backups or if it has been shared prior to removal).
By uploading or posting any content, you represent and warrant that you have the necessary rights and permissions to do so. This means:

(i) the content is your own original work or you have permission from the rights holder to post it;

(ii) the content does not infringe or violate any third party’s copyright, trademark, trade secret or other intellectual property or personal rights;

(iii) the content complies with all applicable laws (e.g., it’s not confidential information of another party that you have no right to share).

You also agree not to upload any content that contains another person’s personal data without having a lawful basis to do so (for example, do not upload someone else’s CV or personal details without their consent).
The EmployTree name, logo, and any slogans or taglines are trademarks of EmployTree. You may not use EmployTree’s trademarks (including in metatags or advertising) without our prior written consent, except as necessary for legitimate referential use (such as truthfully stating “I got my job through EmployTree” in a personal context). Any permitted use of our marks must not suggest any endorsement or affiliation.
The EmployTree name, logo, and any slogans or taglines are trademarks of EmployTree. You may not use EmployTree’s trademarks (including in metatags or advertising) without our prior written consent, except as necessary for legitimate referential use (such as truthfully stating “I got my job through EmployTree” in a personal context). Any permitted use of our marks must not suggest any endorsement or affiliation.
If you submit feedback, suggestions, or ideas about the Platform to EmployTree, you agree that we are free to use and implement such feedback without any compensation to you, and such feedback does not create any confidentiality obligation for us. We appreciate user input, but note that any improvements or features developed from your suggestions are owned by EmployTree.

Payment and Subscription Terms

EmployTree offers both free and paid options for employers to post job advertisements:

Seedling Package (Free): Allows new customers to post one job advertisement on the site for up to 14 days at no charge. This one-time free trial posting is limited to one per customer (intended to let you try the platform’s basic features).

Sapling Package (Paid): Priced at R450 ZAR, this package includes the posting of one job advertisement on the Platform for 14 days (2 weeks). The ad will be visible to job seekers on the site during that period, and you will have access to manage applicants through your account.

Forest Package (Paid): Priced at R750 ZAR, this premium package includes posting one job advertisement on the Platform for 30 days, plus promotion of the job listing on EmployTree’s social media channels for increased visibility. This helps reach a broader audience. (Details on which social platforms and the nature of promotion will be provided at purchase.)

All prices are stated in South African Rand (ZAR). Unless otherwise indicated, prices include any applicable taxes (e.g., VAT) or such taxes will be clearly indicated. EmployTree reserves the right to change pricing or introduce new paid tiers in the future. However, no price change will affect a package you have already purchased at the time of purchase; new pricing will apply to future purchases or renewals only. Current fees and features for each package will be displayed on the Platform at the point of purchase.
When you choose a paid package, you will be directed through our online checkout. We support various payment methods (e.g., credit/debit card, EFT, or other payment gateways as provided by Wix or our payment processor). By submitting payment information, you represent that you are authorized to use the payment method and you authorize EmployTree (or its third-party payment processor) to charge the full amount to that payment method. Before finalizing your order, you will have an opportunity to review the package details, the price (including any taxes or fees), and correct any input errors or cancel. Only once you confirm the purchase will the payment be processed. EmployTree uses secure payment processing systems to protect your payment information (in compliance with ECTA Section 43(5)).
Upon successful payment, EmployTree will provide you with an electronic receipt or invoice, accessible in your account or sent via email. This will detail the service purchased, amount paid, and date of purchase. If you require a formal invoice for business purposes (with VAT details if applicable), you can contact our support.
Paid job ads will run for the specified duration (14 days for Sapling, 30 days for Forest) from the time of posting approval. After that period, the ad will expire (no longer visible to job seekers). Employers may have the option to renew an expired ad by purchasing another package. The free Seedling ad is not renewable since it’s a one-time trial per customer. If you need continuous advertising beyond the included period, you must purchase a new package or upgrade as available.

At present, EmployTree’s paid packages are one-time purchases (non-recurring). This means we will not automatically charge you on a monthly or yearly basis. Each job ad posting is a discrete transaction. If in the future we introduce subscription plans (e.g., a monthly membership for multiple job posts), we will update these Terms to include the relevant renewal and cancellation terms, in line with Section 14 of the CPA (which governs fixed-term agreements).
Under South African e-commerce law, consumers (which may include individual employers or small businesses under certain thresholds) generally have a right to a cooling-off period for online transactions. If you qualify as a consumer and purchase a service on our Platform, ECTA gives you the right to cancel the transaction within 7 days of concluding the agreement (payment), without giving a reason and without penalty, provided that the service hasn’t begun within that time. However, please note that for services which begin with your consent before the 7-day period ends, the cooling-off right does not apply. In the context of EmployTree: when you purchase a job post package, our service (posting and displaying the ad) typically begins immediately or very shortly after payment (especially if you proceed to publish the ad right away). By purchasing, you request us to commence the service (hosting your job ad) without delay, so the cooling-off cancellation may not be available once the ad is live.

That said, if you mistakenly purchased a package or decide to withdraw the ad before it is published, please contact us as soon as possible. We will evaluate refund or cancellation requests case-by-case, in line with our legal obligations and customer satisfaction principles. If a refund is granted, it will typically be issued to the same payment method used, within 30 days of approval (or as required by ECTA if applicable).

Outside of any cooling-off rights, all sales are final. We do not guarantee refunds for early takedown of job ads or lack of response to your ad, etc., except where required by law. For example, if a technical error on our part prevented your ad from being displayed for the purchased duration, we may offer a pro-rated refund or extension.
In the event that EmployTree introduces a subscription-based service (for example, a recurring monthly plan for employers to post a certain number of jobs or access premium features), the following will apply in compliance with the CPA’s rules on fixed-term contracts:

The maximum initial term of any subscription will be 24 months, unless you (the subscriber) expressly agree to a longer term for your financial benefit (as allowed by CPA Section 14).

You will have the right to cancel a subscription on the expiry of the fixed term without penalty, or at any time with 20 business days’ notice (if you cancel mid-term, we may charge a reasonable cancellation fee, considering the remaining time and value provided).

We will notify you between 40 and 80 business days before a fixed-term subscription expires, informing you of the impending expiry and any changes to terms if it were to be renewed, as required by the CPA. If you do not opt-out of renewal, the subscription may automatically continue on a month-to-month basis after the initial term, subject to you being able to cancel anytime on a month’s notice without penalty (this is to ensure compliance with Section 14 of CPA on automatic renewals).
For paid services, the service will not be activated until payment is successfully received. If your payment fails or is retracted (chargeback, etc.), EmployTree reserves the right not to post or to remove the associated job listing. In the case of subscription plans (if any), non-payment of fees when due may result in suspension of service or downgrade to a free tier, and we reserve the right to seek payment for any outstanding amounts. If you dispute a payment with your bank that we believe was validly due, this may be treated as a breach of these Terms.
If you believe there has been a billing error (for example, you were charged the wrong amount or charged twice), please contact EmployTree support promptly. We will investigate and, if an error is found on our side or through our payment processor, we will correct it (which may include issuing a refund or credit). By purchasing any paid service from EmployTree, you agree to the pricing and terms of sale presented at the time of purchase, and to these broader Terms of Use. We strive for transparency in our fees – there are no hidden costs beyond what is disclosed.

Liability and Disclaimers

The EmployTree Platform, including all services, content, and functionality provided, is offered on an “as is” and “as available” basis. We make no express or implied warranties or representations regarding the Platform. To the fullest extent permitted by law, EmployTree disclaims any implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Platform will meet your specific needs, or that it will be available uninterrupted, error-free, or secure at all times. While we strive for accuracy, we do not warrant the correctness, completeness, or usefulness of any information on the site (much of which is user-generated content that we do not verify).
EmployTree is not an employment agency or recruiting firm, and we are not involved in the actual transaction between employers and job seekers beyond providing the platform. We do not guarantee any outcomes from using our Platform. For job seekers, this means we do not guarantee that you will secure employment or receive job offers; application decisions are made by third-party employers at their sole discretion. For employers, we do not guarantee that you will find a suitable candidate or hire someone, or that your job posting will receive any applications. Any hiring, engagement, or employment decision is solely between the job seeker and the employer, outside of the Platform. EmployTree does not endorse any user (job seeker or employer), and you should exercise your own judgment in interactions.
Content on the Platform is often created by third parties (employers write job ads; job seekers provide CVs). EmployTree is not responsible for any User Content, including its accuracy, legality, or appropriateness. We do not pre-screen all content, and views or information expressed by users are their own and not ours. Additionally, the Platform may contain links to third-party websites or incorporate services provided by third parties (such as social media sharing, or an embedded map). These are provided for convenience, and EmployTree does not endorse or assume liability for third-party sites or services. If you follow a link to an external site, you do so at your own risk, and such site’s terms and policies will apply. We encourage you to review third-party terms, especially for sites of employers (if an employer uses an external application form, etc. – those interactions are outside our Platform).
To the maximum extent permitted by South African law, EmployTree and its directors, officers, employees, affiliates, agents, and partners (“EmployTree Affiliates”) shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Platform or services. This limitation applies whether the claim is based in contract, delict (tort), statute, or any other legal theory, and even if we have been advised of the possibility of such damages.

In particular, EmployTree will not be responsible for:

Any damage to your computer system or loss of data that results from download of any material from the Platform (we advise you to have updated antivirus protections, as we cannot warrant the Platform to be free of harmful components).

Any loss arising from reliance on information or materials obtained through the Platform (for example, acting on a fraudulent job post, or hiring a candidate based on a resume – we do not verify these).

Any acts or omissions of other users (EmployTree is not liable for the behavior of job seekers or employers, such as an employer’s hiring decisions or a candidate’s performance if hired, or any misuse of data by another user).

Any matters beyond our reasonable control (see Force Majeure section below in Termination for examples like power outages, etc., that might cause service failures).
To the extent we are found liable notwithstanding the above limitations, our liability to you for any damages or losses shall not exceed the total fees you have paid to EmployTree in the 6 months immediately preceding the event giving rise to the claim (or, if you have paid no fees, R0). This cap on liability does not apply to instances of our own gross negligence or intentional misconduct, or other liability which by law cannot be limited or excluded (see next paragraph).
Nothing in these Terms is intended to limit or exclude any warranties or liabilities that may not be lawfully limited or excluded. For instance, under the CPA, we cannot contract out of liability for harm caused by our gross negligence or willful misconduct, or for defective products to the extent covered by strict liability provisions. Similarly, if any harm is caused by EmployTree’s breach that results in death or personal injury, we do not exclude our liability for that (though it’s hard to imagine such scenario in an online job board context, this is stated to comply with Section 49 and Section 61 of CPA). Also, if you are a consumer under the CPA, you might have specific remedies that cannot be waived. These Terms are to be interpreted such that our liability is limited or excluded only to the extent lawful.
You agree to indemnify, defend, and hold harmless EmployTree and EmployTree Affiliates from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to

(i) your use of the Platform or services,

(ii) any User Content you submit, post, or share on the Platform,

(iii) your violation of these Terms or of any law or the rights of any third party, or

(iv) any dispute between you and another user or a third party (e.g., an employment dispute between a candidate and employer that stems from a connection made on our Platform).

This means if a third party (for example, an applicant or employer) brings a claim against EmployTree due to your conduct (such as your posting of infringing or defamatory content, or misuse of personal data), you will cover all costs and damages we incur. We will notify you of any such claim and may require you to assist in the defense. Your indemnification obligations will survive termination of your relationship with EmployTree.
Because we are not involved in user-to-user dealings, you hereby release EmployTree from any and all claims, demands, and damages of any kind arising out of or in any way related to disputes between users (job seekers, employers) or between a user and any third party in connection with the Platform. For example, if you have a dispute with an employer who contacted you through EmployTree (or vice versa), both parties agree that EmployTree is not liable or involved, and you release us from any claims related to that interaction.
We aim to draft these Terms to be fair. If you are a consumer as defined in the CPA, nothing in these Terms is intended to contravene any provision of the CPA or unfairly exclude or limit your rights. In the event of any conflict between these Terms and the CPA or other applicable law, the provisions of those laws will prevail to the extent of the conflict. Any clause in these Terms that purports to limit our liability or your rights is drawn to your attention as required by CPA Section 49(1), by being bolded or capitalized. By agreeing, you acknowledge you have read and understood these clauses.
EmployTree’s liability to you is limited. We provide a platform and cannot be responsible for what users do or the ultimate outcomes. Use the site at your own risk. We don’t charge job seekers, and employers only pay per ad, so our ability to assume risk is limited (this is the basis of our bargain with you). We will never intentionally harm users, but we won’t pay for things we couldn’t foresee or prevent. Always exercise due diligence in your job search or hiring process.

Termination of Account

Both users and EmployTree have the right to terminate the usage of the Platform under certain conditions. You may stop using the Platform and/or close your account at any time. Job seekers can delete their profiles or ask us to deactivate their accounts if they no longer wish to be on the Platform. Employers can likewise cease posting jobs and request account closure when they no longer intend to use our services. To delete your account or data, you can use the account settings (if available) or contact EmployTree support for assistance. Once your account is closed, you will lose access to any features that required login. Note: Simply deleting a mobile app (if any) or not logging in will not automatically delete your data; please follow the proper account deletion process. If you terminate while you have active paid services (for example, an ongoing job ad or subscription), you may still be responsible for any charges incurred (we generally do not pro-rate or refund unused time except as stated in our refund policy). However, you will not incur new charges after termination, aside from any pending fees.
EmployTree reserves the right to suspend or terminate your account or access to certain features at our sole discretion, in addition to any other remedies we have, in any of the following circumstances:

Breach of Terms: If you violate any provision of these Terms (or any other policies incorporated), we may issue a warning, suspend your account, or immediately terminate your account and bar access. For serious violations (e.g., posting illegal content, committing fraud, or harassment), termination may be immediate and without prior notice. For less severe issues, we may send a notice of breach and give you an opportunity to remedy (at our discretion) before taking further action.

Law or Policy Violations: If your conduct on the Platform is deemed to violate applicable law (such as posting discriminatory job ads, engaging in hate speech or hacking), or violates our Acceptable Use Policy, we can terminate or suspend your access. Illegal acts may also be reported to authorities.

Extended Inactivity: For job seeker accounts, if you are inactive for an extended period (e.g., 24 months of no login), EmployTree may deactivate or delete your account to conserve resources, after attempting to notify you via your registered email.

Non-payment: For employer accounts, if you have any subscription or recurring payment and fail to pay fees due, we may suspend service and eventually terminate the account if payment is not made after notice.

Business Discontinuation: If EmployTree stops operating the Platform or ceases business, we reserve the right to terminate all accounts with reasonable notice to users.

When feasible, EmployTree will provide notice of termination or suspension, along with the reason, sent to the email on file or via an in-dashboard notification. However, we reserve the right to terminate without notice in urgent cases to protect the Platform or others (for example, an account engaged in criminal phishing attacks may be cut off immediately).
Upon termination of your account by either party:

Your right to access or use the account and Platform features ceases immediately. You should stop using the Platform. Any licenses or rights granted to you under these Terms will end.

We will remove or anonymize your Profile such that other users no longer see your personal information. For job seekers, your profile and CV will no longer be visible to employers. For employers, any active job ads may be taken down (if not already expired).

We may keep certain data for a limited period as needed for legitimate business interests or legal compliance. For example, we may retain logs or records of communications to investigate fraud or defend legal claims. We will handle personal data post-termination in accordance with our Privacy Policy and POPIA (e.g., not retaining personal info longer than necessary, securely destroying it when appropriate).

Any content you posted (like reviews, messages in communications with other users, etc.) might remain on the Platform in an anonymized form or if it has been shared (for instance, messages you sent to another user might remain in their inbox). We do not guarantee complete erasure of content you contributed, especially if it was public or shared with others, except for personal information which we will delete upon request in line with law.

If your account was terminated for breach, you are not entitled to any refunds for services already paid (to cover our administrative costs and the breach). Any pending job posts or services in progress may be canceled. You also may not be allowed to re-register without our permission.
If you believe your account was terminated or suspended in error, you may contact EmployTree support to request a review. We will evaluate the circumstances and, at our discretion, may reinstate the account if we find a mistake or if adequate assurances of future compliance are given. However, EmployTree is not obligated to reinstate accounts terminated for cause.
Even after termination, certain provisions of these Terms survive, including but not limited to: Intellectual Property (we still own our IP and you still own yours), Payments (we can still collect any owed fees), Liability and Disclaimers, Indemnity, and Governing Law & Dispute Resolution.
If you simply wish to stop using the Platform temporarily, note that you can adjust your profile visibility or notification settings without deleting the account. For complete deletion (especially of personal data), please follow the proper procedure. EmployTree will, upon verified request, delete your personal data except where we have lawful grounds to retain it (such as transaction records for financial auditing, or log data for legal compliance). We will confirm when deletion is completed. Keep in mind that search engines or other caching services might still retain copies of your publicly available info (like a job ad that was indexed), which is beyond our control.

In sum, termination is a measure we hope we don’t have to take often. We value our user community and will generally try to work out issues. But we must ensure the platform remains safe and compliant, so serious or persistent violations will lead to loss of account privileges.

Reporting and Enforcement

EmployTree is committed to maintaining a lawful and trustworthy platform. We encourage users to report any violations or concerns. This section outlines how to report issues and how we enforce these Terms and policies.

If you encounter content or behavior on the Platform that you believe breaches these Terms, our Privacy Policy, or any law, please notify us. Examples of reportable issues include:

Suspicious or fraudulent job postings (e.g., posts asking for upfront payment, personal banking info, or that appear to be scams).

Harassment or abuse by another user via messages or in job postings.

Discriminatory or illegal job advertisements (e.g., a posting that requires a certain race or gender without justification).

Profiles that you suspect to be fake or misrepresentations (like someone using another person’s identity or credentials).

Security vulnerabilities or incidents (if you suspect your account was compromised, or notice something like a data breach).

Copyright or intellectual property infringement (if your own content was posted by someone else without permission, etc.).

To report any such issues, you can use the following channels:

Report Button: We may have in-platform “Report” or “Flag” options next to job ads or profiles for quick reporting. Use those to send us a notification of the specific item and issue.

Contact Form/Email: You can email our support team at (support email address) or use the contact form on our website. Please include as much detail as possible, such as usernames involved, job post title or URL, dates, and a description of the issue. If reporting a legal issue like IP infringement, you may need to provide specific statements or proof (we will guide you through that process, e.g., a copyright infringement notice under the Digital Millennium Copyright Act or equivalent).

Information Regulator or Other Authorities: For privacy-specific complaints, you may also contact the South African Information Regulator (see below) or other relevant authorities. However, we kindly request you give us the chance to address your concern first.

We have a Designated Agent for legal notices (like defamation takedown demands or copyright notices). Such notices can be sent to: [EmployTree Legal Department, (physical address), email for legal notices]. We will respond as required by law.
Upon receiving a report or otherwise becoming aware of a potential violation, EmployTree will investigate the matter. Our enforcement actions may include one or more of the following:

Content Removal or Edit: If content (job description, profile info, comments, etc.) violates our Terms or the law, we may remove it or request the user to edit it. For example, if a job ad has a discriminatory phrase, we might remove the ad or require the employer to change it before reposting. We maintain a takedown process for unlawful content, including processing formal complaints (e.g., if a court declares certain content unlawful, we will remove it promptly as per ECTA requirements). We also comply with any valid take-down notices under ECTA Section 77.

Warning or Notice: For less severe or first-time issues, we may issue a warning to the user in question, explaining the violation and requiring corrective action. The user will have an opportunity to respond or rectify the issue. We aim to educate users when possible.

Account Suspension or Termination: As described in the Termination section, serious or repeated violations will result in suspension (temporary blocking of access) or termination (permanent ban) of the user’s account. Account termination is typically accompanied by an email notice stating the reason. Suspended users may be given steps to appeal or to come into compliance.

Reporting to Authorities: If any user activity potentially constitutes a crime (such as fraud, hacking, distribution of child pornography, human trafficking recruitment, etc.), EmployTree may report it to the South African Police Service or other appropriate authorities. Under the Cybercrimes Act, certain offences (especially those involving our systems or data breaches) might obligate us to report to law enforcement within 72 hours. We will cooperate with law enforcement or regulatory investigations as legally required.

Informing Affected Parties: In events such as data breaches or unlawful data disclosures, POPIA requires that we inform the Information Regulator and affected data subjects (users) of the incident. We will do so in accordance with POPIA’s breach notification rules.
We treat reports seriously and, if requested, will keep the identity of a reporting user confidential (except as needed to investigate or if legally compelled to disclose). We do not retaliate against users for reporting issues in good faith. If you are unsure whether something violates the Terms, it’s okay to report it and we will make an assessment.
If you believe your personal information has been handled in a manner that violates POPIA, you have the right to lodge a complaint with the South African Information Regulator. Their contact details are as follows:

Information Regulator (South Africa) – JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.
Phone: +27 (0)10 023 5200,

Email: complaints.IR@justice.gov.za (or see the Information Regulator’s website inforegulator.org.za for the latest contact methods and complaint forms).

Before contacting the Regulator, we encourage you to reach out to us (EmployTree’s privacy/complaints officer) at our support email. We will do our best to resolve your concern promptly and fairly. If you are not satisfied with the outcome, you can then escalate the matter to the Regulator.
If you have a consumer-related complaint (e.g., regarding our service quality, billing, etc.), you may also have the option to approach the Consumer Goods and Services Ombud (if applicable) or file a complaint with the National Consumer Commission under the CPA. We commit to address any such complaints diligently if forwarded to us.
Users are expected to cooperate in any investigation we undertake. For instance, if we receive a complaint about a job posting, we may ask the employer for additional information or documentation to verify compliance with law (e.g., proof that a job requiring a certain attribute is an “inherent requirement” to defend against a discrimination claim). Failure to cooperate or providing false information during an investigation can itself be grounds for enforcement actions.
If we remove content or suspend an account based on a report, we will generally notify the affected user of the action and give a brief explanation (unless providing such details would violate someone else’s privacy, tip off a criminal investigation, or other considerations). Users who believe their content was wrongfully removed can contact us to object and present their case. We’ll review appeals fairly, but our decision on enforcement is final.

Our goal with reporting and enforcement is not to police users aggressively, but to ensure our Platform remains safe, lawful, and respectful. We appreciate the community’s help in identifying issues, and we strive to apply these policies consistently and transparently.

Governing Law and Jurisdiction

This agreement and any dispute arising out of or in connection with the use of the EmployTree Platform or these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any conflict of law principles. By using the Platform, you expressly agree that South African law applies to all interactions between you and EmployTree, as well as between users to the extent that disputes are related to the use of the Platform.
You consent to the jurisdiction of the courts of South Africa. In particular, both EmployTree and the user (you) agree to submit to the non-exclusive jurisdiction of the South African courts for the resolution of any disputes. “Non-exclusive jurisdiction” means that while the primary forum for any dispute will be South African courts, we reserve the right to institute proceedings against you in any other jurisdiction appropriate under international law if you are domiciled outside South Africa or the circumstances require (for instance, to enforce a judgment or injunction).For clarity, if you are a user located in South Africa, any legal action arising from these Terms or your use of the Platform will likely be brought in the High Court of South Africa or a court of competent jurisdiction in the region where EmployTree is based or where you reside (depending on the nature of the claim and jurisdictional rules). If the amount in dispute falls within the monetary limit of the Magistrate’s Court or Small Claims Court, one of those courts may be used. Nothing in these Terms prevents either party from seeking relief in a small claims tribunal or through agreed alternative forums if applicable and permitted by law.
Before resorting to litigation, we strongly encourage that parties first attempt to resolve disputes amicably. In the event of any controversy or claim arising out of these Terms or the Platform, the aggrieved party should provide written notice to the other party describing the issue in detail. The parties should then attempt in good faith to negotiate a resolution. If direct negotiation fails, the parties may agree to try to resolve the dispute through mediation (for example, using an independent mediator from organizations like AFSA or Tokiso in South Africa). Mediation is not binding but can often help reach a settlement. Each party will share the costs of mediation equally, unless agreed otherwise.
If a dispute cannot be resolved by negotiation or mediation, either party may proceed to legal action. As noted, you or EmployTree may choose to bring the matter in an appropriate South African court. Both parties agree that litigation (if it occurs) will be conducted in an individual capacity and not as a class action, to the extent permissible (i.e., you agree not to combine your claim with others in a class or representative proceeding without both your and our consent, except where such restriction is not allowed by law).
Notwithstanding the above, both parties acknowledge that breaches of certain sections (like Intellectual Property or Confidentiality obligations, if any) may cause irreparable harm for which monetary damages would be inadequate. In such cases, the aggrieved party is entitled to seek equitable relief (such as an injunction or specific performance) from a court of competent jurisdiction, in addition to any other remedies available.
EmployTree’s Platform is intended primarily for use in South Africa (as our job listings and data privacy compliance are geared to SA law). We do not warrant that the Platform is compliant with foreign laws. If you access the Platform from outside South Africa, you do so at your own risk and are responsible for compliance with the local laws of your jurisdiction. However, these Terms remain governed by South African law regardless of your location. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

By agreeing to these Terms, you confirm that you understand the choice of law and jurisdiction clauses and agree to resolve any disputes in accordance with them. This section does not limit any right you have under applicable consumer protection laws to bring or defend a claim in the jurisdiction of your residence if those laws so require (CPA allows certain local actions).

Changes to These Terms (Updates)

EmployTree may update or revise these Terms of Use from time to time. As our business evolves and laws change, we may need to modify certain sections or add new provisions to ensure continued compliance and improved user experience. We reserve the right to amend these Terms at any time. When we do so, we will post the updated Terms on our website with a new “Effective Date” indicating when the changes are effective. Changes will not apply retroactively; they will become effective from the stated effective date onward. However, any changes made to comply with legal requirements may take effect immediately or as required by law.
If we make material changes to the Terms, we will take reasonable steps to notify users. “Material changes” are those that affect your rights or obligations (for example, changes to liability clauses, new fees, etc.). Notification methods may include:

Posting a prominent notice on our homepage or within the Platform interface about the forthcoming changes.

Sending an email to all registered users (to the email address associated with your account) summarizing the changes.

Other channels such as an in-app alert or banner.

We will do this notification at least 10 days before the new Terms become effective, whenever feasible, to give you time to review. In some cases involving significant changes or where required by law (e.g., changes to comply with legislation), we might provide a longer notice period (e.g., 30 days). Minor changes (such as clarifications, corrections, or changes that do not negatively impact users) may be posted without advance notice, but we will still update the effective date.
By continuing to use the Platform after an update to the Terms is effective, you will be deemed to have accepted the revised Terms. If you do not agree with any changes, you should stop using the Platform and may terminate your account before the new Terms apply. We will remind users of this in the change notice. For any user who has paid for services that extend beyond the change effective date and who objects to the changes, please contact us – we will discuss possible remedies, which might include honoring the old Terms for the remainder of an existing service period or providing a pro-rated refund if appropriate and required to resolve the disagreement.
We encourage you to review the Terms periodically for any updates. The latest version of the Terms will always be accessible on our website (likely in the footer or legal section) and will supersede all previous versions. We may also maintain an archive or changelog of past terms for reference.
Changes to these Terms might coincide with updates to other policies (Privacy Policy, Cookie Policy, etc.). We will similarly notify or highlight those changes. However, a change in one policy (like Privacy) does not necessarily require a change in these Terms unless stated.
If any provision of these Terms is held invalid or unenforceable by a court of law, the remaining provisions will remain in effect. A change or removal of a certain clause in an update does not imply that previous breaches under that clause are waived or excused. Similarly, any failure by EmployTree to enforce a provision of these Terms at any time does not mean we waive the right to enforce it in the future.

In summary, we’ll do our best to keep you informed of your rights and obligations by keeping our Terms up to date, and we’ll be transparent when we do make changes. Your trust is important to us, and we don’t take it for granted. If you have questions or concerns about any update, our support team is here to help clarify.