Your use of our website and application indicates your acceptance without modification of these terms, which will constitute a legal agreement between you and W4A (Pty) Ltd ta Work4all hereinafter W4A. If you do not want to be bound by these terms, you must not use the services provided via the website or application or do not click-Accept these Terms and Conditions.
By clicking “Accept Terms and Conditions” you acknowledge that you have the authority to enter into this Agreement or if you are accepting on behalf of a legal entity that you have the Authority to enter into a binding agreement on behalf of the Legal Entity.
- In this Agreement, unless the context otherwise indicates
- "Agreement" – these terms and conditions together with all annexures and/or schedules hereto, as amended by W4A from time to time;
- "Business Day" – any day other than a Saturday, Sunday or public holiday officially recognised as such in the Republic of South Africa;
- "Commencement Date" – the date on which you agree to be bound by the Agreement by way of electronic medium, for example by clicking “Signup” on a web page or via your mobile device;
- "Confidential Information" – any trade secret and any other information or other data, whether in written, oral, graphic or any other form, which either Party ("Disclosing Party") discloses or provides to the other Party, or which otherwise becomes known to either Party through the Website or Application or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to a Service Provider;
- “Contractor” will be the individual or service that provides a service to the User.
- "W4A" – Proprietary Limited with registration number 2012/122556/07, a private company registered in South Africa;
- "Work4all App" – the Work4all App which can be downloaded from the Apple App Store or Google Play;
- "Intellectual Property Rights" – all patents, trademarks, trade names, logos, service marks, designs, design rights, copyright (including all copyright in any designs and software), source code, inventions, trade secrets, Confidential Information and all other intellectual property rights and rights of a similar character in and to, or the subject matter of which relates to the Services and the Website or Application (whether or not same are registered or capable of registration) and all applications and rights to apply for protection of such rights, and including without limitation copyright in the Services and the Website or Application, all the usual documentation associated with the Services and the Website or Application, and all upgrades, new versions, modifications and enhancements of the Services and the Website or Application, from time to time;
- "Parties" – W4A and the User of the website or platform ;
- "Website or Application" – the W4A Website or Application consisting of:
1. the website located at www.work4all.co.za
2. the W4A App;
- "Profile" – the User's personal profile created by him/her on the Website or Application;
- "Services" – the services provided by the contractor or service or related services, which the Contractor/ Service Provider will provide to Users using the Website or Application;
- "Service Provider" – the person or company displaying a Service Provider's profile on the Website or Application and which will provide the Services;
- "Users" – you, the subscriber to the Website or Application who are the end users of the Services.
- This Website or Application enables a connection between individuals (Users) seeking to obtain certain services and individuals seeking to provide certain services (Contractors). The Website or Application therefore creates an intermediate environment where Contractors/Service Providers can upload Profiles and market their skills, services and availability to Users. It is specifically recorded that neither the Website or Application nor W4A acts as a temporary employment service provider.
- Users can use the Website or Application subject to the terms of this Agreement and at its own risk.
3. Becoming a User of the Website or Application
- The User shall register as a User by uploading his/her particulars onto the Website or Application in order to create a Profile or by using their Facebook account to sign in to the Website or Application. The User warrants that all information provided on the Website or Application by the User shall be correct and up to date.
- The User shall read and then accept this Agreement. Should the User not agree to the terms of this Agreement, then the User should not create a Profile on or user the Website or Application.
- If the User did not sign in with his/her Facebook account, then W4A will issue a user name and password to the User in order to enable the User to gain access to and/or use the Website or Application. The User will not be able to access and/or use the Website or Application without a user name and password.
- The User agrees that:
- he/she will use the user name and password for his/her own personal use only, in other words, the User shall not share his/her username or password with another user;
- he/she will not disclose the user name and password to any other person for any reason whatsoever;
- in the event that his/her password are compromised, he/she will immediately notify W4A and change the password.
- W4A will not be responsible for any loss arising due to a third party gaining access to the Profile or password and accordingly the User indemnifies W4A from any loss the User may suffer as a result thereof.
- The User warrants that he/she is 18 years or older and there is nothing preventing him/her from entering into and complying with this Agreement.
4. Obligations and Undertakings of the User
- The User shall under no circumstances, at any time engage with or contact a Service Provider (individual or company) other than through the Website or Application, failure to comply with this provision may result in the User's Profile being removed from the Website or Application. In the event of the Individual User user wanting to appoint a Contractor directly the User should notify W4A and a recruitment fee of R 750-00 per contractor will be payable to W4A. Failing to notify W4A will result in penalties of R 750-00 x 12 which will be immediately payable.
- In the event that the User fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to W4A's rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), W4A will be entitled to claim and the User will be liable for all losses, damages and costs suffered or incurred by W4A as a result thereof.
- The Contractor/Service Provider is not in any way affiliated with W4A. In other words, the Service Provider is not an employee, representative, agent or contractor of W4A. W4A shall in no way, manner or form be regarded as a temporary employment service provider. It is therefore the User's sole responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the Service Provider and to enter into an appropriate agreement with the Service Provider. For the avoidance of doubt, W4A shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
- It is the Users responsibility to make payment to the Contractor/Service provider (individual) after the service has been provided and without deductions directly to the Contractor/Service Provider.
- W4A checks the backgrounds of cleaning service providers via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Contractors/Service Providers. When interacting with Contractors/Service Providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. By using W4A, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither the company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. The company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
- It is the User's responsibility to ensure that it complies with all applicable laws.W4A is not an employment service and does not serve as an employer of any User or Service Provider. As such,W4A will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with the use of these Services. You understand and agree that if W4A is found to be liable for any tax or withholding tax in connection with these Services, then the User will immediately reimburse and pay to W4A an equivalent amount, including any interest or penalties thereon.
- The User will:
- choose the hours of work as required by the specific task to be undertaken.
- precisely state the task/s to be undertaken and ensure that the Contractor understands by repeating the instructions ;
- in the event of the Contractor being utilised for more than 40 hours per month (5 days pm) during a three months period the person is regarded as a permanent employee of the User and a placement fee wil become payable to W4A as the Contractor becomes economically dependent on the income from the user and forms part of the organisation of the user. The user will then become liable to make all payments/deduction in terms of Labour and Tax legislation ;
- The User is to provide the contractor with the required equipment to execute the tasks ; and
- The Contractor will not provide services exclusively to one user unless permanently employed by the User.
- This Agreement will commence on the Commencement Date and will endure until terminated by:
- the Individual User at any time by deleting the Profile from the Website or Application. This will exclude corporate customers who may only terminate after the chosen contract period or by payment of all fees outstanding in terms of the remaining period;
- W4A at any time by deleting the Profile from the Website or Application, in it is sole discretion.
- In the event that W4A decides to discontinue the Services, this Agreement will terminate and the User shall have no claims whatsoever against W4A as a result thereof.
- W4A makes no recommendations regarding fees or charges payable to the Service Provider. Fees for Contractors are based on a minimum wage per industry and the User may not pay less than indicated on the W4A app or website.The User shall pay the Contractor/Service Provider the fees directly as agreed to on the Website or Application by him/her from time to time ("Fees") with the individual or as agreed with the contractor.
- If the User mandates W4A to make payment of the Fees on behalf of the User and then to make payment on behalf of the User to the Service Provider an additional admin fee of R 80 will apply. This will only be applicable in cases where the user is not capable of making payment directly to the Contractor or service Provider. W4A shall release the Fees, less the booking fee, to the Service Provider once the booked shift has ended
- Users will remain liable for the Fees for any booking cancelled by the User where the User gave the Service Provider less than 24 hours prior notice.
7. Security and Privacy
- W4A will take whatever action W4A may deem necessary and reasonable to preserve the security and reliability of its Website or Application.
- The User may not utilize any service in any manner which may compromise the security of the Website or Application, or any other network connected to the Website or Application.
- W4A takes reasonable steps to secure the User's payment information. W4A uses a third party payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
8. Communication, Complaints Handling And Dispute Resolution
- Complaints must be submitted to W4A and will be dealt with by W4A in accordance with the provisions of this clause. This excludes any disputes relating to the relationship between the Service Provider and User. W4A will not be a party to disputes between the User and the Service Provider.
- Without prejudice to the User's rights in law, the User is required, to first approach W4A with any complaint or dispute (excluding any dispute relating to the employment relationship between the Service Provider and User) and afford W4A an opportunity to resolve a compliant before the User approaches any relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated below.
- Please direct all complaints to your relevant agent. The User's complaint should include the following
- the User's name and surname;
- the User's username;
- the date on which the complaint arose; and
- a brief description of what gave rise to the complaint.
- In the event of a billing complaint the User should also include the following
- the reason for the dispute;
- the amount in dispute; and
- supporting information or documentation, if any.
- The User may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in below, for resolution of the dispute, should the User not be satisfied with the proposed resolution of the dispute by W4A.
- Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
- The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due date and/or fails to appear at the arbitration.
- The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
9. Intellectual Property Rights
- The User irrevocably acknowledges and agrees that any and all rights in and title to the Website or Application, including all of the software, trademarks, copyright and other Intellectual Property Rights used or embodied in or in connection with the Website or Applications, are and will remain the sole property of W4A and that no Intellectual Property Rights therein are granted or assigned under this Agreement.
- You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the Website or Application, for your own personal and non- commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties.
- Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from the Website or Application.
- W4A grants the User a non exclusive, non transferable, right to use the Website or Application, subject to the terms and conditions of this Agreement.
Having regard to the definition of "Confidential Information" in 1.5 and in order to protect the proprietary interests of both Parties to their Confidential Information and trade secrets, the Parties shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or the Service Provider and shall not use, copy, disseminate or in any other manner whatsoever deal with the Confidential Information, or divulge or disclose the Confidential Information to any third party.
11. Disclaimer of Warranties
- The User expressly understands and agrees that
- W4A will use reasonable endeavours to make the Website or Application available to the User and to maintain the availability thereof for use by the User. However, the User's use of the Website or Application is at the User's sole risk. The Website or Application is provided on an "as is" and "as available" basis. W4A expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non infringement;
- W4A makes no warranty that the Services will meet the User's requirements. W4A will not assess the suitability, legality or ability of the Service Provider (individual or contractor) and the User expressly waives and releases W4A and it owners directors and employees from any and all liability, claims or damages arising from or in any way related to the Services or the Service Provider (including, without limitation, any theft or damage to property, person injury or the negligence, conduct or performance of the Service Provider).
- W4A will not be a party to disputes between the User and the Service Provider.
- The User hereby unconditionally and irrevocably indemnifies W4A and agree to hold W4A harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by W4A or instituted against W4A as a result of (without limitation):
- User's use of the Website or Application;
- Service Provider's (individual or contractors) behaviour towards Users or the provisioning of the Services to Users;
- User's conduct towards a Service Provider;
- User's loss of his/her password;
- User's failure to comply with the terms of this Agreement;
- any unavailability of, or interruption in the Website or Application;
- any other cause whatsoever relating to W4A's provision of the Website or Application to the Service Provider.
13. Limitation of Liability
- W4A will not be liable to the User, whether in contract, delict or otherwise, for any indirect or consequential damages including (without limitation) loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the Parties at the time of the conclusion of this Agreement.
- Notwithstanding the provisions of this Agreement, should W4A be found to be liable for a claim resulting from this Agreement, then in no event shall W4A's aggregate liability exceed the amounts actually paid by the User to the Service Provider in the six (6) month period immediately preceding the event giving rise to a claim.
14. Amendment of this agreement
W4A reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on the Website or Application together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the User's obligation to visit the Website or Application on a regular basis in order to determine whether any amendments have been made. User's use of the Website or Application after changes are posted shall constitute acceptance of any changed or additional terms.
- The Parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the Parties.
- No indulgence, leniency or extension of time which W4A may grant or show to the Userr shall in any way prejudice W4A or preclude W4A from exercising any of its rights in the future.
- The User may not transfer, assign or otherwise delegate any of its rights or obligations under this Agreement, including, without limitation, by engaging subcontractors. W4A shall be entitled to cede its rights and delegate its obligations under this Agreement without the consent of the User.
- This Agreement shall be governed by the laws of South Africa. The User hereby consents to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by W4A arising out of this Agreement, provided that W4A shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Userr consents to the jurisdiction of such court.
- The physical address where W4A will receive legal service of documents/ domicilium citandi et executandi is the following: Unit 1, P26 Protea Ave C –Place, Jeffreysbay, 6331.