Terms of Service
1.1. The website https://wamly.io/ and the software application accessible through the Website at http://app.wamly.io (collectively “the Website”), which software application comprises the Services are operated and/or owned by Wamly (Pty) Ltd (bearing registration number: 2019/233155/07) (hereinafter referred to as “Wamly”, “we”, “our” or “us”). The Terms herein are entered into by and between Wamly and the User. Any reference to “Wamly “, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Terms. In the modification of the Terms we shall advise Users of any changes by popup or other notification on the Website or via email. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
2.1. “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or has not used the Services offered by us;
2.2. “Candidate” shall mean a person who may be interviewed by a Company using the Software Application;
2.3. “Company” shall mean a company, other entity or person which/who signs up to the Website with the intention of using the Software Application to interview Candidates in consideration for payment of the Fees;
2.4. “Fees” shall mean the amount payable by a Company to us in consideration for the utilisation of the Services, as set out on our Website;
2.5. “License” shall mean the non-transferrable, non-exclusive, limited, and revocable license to access the Software Application as granted by us to the User as more fully set out in clause 3 below, which for the avoidance of doubt, shall be construed as Wamly’s intellectual property.
2.6. “Log in Details” shall mean the User’s unique username and password used to make use of the Services;
2.7. “Party” or “Parties” shall mean Wamly, Browser and/or the User as the context implies;
2.8. “Personal Information” shall mean the Personal Information as required from a User or Browser in order to register for the Services or make use of the Website;
2.9. “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable it to make use of the Services and thus make the transition from a Browser to a User;
2.10. “Service Level Agreement” shall refer to the agreement entered into by a Company and us as near as possible in time or simultaneously to the Company following the Registration Process, in order that a Company may make use of the Services;
2.11. “Services” shall refer to the function of the Software Application provided by us to the User as set out in clause 4 below;
2.12. “Software Application” shall mean the video interview application as subscribed to by a Company, through the Website, and which comprises the Service;
2.14. “User” shall mean a Company and/or a Candidate; and
2.15. “Website” shall mean the website as owned by Wamly on which the Services are offered and which comprises both the Website together with the Software Application,
2.16. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. Your agreement to these Terms
3.1. Subject to, and on the basis of a User’s or Browser’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website and Software Application in accordance with the various policies and agreements which may govern such use and access.
4. Description of our Services
4.1. The Service allows for a Company to both invite Candidates to interviews and conduct interviews with Candidates through the use of the Software Application in accordance with the Service Level Agreement.
5. Registration Process
5.1. In order to access the Services, a User is required to register for same on the Website.
5.4. In the event of a User being of the view that its Log in Details are being used by someone else, please contact us immediately at firstname.lastname@example.org.
6. Access to the Services
6.1. Once registration has taken place, the Services shall commence, with the Company’s responsibilities to us, and our responsibilities to the Company, being governed by the Service Level Agreement.
7. Discounts and Promotions
7.1. Although we will not be running promotions or providing discounts on a regular basis, we do reserve the right to run promotional campaigns and provide discounts to Companies on an ad hoc basis.
8. Warranties by the User
8.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible by logging on to the Website and editing its Personal Information through the “edit information” tab. Prior to the change being effected by us an email or SMS will be sent to the User requesting confirmation that it is in fact the User who is editing the Personal Information.
8.2. The User further warrants that when registering on the Website it:
8.2.1. is not impersonating any person; and
8.2.2. is not violating any applicable law regarding use of personal or identification information.
8.3. Further and insofar as the Registration Process is concerned, the User warrants that the Log in Details shall:
8.3.1. be used for personal use only; and
8.3.2. not be disclosed by a User to any third party.
8.4. For security purposes the User agrees to enter the correct Log in Details whenever utilising the Services, failing which access will be denied.
8.5. The User agrees that, once the correct Log in Details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any amounts that may become due and owing as a result of such Log in.
9. Warranties by Wamly
9.1. We make no representation or warranty (express or implied) that the Website or Services will:
9.1.1. meet a User’s needs;
9.1.2. be accessible at all times;
9.1.3. be accurate, complete or current; or
9.1.4. be free from viruses.
9.2. Subject to any express terms, Wamly makes no representation or warranty as to the volume or subject area of Services accessible through the Website or the Software Application.
9.3. Except for any express warranties in these Terms the Services are provided “as is”. Wamly makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website or the Services.
9.4. We do not warrant that the use of the Website and/or the Services will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.
9.5. We shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
10. Protection of Personal Information
11. Unauthorised use of the Website, the Services or email addresses as provided by us
11.1. A User or Browser may not use the Website, the Software Application or the Services for any objectionable or unlawful purpose.
11.2. A User or Browser is not able to upload any information onto the Website save for the Personal Information as required when completing the Registration Process.
11.3. A User or Browser undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
11.4. A User or Browser shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
11.5. A User or Browser may not sell, redistribute or use information contained on the Website or in respect of the Services for a commercial purpose without our prior written consent.
11.6. A User or Browser may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
11.7. A User or Browser may not distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.
11.8. A User or Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.
12. Links to other Websites
12.1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
13. Limitation of Liability and Indemnity
13.1. The Website and Services shall be used entirely at a User’s and/or Browsers own risk.
13.2. We are not responsible for, and the User and/or Browser agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website or the Services, in any circumstance.
13.3. We cannot guarantee or warrant that any file downloaded from the Website or the Software Application or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User and/or Browser is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
13.4. A User and/or Browser indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website or the Services, including any breach by a User of these terms or any applicable law or licensing requirements.
13.5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s and/or Browser’s use of the Website or the Services.
13.6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User and/or Browser will be limited to the minimum amount imposed by such law.
13.7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.
14.1. The contents of the Website and the Software Application is the property Wamly, unless specified otherwise, and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
14.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
14.3. Users and Browsers are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
14.4. The User and/or Browser is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates or Services in a false, misleading, derogatory, or otherwise offensive manner. A User and/or Browser may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
14.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website and the Software Application are the exclusive property of Wamly.
15. Intellectual Property
15.1. A User and/or Browser undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website and/or the Software Application including any algorithm used by us.
15.2. We own or are licensed to use all intellectual property on the Website together with the Software Application. A User and/or Browser may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
16.1. Assignment and novation:
16.1.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User and/or Browser may not assign or novate any of his/her rights.
16.2.1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
16.2.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms.
16.3.1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
16.4. Domicilium Citandi Et Executandi and Contact Information
16.4.1. The User and/or Browser and Wamly choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
188.8.131.52. Wamly (Pty) Ltd
356 Rivonia Boulevard
The address as provided when registering for the Services and/or Website.
16.4.2. Users, Browsers and/or Wamly may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
184.108.40.206. All notices to be given in terms of these Terms will:
220.127.116.11. be given in writing;
18.104.22.168. be delivered or sent by email; and
22.214.171.124. be presumed to have been received on the date of delivery.
16.4.3. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
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