terms of
use
terms of
use
1. General
The use of the App, operated by Peezjob (Proprietary) Limited, registration number 2025/311014/07 (“Peezjob” or “the App”) will be governed by these terms and conditions. These terms and conditions shall take precedence over any other terms and conditions, and may only be altered with the express written agreement of Peezjob. Any conflicting statements shall be null and void, unless such special terms have been expressly agreed to in writing by Peezjob.
2. Interpretation
In this agreement unless the context indicates a contrary intention –
2.1. clause headings are for convenience only and shall not be used in its interpretation;
2.2. an expression which denotes any gender includes the other genders and a natural person includes an artificial person and vice versa;
2.3. the singular includes the plural and vice versa.
2.4. Unless inconsistent with the context, the expressions set forth below shall bear the following meanings:
2.4.1. “App” means the “Peezjob App”, downloaded at any “App Store” where it is available, and which is used by job seekers to advertise services, and service seekers who desire appointing someone to perform certain services for them. Where relevant, use of the term “App” includes the Website;
2.4.2. “Agreement” means this Agreement and any other addendums, annexures or documents, which constitutes the entire agreement between the parties with regards to the subject mater contained herein;
2.4.3. “Information Officer” means the Information Officer of Peezjob, appointed in terms of the Protection of Personal Information Act (“POPI”), or any other such authorised representative of the entities until such time as an Information Officer is formally appointed after the implementation of POPI;
2.4.4. “Parties” means Peezjob and the User;
2.4.5. “PayFast” means the PayFast integrated payment platform, owned and operated by PayFast (Pty) Ltd;
2.4.6. “Services” means any services associated with the App, namely the provision of the platform connecting job seekers and service seekers;
2.4.7. “Software” means the software on the App, made up of source code and object code, that allows the App to function as desired;
2.4.8. “User” means the Party accessing the App or Website, and who may be either a job seeker or a service seeker;
2.4.9. “Website” means http://www.peezjob.com.
2.5. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.
2.6. Unless inconsistent with the context or save where the contrary is expressly indicated:
2.6.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this interpretation clause, effect shall be given to it as if it were a substantive provision of this Agreement;
2.6.2. a reference to “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “Business Day” shall be any day other than a Saturday, Sunday or official public holiday in the Republic. Any reference to “business hours” shall be construed as being the hours between 08h30 (eight hours and thirty minutes) and 17h00 (seventeen hours) on any Business Day. Any reference to time shall be based upon South African Standard Time;
2.6.3. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;
2.6.4. in the event that the day for payment of any amount due in terms of this Agreement should fall on a day which is not a Business Day, the relevant day for payment shall be the subsequent Business Day;
2.6.5. in the event that the day for performance of any obligation to be performed in terms of this Agreement should fall on a day which is not a Business Day, the relevant day for performance shall be the subsequent Business Day;
2.6.6. any reference in this Agreement to this Agreement or to any other agreement or document shall be construed as a reference to this Agreement or (as the case may be) such other agreement or document, as the same may have been, or may from time to time be, amended, varied, novated or supplemented;
2.6.7. no provision of this Agreement constitutes a stipulation for the benefit of any person who is not a party to this Agreement;
2.7. The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of this Agreement, shall not apply.
2.8. The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.
2.9. The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2.10. The appendices and schedules to this Agreement form an integral part hereof and words and expressions defined in this Agreement shall bear, unless the context otherwise requires, the same meaning in such appendices and schedules.
3. Appointment And Duration
3.1. This Agreement commences once there has been access to the App or engagement between Peezjob and the User, such as registration of a profile per 5, and any other ancillary use of the Services and the App.
3.2. Clauses 13,14,15 and 16 as well as such other clauses which are intended to survive termination as set out below, shall survive termination of this Agreement for any reason.
4. The App
4.1. The App provides a platform where Users may advertise their services (“Job Seekers”). Users that are seeking to make use of certain services (“Service Seekers”) will utilise the App to find appropriate service providers to perform their required tasks
4.2. The Parties record and agree that Peezjob shall, at anytime during the term of this Agreement, be entitled to appoint and/or terminate the services of associates or third parties provided that such appointment and/or termination shall not be materially detrimental to Peezjob’s performance of its obligations in terms of this Agreement.
5. Profiles of Job Seekers and Service Seekers
5.1. Job Seekers and Service Seekers (collectively “Users”), shall register their profile and indicate whether they are a Job Seeker or a Service Seeker.
5.2. Upon registering their profiles, Users will be required to initially send a One-Time-Password to their elected cellphone number. This will allow the App to verify their contact details.
5.3. Users will be able to verify themselves utilising the in-App verification service. This verification will verify their identity documents against Home Affairs. Non-South African citizens are still able to register, however they may not be able to verify their passports.
5.4. Job Seekers will be required to upload a 20 second introduction video under their profile in order to advertise their service offering. Job Seekers can also include any additional relevant information regarding their experience and qualifications.
5.5. Job Seekers will further include their rate card displaying the rates for specific services.
5.6. Job Seekers may include pictures of recent services they have performed, however, they may only do so with express consent of the Service Seeker. Service Seeker’s will have the ability to consent to photographs being taken of services taken on their property, particularly where personal information or property may be displayed. Service Seekers are entitled to with-hold publication of these images and will be entitled to report the Job Seeker for a breach of this provision, which may result in the Job Seeker’s profile being blocked.
5.7. Service Seekers will use the search function to locate Job Seekers offering the required services in their proximity.
5.8. The Service Seeker will select the service offered by the Job Seeker that they wish to utilise, and if accepted by the Job Seekers, the Service Seeker will be directed to the payment portal on the App.
6. Payment
6.1. Payment via the App will be via Payfast.
6.2. The cost of the use of the services of the Job Seeker will be displayed for payment by the Service Seeker. The Service Seeker will be required to make payment within the App in order to secure the services of the Job Seeker.
6.3. The Service Seeker is able to keep their in-app wallet “topped-up” with an amount of funds of their choosing, allowing the Service Seeker’s wallet to simply be deducted when selecting services and not having to load funds into their wallet on every occasion.
6.4. The Service Seeker will be responsible for payment to the App for use of the App (“App Service Fee”). Payment of the App Service Fee payable will be based on a percentage of the value of the fee charged by the Job Seeker. The Service Seeker will be advised of the App Service Fee prior to booking the service.
6.5. The total fee charged on the App to the Service Seeker will accordingly be the rate of the Job Seeker and the App Service Fee. Should additional services be required whilst the Job Seeker is performing the services, the Job Seeker can include the additional charges within the App, for the Service Seeker to approve. Payment will then simultaneously be made from the Service Seeker’s wallet for these additional services.
6.6. No payment will be released to the Job Seeker until completion of the services booked by the Service Seeker.
6.7. The Job Seeker, after successful completion of the booked service, will close the job within the App, which will release the payment within the App.
6.8. The payment of the Job Seeker’s rate will then be released into the Job Seeker’s wallet within the App. The Job Seeker may then release payments into their nominated bank account as and when desired. It is the Job Seekers obligation to ensure that bank details are correct. Peezjob is not responsible for payment into an incorrect bank account.
6.9. Payment by Service Seekers may be made via Visa and MasterCard credit or debit cards, Instant EFT, and any other manner supported by Payfast. Payfast’s terms and conditions can be found at https://payfast.io/legal/general-terms-conditions/
6.10. User details will be stored by Peezjob separately from card details which are entered by the User on Payfast’s secure app or site.
6.11. Peezjob does not store credit card information.
6.12. Transactions will be acquired for Peezjob via Moja Pay who is PCI DSS Level 1 compliant, with enterprise-grade security, advanced fraud detection tools and standard 3DSecure 2 factor authentication.
6.13. You undertake that all details which you provide to us for the purpose of utilising the App are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the order.
6.14. All prices on the App will include or exclude Value-Added Tax (“VAT”), depending on whether or not the Job Seeker is a registered VAT Vendor. The Job Seeker should disclose whether their rate is inclusive or exclusive of VAT, and whether any additional VAT will be payable, at the prevailing rate, upon the Service Seeker confirming the booking.
7. Cancellations
7.1. Both Job Seekers and Service Seekers are discouraged from cancelling a booking, especially close to the booked date.
7.2. The Service Seeker may be penalised with a surcharge of 50% of the Job Seeker rate and App Service Fee should they cancel a booking on less than 12 hours notice. Cancellations on less than 2 hours notice may incur a surcharge of 75% of the Job Seeker rate and App Service Fee. The Service Seeker acknowledges that this cancellation fee is reasonable, as the Job Seeker may have turned down other opportunities during tht period.
7.3. Job Seekers are also discouraged from cancelling on Service Seekers, and repeat cancellations will be earmarked on the App, and may result in the Job Seeker’s profile being flagged and blocked.
8. Complaints
8.1. Service Seekers will be entitled to log a complaint within the App, should they believe that the quality of the services rendered are unsuitable.
8.2. Peezjob acts purely as a platform, however, it does endeavour to investigate and resolve any legitimate complaints of a Service Seeker.
8.3. Service Seekers are also encouraged to utilise the rating system of Job Seekers.
9. Referral Reward System
9.1. Peezjob is pleased to offer Users the Referral Reward System.
9.2. Service Seekers will be able to rate the services offered by the Job Seekers. Likewise, Job Seekers will be able to rate their interaction with a Service Seeker.
9.3. Users will gain preferential listing orders based on their rating, ensuring that Users are rewarded for performing well.
10. Verification and Vetting
10.1. Job Seekers are encouraged to display their qualifications, associations with any industry bodies, and experience on their profile.
10.2. Job Seekers are reminded that displaying any false qualifications, registrations or experience as a way to induce Service Seekers into appointing them, may constitute fraud.
10.3. Peezjob does not independently verify a Job Seekers qualifications and experience, and Service Seekers are responsible for vetting any claims made by Job Seekers.
10.4. Peezjob is purely a platform for bringing Job Seekers and Service Seekers together.
10.5. Should Peezjob be made aware that a Job Seeker has been in any way untruthful with their experience, qualifications, or registration to any bodies, Peezjob in its sole discretion will block and delete the profile of the Job Seeker, and with-hold any unreleased payments of the Job Seeker.
11. Software Updates and Maintenance
11.1. Peezjob will maintain the App Software on regular intervals.
11.2. Users will be notified when newer versions of the App is available for download. It is the User’s obligation to ensure that they utilise the latest version of the Software. Peezjob is not responsible for a User failing to update the Software and any failures in performance of any outdated Software.
12. Non-circumvention
12.1. Users will only engage through the App.
12.2. Users should not engage outside of the App to independently and privately arrange for services to be rendered.
12.3. Should Peezjob, in its sole discretion, believe that Users are making arrangements to engage privately, Peezjob will delete both Users profile and prevent them from creating new profiles in the future.
13. Confidentiality
13.1. Subject to clause 13.2, both Parties shall at all times treat all information in connection with and/or relating to the other Party, its business and all matters incidental thereto and which was if in writing, marked ‘confidential’ or similarly; and/or if disclosed orally, was confirmed at the time of such disclosure as constituting confidential information and was confirmed in writing within 14 days as constituting confidential information, (“the Confidential Information”), as strictly confidential and shall not, without the prior written consent of the other Party (which consent may, for the avoidance of doubt, be withheld in the unfettered discretion of such other Party) disclose such Confidential Information to any Party, and/or make use of such Confidential Information for any purposes other than in connection with the rendering of the Services.
13.2. Each Party may disclose Confidential Information to its officers, employees and sub contractors but only to the extent required for the purposes of the rendering of the Services pursuant to the provisions hereof. Each Party shall inform any officer, employee or sub contractor to whom it provides Confidential Information, that such information is confidential and shall instruct them to keep it confidential and not to disclose it to any third party (other than those persons to whom it has already been disclosed in accordance with the terms of this Agreement), on the basis that the disclosing Party is responsible for any disclosure, in breach of this 8.2, by the person to whom it is disclosed.
13.3. Notwithstanding the stipulations of clause 13.1, Confidential Information shall not include, and the provisions of clause 13.1 shall not apply to a Party in connection with, any information which:
13.3.1. is or becomes generally available to the public other than as a result of disclosure by such Party in violation of this clause 8;
13..3.2. is or was independently developed by such Party or on its behalf by persons having no access to such information;
13.3.3. was in such Party’s possession before such information was disclosed to it in terms of and/or pursuant to this Agreement.
14. Protection Of Personal Information
14.1. The Peezjob Privacy Policy can be found at https://peezjob.com/privacy-policy/.
14.2. Peezjob shall:
14.2.1. Only Process Personal Information in accordance with applicable laws, in terms of this Agreement and in accordance with any instructions, requirements or specific directions of the Information Officer;
14.2.2. Peezjob shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which personal information is copied, compiled, collated, processed, transmitted, stored, collected, mined, altered or deleted or otherwise used as part of providing the services, shall at all times be of a minimum standard required by law and be of a standard no less than the standards which are in compliance with the legislation relating to protection, control and use of personal information;
14.2.3. not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and Staff) other than authorised Staff who require access to such Personal Information strictly in order for Peezjob to carry out its obligations, unless approved by the User in writing;
14.2.4. ensure that all Staff and any other persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information;
14.2.5. take appropriate, reasonable, technical and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control and that such Personal Information is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access by having regard to:
14.2.6. any applicable requirement in law, stipulated in appropriate industry rules or in codes of conduct or stipulated by a professional body governing Peezjob;
14.2.7. generally accepted information security practices and procedures which apply to Peezjob’s business and to the User, as may be appropriate to discharge its obligations in terms of this Agreement;
14.2.8. take appropriate, reasonable, technical and organisational measures to ensure that the Personal Information in its possession or under its control remains available to the User as and when it may be required; and
14.2.9. identify all reasonably foreseeable internal and external risks on an on-going basis and in accordance with the requirements for same as may be set forth in the Security Standards
14.3. Peezjob shall assist the User to comply with any requests for access to Personal Information received by the User from Data Subjects and, at the request of the User, Peezjob shall promptly provide the User with a copy of any Personal Information held by Peezjob in relation to a specified Data Subject. Peezjob agrees that notwithstanding the confidentiality provisions of this Agreement, the User may disclose to a Data Subject that Peezjob has been or is involved in Processing such Data Subject’s Personal Information;
14.4. Peezjob shall only Process the Personal Information of Data Subjects provided to it by the User in compliance with the provisions of this Agreement and in accordance with written instructions provided by the Information Officer to Peezjob.
14.5. Peezjob shall not conduct any further Processing activities for any other reason whatsoever (including any related processing functions or processing which would otherwise be a normal extension of the Processing which Peezjob is entitled to undertake in accordance with the User’s instructions) without the express prior written consent of the Information Officer, save that Peezjob may carry out reasonable further Processing strictly in order to comply with an obligation which is imposed on it by law.
15. Liability
15.1. To the fullest extent permissible by law, Peezjob disclaims all warranties of any kind, whether express or implied in respect of the Services ,and the User utilises the Services at its own risk.
15.2. The User agrees that Peezjob is unable to, and is not required to guarantee a particular result or set of results.
15.3. The User agrees that Peezjob shall not be liable in respect of any loss, damage or damages however arising and whatever the cause relating to any of its Services and in pursuant to and in furtherance of this Agreement.
15.4. In the event that Peezjob is found to be liable to the User for a particular act or omission then Peezjob’s liability to the User pursuant to the provisions of this Agreement shall furthermore be limited to the total amount of the fees charged and paid by the User for the Service concerned.
16. Indemnity
16.1. The User hereby indemnifies Peezjob from any loss, damage, damages, liability, claim, expenses, costs orders or demand which may arise as a result of the User’s unlawful conduct, wilful misconduct and/or gross negligence.
16.2. The User indemnifies and shall keep Peezjob indemnified against any claim for infringement of intellectual property rights in connection with any information supplied by the User to Peezjob and against any and all costs, expenses and damages which Peezjob may incur or become liable for as a result of such infringement.
16.3. Peezjob shall give the User prompt notice in writing of any claim being made or action threatened or brought against Peezjob and will permit the User, at the User’s own expense, to conduct any litigation that may ensue and all negotiations for a settlement of the claim.
16.4. Use of the App by the User is at the User’s sole risk and liability.
16.5. Peezjob does not make any representations, warranties or guarantees, whether express or implied, that the App or the appointed Job Seeker is suitable for its purpose or duly qualified.
16.6. The User indemnifies Peezjob from any claims, liabilities, damages, costs and expenses in any way arising from, related or in connection the use of, or inability to use, the App or Services. A Service Seeker will have no claim against Peezjob for the quality of the services rendered by a Job Seeker, nor any damages suffered as a result of the conduct or omission by a Job Seeker.
17. Force Majeure
17.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by reason of strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.
17.2. Any Party invoking force majeure shall, upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for a period of more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.
18. Warranties
18.1. The User uses the Services at their sole risk. The service is provided on an “as is” and “as available” basis. Peezjob expressly disclaim 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.
18.2. Peezjob is purely a platform, and the Job Seeker will render the services to the Service Seeker. Accordingly, Peezjob makes no warranty that (i) the Services will meet the User’s requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any Services, information or other material purchased or obtained will meet the User’s expectations; and (v) any errors in the Software will be corrected.
18.3. Any material downloaded or otherwise obtained through the use of the Service and Software is accessed at the User’s discretion and risk, and the User will be solely responsible for any damage to their system or loss of data that results from the download of any such material.
18.4. No advice or information, whether oral or written, obtained by the User from Peezjob or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
19. The App
19.1. Usage
19.1.1. The App is the registered property of Peezjob.
19.1.2. Any persons accessing and/or using the App for any reason whatsoever subjects themselves to and agrees to the terms and conditions and privacy policy of Peezjob when accessing the the App as set out below.
19.1.3. Peezjob expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the App without prior notice.
19.2. Intellectual Property
19.2.1. All content on the App (unless explicitly stated), including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Peezjob or licensed to Peezjob and as such, is protected from infringement by domestic and international laws, legislation and treaties. Peezjob expressly reserves all rights pertaining to such content.
19.2.2. Peezjob respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.
19.2.3. “Peezjob” and any other marks indicated on the App are the trademarks or trade dress of Peezjob. These and other graphics, logos, page headers, button icons, scripts, product and service names are trademarks or trade dress of Peezjob.
19.2.4. Trademarks and trade dress may not be used in connection with any product or service without the written consent of Peezjob.
19.2.5. Peezjob trademarks and trade dress may not be used in any manner that is likely to cause confusion amongst its Users, or in any manner that disparages, prejudices or discredits Peezjob.
19.2.6. All other trademarks not owned by Peezjob that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Peezjob.
19.3. Licenses
19.3.1. The User acknowledges and agrees that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The User further acknowledges and agrees that content contained or information presented through the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Peezjob or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
19.3.2. Peezjob hereby grants the User a limited license to access and make personal use of the App provided that in making use of the App the User does not download any content, other than for page caching purposes, except where the facility to download is expressly provided or express written consent to do so is otherwise given by Peezjob.
19.3.3. This license does not include any right of resale or commercial use of the App or its contents. For the purposes of this clause 19, any collection and/or use of any listings and/or descriptions; any derivative use of the App or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.
19.3.4. It is expressly prohibited to frame or utilise framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Peezjob and/or affiliates without its express written consent.
19.3.5. It is expressly prohibited to use any meta tags or any other “hidden text” utilising Peezjob’s name or trademarks without the express written consent of Peezjob.
19.3.6. Any unauthorised use of the App and its content or applications terminates the permission or license granted by Peezjob.
19.4. Disclosures Required By Section 43 Of The South African Electronic Communications And Transactions Act (ECTA):
19.4.1. The full name and legal status of the App owner is: Peezjob (Pty) Limited, a limited liability company registered in South Africa under the Registration Number 2025/311014/07.
19.4.2. The full address of the App owner is 4 Graham Street, Silver Lakes, Pretoria, Gauteng, 0081.
19.4.3. Director: Conrad Max Weiss.
19.4.4. Physical address for receipt of legal service: 4 Graham Street, Silver Lakes, Pretoria, Gauteng, 0081.
19.5. Disclaimer Of Warranties And Limitation Of Liability:
Subject to the provisions of sections 43(5) and 43(6) of the ECTA, Peezjob shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the App. Furthermore, Peezjob makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
20. Breach and Termination
20.1. Subject to any other provision of this Agreement providing for the remedy of any breach of any provision hereof, should either Party (“the Offending Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within fourteen days of receiving written notice from the other Party (“the Aggrieved Party”) requiring the Offending Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law to –
20.1.1. cancel this Agreement, provided the breach in question is a material breach going to the root of this Agreement; or
20.1.2. claim specific performance of all of the Offending Party’s obligations whether or not due for performance,
20.1.3. in either event without prejudice to the Aggrieved Party’s right to claim damages.
20.2. Notwithstanding the above, Peezjob is entitled to terminate the Services as set out in 10 and 12.
21. Governing Law
These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
22. Dispute Resolution
Any disputes arising from or in connection with this agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
23. Severability
If any clause or term of this Agreement shall have been held by a court of competent jurisdiction to be invalid, unenforceable or illegal, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this Agreement.
24. Domicilium And Notices
24.1. The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any legal notice or the serving of any process, as follows:
24.1.1. Peezjob – 4 Graham Street, Silver Lakes, Pretoria, Gauteng, 0081.
24.1.2. The User – Place of business or residence.
24.2. Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
24.3. Any notice given by either party to the other (“the Addressee”) which:
24.3.1. is delivered by hand during the normal business hours of the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee at the time of delivery;
24.3.2. is posted by prepaid registered post to the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee on the fourth (4th) day after the date of posting.
24.3.3. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
25. General
25.1. This Agreement will constitute the sole agreement between the parties and shall supersede all other agreements and/or representations whether written, oral and/or implied between the parties.
25.2. Neither party shall be bound by any express or implied term, representation, promise or the like not recorded herein. For purposes hereof a “written document” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the ECTA, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.
25.3. No addition to, variation, or agreed cancellation of this Agreement, including this clause, shall be of any force or effect unless in writing and signed by or on behalf of the parties. For purposes hereof “in writing” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the ECTA, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.
25.4. No indulgence which either party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
25.5. Nothing in this Agreement shall constitute a partnership, joint venture, agency or employment between the parties hereto, and neither party shall have the authority or power to bind, or contract in the name of, or to create a liability against, the other in any way for any purpose.
ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS SHALL BE DEEMED TO HAVE TAKEN PLACE IN THE EVENT THAT THE USER ENGAGES WITH PEEZJOB FOR THE RECEIPT OF ANY SERVICES OR BY THE USE OF THE APP. EVERY INSTANCE OF THE PURCHASE OF OR PROVISION OF SERVICES OR USE OF THE APP SHALL BE SUBJECT TO THE ABOVE TERMS AND CONDITIONS.