Terms of Service

THE KNOWLEDGE TRUST TERMS AND CONDITIONS

  1. INTRODUCTION
    1. This Platform can be accessed at www.knowledgetrust.org or via our WhatsApp bot located on +27840309432 (the “Platform”) and is owned and operated by The Knowledge Trust (Pty) Ltd (Registration Nr. 2020 / 909599 / 07) (“The Knowledge Trust”, ”the platform”, “we”, “us” and “our”).
    2. These Terms and Conditions regulate and/or govern, alternatively are applicable to any and all persons, whether natural or juristic, that access/es, makes use of or registers on the Platform whatsoever.
    3. Without derogating from the generality of the aforegoing, these Terms and Conditions govern the contractual relationship between the Parties and Users concerning the registration, listing, posting, and submission of applications for opportunities on the Platform, including, but not limited to learnerships, jobs, courses, and bursaries (“Opportunities”).
    4.  By using the Platform (as a Member, Partner or for common browsing purposes) and/or by registering on the Platform as a Member or a Partner, whichever may be applicable, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.
  2. INTERPRETATION AND DEFINITIONS
    1. Unless the context provides otherwise, words importing –
      1. Any reference to one gender includes the other gender.
      2. Any reference to the singular includes the plural and any reference to the plural includes the singular.
    2. ”Allocated Salary or Stipend” means the total amount of remuneration offered by the Partner for an Opportunity, from which any commission due to The Knowledge Trust will be deducted and the balance shall be paid to the Member completing the Opportunity; 
    3. ”Appointed”, ”Appoint” or ”Appointment” means a Member has been notified by means of and/or through and/or via the Platform that a Partner wishes to extend an offer to the Member for an Opportunity;
    4. ”Commission/s” means the an agreed upon fee, either flat or as a percentage, of the Allocated Salary or Stipend of a particular Opportunity that the Partner is liable to affect payment of to The Knowledge Trust;
    5. ”CPA” means Consumer Protection Act, 68 of 2008;
    6.  ”Members” means opportunity seekers who are Registered Users and who wish to apply for an Opportunity and/or who has applied for an Opportunity;
    7. ”Opportunity” means any learnership, job, bursary, course, or similar, made available and advertised by a Partner for which a Member can apply through the Platform and includes Once-Off, Part-Time and Permanent Opportunities where the context so provides;
    8. ”Opportunity Post” means a listing on the Platform that advertises an Opportunity;
    9. ”Partners” means those potential employers, educators, training providers, funders, sponsors, or similar, who are Registered Users and who have made an Opportunity Post;
    10. ”Once-off Opportunities” means those Opportunities that are once-off, and which take less than 30 (thirty) days to complete;
    11. ”Part-Time Opportunities” means those Opportunities that are not Once-Off and are not Permanent, for which the Member will work shifts, hours, days or otherwise as directed, indicated or as required by the relevant Partner and for which the Member will be remunerated per hour, per shift, per day, per week or per month or otherwise;
    12. ”Performing an Opportunity” means the rendering of services of a Member to a Partner in terms of an Opportunity, subsequent to the Member being offered an Opportunity by a Partner and accepting the terms of the Opportunity so offered;
    13. ”Permanent Opportunities” means those Opportunities for which the Member will be permanently employed by the Partner;
    14. ”Personal Information” means personal information as defined in POPI;
    15. ”POPI” means the Protection of Personal Information Act, Nr. 4 of 2013;
    16. ”Privacy Policy” means the privacy policy as set out in Section D of these Terms and Conditions;
    17. ”Registered Users” means those Users who have completed Registration on the Platform and includes any Members or Partners who have registered on the Platform;
    18. ”Salary or Stipend” means the amount of remuneration displayed on the Opportunity Post which is the Offered;
    19. ”Terms and Conditions” means the Terms and Conditions contained in this document and includes references to “the agreement”;
    20. ”The Knowledge Trust” means The Knowledge Trust South Africa (Pty) Ltd (Registration Nr. 2020 / 909599 / 07);
    21.  ”Users” means Partners and Members, respectively as the context may indicate and any other user of the Platform;
    22. ”Platform” means the Platform available at www.knowledgetrust.org and/or via our WhatsApp bot located on +27840309432;
    23. ”Platform Content” means the contents of the Platform, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Platform;
    24. ”You” or ”Your” means any person, juristic or natural, accessing, browsing and/or making use of the Platform whatsoever and includes Users;
    25. ”Your Profile” means the profile created on the Platform when registering on the Platform and includes the profiles of Members and Partners respectively as the context may indicate;
  1. NATURE OF SERVICE AND TRANSACTION
    1. The purpose of the Platform is to:
      1. Connect Members, being opportunity seekers, with Partners, who seek learners, students, bursars, leads, or employees.
      2. Facilitate campaigns that cover brand awareness, lead generation, and recruitment for Partners.
    2. Services
      1. The provision of the Platform and facilitation of the communications platform between Partners and Members are services as defined in section 1 of the CPA and the use of the Platform is, therefore, subject to the provisions of the CPA.
      2. The Opportunities advertised on the Platform are opportunities offered by the Partners which Members can apply for on the Platform. These Partners are unrelated parties to The Knowledge Trust and constitute the employer, educator, training provider, funder, sponsor or similar in terms of any relationship between a Member and a Partner.
      3. It is specifically recorded that neither the Platform nor The Knowledge Trust acts as a temporary employment service provider, nor an employer for any purposes related to an Opportunity Post whatsoever.
  1. ACCEPTANCE AND APPLICATION OF TERMS AND CONDITIONS
    1. These Terms and Conditions apply to Users who are Consumers in respect of the services provided on the Platform for purposes of the CPA.
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1.  may limit the risk or liability of The Knowledge Trust; and/or
      2. may create risk or liability for the User; and/or
      3. may create liability for the User to indemnify The Knowledge Trust; and/or
      4. serves as an acknowledgement by the User of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask The Knowledge Trust to explain it to you before you accept the Terms and Conditions or continue using the Platform.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or The Knowledge Trust in terms of the CPA.
    6. This agreement is binding and enforceable on all persons with access to the Platform or any part thereof.
    7. As stated hereinabove by using the Platform (as a Member, Partner or for common browsing purposes) and/or by registering on the Platform as a Member or a Partner, whichever may be applicable, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.
    8. If you do not agree to or accept these Terms And Conditions, you are obliged to exit and/or leave the Platform immediately, alternatively and should you continue on the Platform and/or make use of the Platform for any purposes whatsoever, you confirm, acknowledge and agree to be bound by these Terms and Conditions.

A – REGISTERING AS A MEMBER AND APPLYING FOR AN OPPORTUNITY

  1. REGISTERING AS A MEMBER
    1.  If you choose to register as a Member on the Platform, you will be required to provide The Knowledge Trust with any and all required information as required by the Platform or its Partners.
    2. By registering as a Member you expressly consent to The Knowledge Trust conducting criminal-, credit- , and other appropriate checks on you, which results may be provided to prospective Partners when applying for an Opportunity.
    3. Only persons over the age of 15 (fifteen) years will be allowed to register as a Member and/or apply for Opportunities as provided for in these Terms and Conditions.
    4. Any and/or all persons over the age of 15 (fifteen), but under the age of majority of 18 (eighteen), shall not be allowed to apply for any Opportunities on the Platform whatsoever, without the prior and express written consent of his/her parent and/or legal guardian.
    5. The Knowledge Trust reserves any and all rights to make any inquiries that The Knowledge Trust in its sole and absolute discretion deem necessary to verify and/or confirm that the written consent as per clause 5.3.1. above was lawfully obtained and sufficient for these purposes and/or for the purposes of compliance with any relevant or applicable law.
  2. APPLYING FOR OPPORTUNITIES
    1. Subject to meeting any requirements (such as completing any verification processes) set by The Knowledge Trust, you can apply for an Opportunity on The Knowledge Trust by following the application process.
    2. Only Registered Users may apply for Opportunities on the Platform.
    3. Once a Member has submitted an application for an Opportunity, The Knowledge Trust may notify the Member about the status of his/her application and further via e-mail, SMS, Push Notification, WhatsApp, telephone call or any alternate communication/s medium The Knowledge Trust may in its sole and absolute discretion elect, whether his/her application was successful.
  3. PAYMENT FOR MEMBERS
    1. Opportunities
      1. Partners will be solely responsible and liable to pay Members any and all fees, remuneration, wage/s, compensation, or imbursements of any nature and relating to any Opportunities listed on the Platform, as well as for any employment relationship arising and/or which may arise from any Permanent Opportunities. Without derogating from the generality of the aforegoing, The Knowledge Trust will not be liable for any payment due to a Member in respect of Permanent Opportunities whatsoever.
  4. INJURIES WHILST ON A JOB
    1. The Knowledge Trust will not be liable for any injuries a Member sustains while completing an Opportunity. Any and all liability pertaining to workplace injuries shall be borne by and/or lie with the Partner and/or employer.
  5. NO LONGER ABLE TO ATTEND TO A OPPORTUNITY OR INTERVIEW
    1. If a Member is no longer able to attend an Interview for which a Member has been selected, or the Member is no longer able to attend to an Opportunity for which a Member has applied and/or for which a Member has been appointed by the Partner on the Platform, the Member is required to notify The Knowledge Trust and the Partner as soon as reasonably possible.
  6. PARTNER CANCELS OPPORTUNITY
    1. If a Partner cancels an Opportunity for which a Member has been appointed, The Knowledge Trust will notify the Member within a reasonable time after and only subsequent to the Partner informing The Knowledge Trust in writing (and only in a case where the Partner notifies The Knowledge Trust instead of the Member directly).
    2. The Knowledge Trust will not be liable to any relevant Member in any respect and for any losses, damages or expenses of any nature whatsoever resultant from or consequent to any Opportunity/s being cancelled by Partners.
    3. In amplification of clause 10.2. above, it is specifically recorded that The Knowledge Trust makes no representations and gives no warranties, whether express or implied, as to the existence of any employment – or any independent contractor agreement or relationship between a Member and Partner, should the Partner appoint any Member (as defined in clause 2.2. above or otherwise) via the Platform. Any cause of action, claim or dispute in respect of any employment agreement, relationship or the existence of any such relationship shall solely be between the relevant Member and Partner.
  7. RIGHT TO REMOVE MEMBER
    1. The Knowledge Trust reserves the right to remove and/or block a Member from the Platform should The Knowledge Trust, within its reasonable discretion, deem such removal to be necessary.
    2. Without limiting the generality of the aforegoing clause 11.1. The Knowledge Trust shall be entitled to remove any Member who breach/es these Terms and Conditions and/or should complaints be received from Partners about the relevant Member.
    3. Should The Knowledge Trust, in its sole discretion, decide to remove and/or block the Member from the Platform, The Knowledge Trust will not be liable whatsoever to the Member for any refund of any amounts paid by the Member to The Knowledge Trust or other parties, or for any damages or loss suffered by the Member in this regard.
  8. REVIEWS
    1. Partners may have the opportunity to review a Member after the completion of an Opportunity (hereinafter “Reviews”).
    2. The Knowledge Trust may in its sole and absolute discretion elect to review any and all Reviews of a Member and shall thereafter elect to publish or place any such reviews on the Platform.
    3. Members may request that The Knowledge Trust remove a review and provide reasons for such request, which request The Knowledge Trust will assess in its sole discretion. The Knowledge Trust will not be required to remove any review based on a request by a Member.
  9. COMPLAINTS WHILE PERFORMING A JOB
    1. The Knowledge Trust does not take responsibility for and is not liable for any conduct, actions or omissions to act of the Partners or representatives of the Partners whilst a Member is performing an Opportunity, irrespective of which job-category the Opportunity falls in.
    2. Members are encouraged to approach any relevant legal tribunal, forum or any competent court with jurisdiction in respect of any dispute/s or cause/s of action arising from any improper conduct or actions of a Partners or its representatives whilst a Member is performing an Opportunity.

B – PARTNERS REGISTERING AS A PARTNER AND POSTING AN OPPORTUNITY

  1. Any potential employer, educator, training provider, sponsor, funder or similar can register on the Platform as a Partner and advertise an Opportunity.
  2. When posting an Opportunity on the Platform, the Partner must provide:
  3. Complete and accurate information about the Opportunity (such as description, location, payment, and duration); and,
  4. Disclose any restrictions and requirements that apply (such as any minimum age, proficiency in any language, previous experience or special skills required); and,
  5. Any and all further information that The Knowledge Trust may in its sole and absolute discretion deem necessary pertaining to the relevant Opportunity, before the Opportunity shall be published on the Platform.
  6. The placement and ranking of Opportunities in search results on The Knowledge Trust may vary and depend on a variety of factors, including but not limited to search parameters and preferences, job requirements, payment amounts and the like.
  1. PAYMENT FOR SERVICES AND THE KNOWLEDGE TRUST FEES
    1. Partners irrevocably agree and confirm to affect payment unto The Knowledge Trust and/or Members (as the context may indicate) for all Opportunities as more fully set out hereunder.
    2. Quotation of Services
      1. Partners will be quoted for the Services on a case-by-case basis factoring in the volume, complexity and scope of the Opportunities required by the Partner.
      2. Partners are required to confirm the Services by means of a signed Service Level Agreement (SLA), accompanied by a proof of payment for some or all of the fees due, depending on the terms of the SLA.
      3. The Partner agrees that any amount reflected in a Tax Invoice and received from The Knowledge Trust in respect shall be due and payable unconditionally and within 2 (two) calendar days of the Partner being furnished with said Tax Invoice.
  2. EQUIPMENT
    1. Partners are solely responsible for providing the necessary equipment for Members to perform an Opportunity (“Equipment”).
    2. Partners are solely responsible for ensuring that the Equipment used during the performance of an Opportunity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability.
    3. 1Except as otherwise required by law, Partners assume all risk of damage or loss of any nature whatsoever to Equipment in respect of an Opportunity being completed.
    4. The Partner further assumes any and all risk and liability resultant from a Member’s conduct relating to and/or the use of any Equipment whilst completing an Opportunity.
  3. MEMBER FAILS TO REPORT FOR AN OPPORTUNITY OR CANCELS BEFOREHAND
    1. The Knowledge Trust will not be liable in the event of a Member, after being appointed by the Partner for an Opportunity, not reporting for an Opportunity at the required date and time.
    2. If a Member cancels his or her availability for an Opportunity after being appointed, the job will be reposted. Provided that the contract between the Member and Partner is terminated within 30 days of signature, and written confirmation of such is provided to The Knowledge Trust within 7 days of termination, The Knowledge Trust will make a best effort to find a replacement Member for the Partner.
  4. RIGHT TO REMOVE PARTNER
    1. The Knowledge Trust reserves the right to remove and/or block a Partner and/or any of its Opportunities from the Platform should The Knowledge Trust, within its reasonable discretion, deem such removal to be necessary.
    2. Without limiting the generality of the aforegoing clause 17.1., The Knowledge Trust shall be entitled to remove any Partner who breach/es these Terms and Conditions and/or should complaints be received from Members about the relevant Partner.
    3. Should The Knowledge Trust, in its sole discretion, decide to remove and/or block the Partner from the Platform, The Knowledge Trust will not be liable whatsoever to the Partner for any refund of any amounts paid by the Partner to The Knowledge Trust, damages or loss suffered by the Partner in this regard.
  5. REVIEWS
    1. Members may have the opportunity to review the Partner after going for an interview or performing an Opportunity posted by the relevant Partner.
    2. The Knowledge Trust shall in its sole and absolute discretion elect whether any such reviews shall be posted and/or published on the Platform.
    3. The Partner can request that The Knowledge Trust remove a review and provide reasons for such request, which request The Knowledge Trust will assess in its sole discretion. The Knowledge Trust will not be required to remove any review based on a request by a Partner.
  6. 19.   NO GUARANTEE IN RESPECT OF MEMBERS
    1. It is specifically recorded that The Knowledge Trust does not guarantee (whether expressly or impliedly) any level of skill, competence, experience, or quality of service provided or to be provided by any Member whatsoever.
    2. The Knowledge Trust is not responsible or liable for any damage or loss to the Partner’s property and/or any economic loss/es or damages of any nature whatsoever resulting from a Member’s conduct and/or omission to act in the course of performing or completing an Opportunity, or otherwise.
    3. Should the Partner be dissatisfied with the services of or work done by the Member, The Knowledge Trust will not be liable for a refund to the Partner for any remuneration, fees or commission/s paid to or through The Knowledge Trust or for any remuneration, fees or commission/s due to The Knowledge Trust.

C – INDEMNITY, NO WARRANTEE AND WAIVER

  1. DISCLAIMER
    1. The use of the Platform is entirely at the User’s and your own risk and the User and you assume full responsibility for any risk or loss resulting from use of the Platform or reliance on any information on the Platform.
    2. Whilst The Knowledge Trust takes reasonable steps to ensure that the content of the Platform is accurate and complete, The Knowledge Trust makes no representations and gives no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Platform or as to the accuracy, completeness or reliability of any information on the Platform.
    3. The Knowledge Trust further makes no representations and gives no warranties, whether express or implied regarding and/or relating to the quality, timeliness, operation, integrity, availability or functionality of the Opportunities advertised on the Platform.
    4. It is specifically recorded that the Platform is provided on an “as-is” basis, without any warranties or guarantees of any nature, whether implied or express, regarding the accuracy of information relating to products, services or Opportunities advertised on the Platform. This Platform is not compiled or provided to meet your individual needs.
    5. It is the User and/or your sole responsibility to satisfy the User and/or yourself, before the User and/or you accept these Terms and Conditions, and that the service/s available from and through this Platform will meet the User and/or your individual needs and be compatible with the User and/or your hardware and/or software.
    6. Any views or statements made or expressed on the Platform are not necessarily the views of The Knowledge Trust, its directors, employees and/or agents or from a duly authorized representative of The Knowledge Trust.
    7. In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Knowledge Trust also gives no warranty or representation, whether express or implied, that the information or files available on the Platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
    8. The User and/or you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of The Knowledge Trust, its employees, agents or authorised representatives.
    9. The Knowledge Trust disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with any User’s and/or your access to or use of the Platform, unless provided for in law.
  2. 21.   LIMITATION OF LIABILITY AND INDEMNITY
    1. Neither The Knowledge Trust nor any of its representatives, members, employees, officers, agents, consultants, service providers or sub-contractors (hereinafter “the indemnified parties”) will be liable for any direct, indirect, special or consequential loss or damage of whatsoever nature suffered by you or any third party, unless otherwise provided by law, that is a consequence of:
      1. Your access to or use of this platform;
      2. Your posting, applying or appointment for an opportunity listed on the platform;
      3. The unavailability of any of the services or opportunities provided on the platform;
      4. Any user’s inability to gain access to or use this platform or any of the services or opportunities provided on the platform;
      5. The use of hyperlinks on the platform or the use of any platform from where you hyperlink to or from the platform;
      6. The violation of any of these terms and conditions or any other law, regulation or rule by you, a Member or Partner, as the case may be;
      7. The presentation or transfer of information or content on or through the platform by you;
      8. The information or content provided by you which is a violation of any law or third party’s rights (which includes, but is not limited to, defamation, violation of privacy, breach of trust or infringement of copyright or any other intellectual property); or,
      9. Your engagement in and/or injury sustained in the course of accessing an opportunity advertised on the platform.
    2. You hereby indemnify the Indemnified Parties of any loss, damage, liability, claims, and cost of whatsoever nature suffered by you and/or third parties which was caused by or related to 21.1.1 to 21.1.9 above.
    3. The Knowledge Trust will not be liable for any inaccurate information published on the Platform, save where such liability arises from the gross negligence or wilful misconduct of The Knowledge Trust, its employees, agents or authorised representatives, and:-
      1. Should you note any errors and/or possible malfunctions on the Platform you are obliged to report such errors and/or malfunctions to The Knowledge Trust by way of email to [email protected]; and
      2. You shall afford The Knowledge Trust 7 (seven) business days written notice to remedy any such errors and/or possible malfunctions.
    4. If, notwithstanding the provisions of these Terms and Conditions, The Knowledge Trust is found to be liable to a User for any amount, howsoever arising, then:-
      1. In no event shall The Knowledge Trust’s aggregate liability exceed the amounts paid by the User to The Knowledge Trust in the 6 (six) month period immediately preceding the date of the first event or instance from which such liability arose;
      2. No action and/or legal proceedings shall be instituted prior to you affording The Knowledge Trust with 7 (seven) business days written notice to remedy any alleged cause of action.

D – PRIVACY POLICY

  1. POPI COMPLIANCY
    1. The Knowledge Trust undertakes to comply with the provisions, duties, and obligations as set out in POPI and applicable code/s of conduct and regulations published pursuant thereto and in respect of the lawful processing, retention and/or destruction of Personal Information.
    2. Without derogating from the generality of the aforegoing, The Knowledge Trust undertakes to take the necessary security measures and precautions in protecting any User’s Personal Information and maintaining and safeguarding the integrity and confidentiality of said Personal Information as prescribed in POPI and/or any applicable law/s.
  2. 23.   GENERAL PRIVACY POLICY
    1. The Knowledge Trust respects your privacy and will take all reasonable measures to protect it, as more fully set out below.
    2. Should you decide to register on the Platform, The Knowledge Trust may require you to provide it with, and you expressly agree and consent that The Knowledge Trust may collect and store, Personal Information which includes but is not limited to –
      1. your full names and surname;
      2. your identity number;
      3. your email address;
      4. your demographic and biographic information;
      5. your education and work experience history;
      6. a password; and,
      7. your payment and/or banking details.
    3. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    4. Subject to clause 26.9 below, we will not, without your express consent:
      1. use your Personal Information for any purpose other than:
        1. in relation to the posting of or application for an Opportunity;
        2. to contact you regarding current or new Opportunities or any other services offered by The Knowledge Trust or their Partners (unless you have opted out, objected to and/or withdrawn consent in respect of receiving marketing material from The Knowledge Trust);
        3. to inform you of new features, special offers, and promotions offered by The Knowledge Trust or their Partners (unless you have opted out, objected to and/or withdrawn consent in respect of receiving marketing material from The Knowledge Trust);
        4. to improve your experience on the Platform by, inter alia, monitoring statistical non-personal browsing habits; and
        5. improving our product offering by using your information for internal research purposes; or
      2. disclose your Personal Information to any third party other than to The Knowledge Trust’s employees and/or third-party service providers or Partners who assist us to interact with you via the Platform, email or any other method for the booking of Opportunities, and thus need to know your Personal Information in order to assist it to communicate with you properly and efficiently.
    5. The Knowledge Trust shall not process the Personal Information of any and all persons over the age of 15 (fifteen), but under the age of majority, being 18 (eighteen), without the necessary and legally prescribed consent;
    6. It is specifically recorded that you expressly consent to The Knowledge Trust providing and/or disclosing the necessary information to a relevant Partner as provided on the Platform and/or your Profile and in terms of these Terms and Conditions. Such information includes, but is not limited to, your full name and surname, contact details, and e-mail address.
    7. It is further specifically recorded that any Partner receiving such necessary information shall solely utilize, peruse and/or consider such information for the purposes of electing, selecting or appointing a Member for an Opportunity only, and shall not utilize, use and/or disclose such personal information contrary to the provisions of POPI and these Terms and Conditions. The Knowledge Trust reserves the right to institute legal proceedings against any Partner who fails and/or refuses and/or neglects to comply with this clause 23.
    8. Any review you write about the Platform, a Member or a Partner on the Platform can, at The Knowledge Trust’s discretion, be displayed to the public.
    9. The Knowledge Trust is entitled to use or disclose your Personal Information if such use or disclosure is required in order to comply with any applicable law, an order of court or legal process served on it, or to protect and defend its rights or property.
    10. The Knowledge Trust will ensure that all of its employees, third party service providers, divisions and partners (including its employees and third-party service providers) having access to your Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your Personal Information and will deal with your Personal Information in accordance with the requirements as set out in the POPI.
    11. The Knowledge Trust will –
      1. treat your Personal Information as strictly confidential;
      2. take appropriate technical and organisational measures to ensure that your Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your Personal Information to view and/or update personal details;
      4. promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of your Personal Information;
      5. provide you with reasonable evidence of its compliance with its obligations under this policy on reasonable notice and request;
      6. upon your request, promptly return or destroy any and all of your Personal Information in its possession or control; and
      7. not retain your Personal Information longer than the period for which it was originally required, unless it is required by law to do so, or you consent to it retaining such information for a longer period.
    12. The Knowledge Trust undertakes not to sell or make your Personal Information available to any third party other than as provided for in POPI and in this Privacy Policy unless The Knowledge Trust is compelled to do so by law or any court order. In particular, in the event of a fraudulent payment, The Knowledge Trust reserves the right to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.
    13. Whilst The Knowledge Trust will do all things reasonably necessary to protect your right to privacy, it cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information, whilst in its possession, made by third parties who are not subject to its control, unless such disclosure is as a result of The Knowledge Trust’s gross negligence.
    14. If you disclose your personal information to a third party, such as an entity which operates a platform linked to this Platform or anyone other than The Knowledge Trust, The Knowledge Trust will not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because the knowledge trust does not regulate or control how that third party uses your personal information.
    15. The Knowledge Trust is entitled to disclose Personal Information to its subsidiaries and/or affiliates and those providers approached by The Knowledge Trust to process data on behalf of The Knowledge Trust. The Knowledge Trust can also be merged with or purchased by another entity. In such a case, The Knowledge Trust is entitled to share some or all of your Personal Information with such entity (which may not use this information in any other way than for the purposes set out in The Knowledge Trust’s Privacy Policy). The Knowledge Trust will not be liable for any loss or damage of any kind arising from the unintended use of any information provided to such an entity.
    16. By using this Platform and communicating electronically with The Knowledge Trust, you consent to The Knowledge Trust sharing and processing your Personal Information in the manner as set out in this clause 23.
  3. 24.   TRACKING
    1. The Platform makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Platform can use (and which The Knowledge Trust may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a Platform and allow a Platform to track usage behaviour and compile aggregate data that will allow the Platform operator to improve the functionality of the Platform and its content.
    2. The type of information collected by cookies is not used to personally identify you.
    3. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on the Platform, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to the Platform will, therefore, be limited. If you do accept a “cookie”, you thereby consent to The Knowledge Trust’s use of any Personal Information collected by it using that cookie subject to the provisions of this Privacy Policy.
    4. The Knowledge Trust retains the right to
      1. monitor and analyse your actions on the Platform by making use of third-party tools, which includes but is not limited to Google Analytics and Google AdWords. Any such use of third-party tools is made with the trust that your Personal Information will be properly protected; and,
      2. collect your IP information. When you use the Platform, The Knowledge Trust collects your IP address. This address identified your internet service provider but does not identify you as an individual. The Knowledge Trust can also collect your domain name address, the type of Platform software you use and the type of operating system you use. This information is used to improve user experience and for general statistical purposes. The Knowledge Trust owns and reserves all rights to non-personal statistical information which is collected and compiled by The Knowledge Trust.
  4. 25.   ELECTRONIC COMMUNICATIONS
    1. When you register on the Platform or send emails to The Knowledge Trust, you consent to receive communications from The Knowledge Trust electronically in accordance with our Privacy Policy as set out above.
    2. Should you wish to stop receiving electronic communications from The Knowledge Trust, you can unsubscribe by clicking on the unsubscribe link at the bottom of the e-mails. By clicking this link you will automatically be removed from our e-mail communication databases.
  5. 26.   APPLICATION OF PRIVACY POLICY
    1. This Privacy Policy is applicable to The Knowledge Trust and as set out in these Terms and Conditions. It is further specifically recorded that this Privacy Policy shall be applicable to any service level agreement entered into between The Knowledge Trust and any Partner. The Platform might contain links to third party Platforms which is not under the control of The Knowledge Trust and which is not subject to this Privacy Policy. It is your responsibility to acquaint yourself with and verify the privacy policy of such Platforms and The Knowledge Trust will not be liable for the breach of any such privacy policy by such Platforms whatsoever. The Knowledge Trust is not responsible for the content of the privacy and security policies and measures of third party Platforms.
  6. 27.   ACCESS, ACCURACY AND AMENDMENT OF INFORMATION
    1. The Knowledge Trust will make all reasonable attempts to keep your Personal Information accurate. You will at all times have access to your Personal Information and will have the option to correct, complete or object to any information that is not accurate. Should any information be found to be incorrect or incomplete, The Knowledge Trust will ensure that this information is corrected or completed as soon as possible,
    2. Reasonable steps will be taken to confirm your identity before access is given to your Personal Information.
    3. If you notify The Knowledge Trust that you wish for your Personal Information to be deleted from The Knowledge Trust’s records, The Knowledge Trust will ensure (with notice to you) that it is done as soon as possible under the circumstances.

 E – GENERAL TERMS AND CONDITIONS

  1.  REGISTRATION AND USE OF THE PLATFORM
    1. Only Registered Users may post or apply for Opportunities on the Platform.
    2. You will need to use your unique username and password to access the Platform in order to post or apply for Opportunities.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever attempting to post or apply for an Opportunity, failing which you will be denied access.
    5. You agree to notify The Knowledge Trust immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take necessary steps to mitigate any resultant loss or harm.
    6. By using the Platform, you warrant that you are 15 (fifteen) years of age or older. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Platform only with the lawful express written consent, involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and provides the necessary legally prescribed consent, then you may be bound to these Terms and Conditions and may be held liable and responsible for your and all your obligations under these Terms and Conditions.
    7. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Platform. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Platform or the information contained herein, without the prior written consent from an authorised representative of The Knowledge Trust (such consent is deemed given for standard search engine technology employed by Internet search Platforms to direct Internet users to this Platform).
  2. USERNAME AND PASSWORD
    1. You hereby undertake to safely store all passwords required for access to, or use of, this Platform and/or Your Profile.
    2. You will be legally bound to any actions on the Platform made under Your Profile, irrespective of whether this was made by you.
    3. You hereby indemnify The Knowledge Trust of any damage, loss or liability of whatsoever nature caused by the unauthorised access to this Platform and/or Your Profile.
  3. CORRECTNESS OF INFORMATION
    1. Any User hereby undertakes to ensure that all information provided to The Knowledge Trust is correct and updated throughout.
    2. The Knowledge Trust will not be liable for any damage, loss or liability of whatsoever nature caused by any misrepresentation made by any User in this regard.
    3. Should any User fail to keep his/her information updated and correct throughout, The Knowledge Trust reserves the right to suspend or remove the User’s Profile from the Platform.
  4. EMPLOYMENT AND TAX
    1. It is specifically recorded that The Knowledge Trust is not an employment service and is not an employer in respect of any Opportunity or towards any Member.
    2. Members are in no way affiliated with The Knowledge Trust and is not an employee, representative or agent of The Knowledge Trust in any way.
    3. The Knowledge Trust shall in no manner or form be regarded as a temporary employment service.
    4. The Knowledge Trust will not be liable for any tax or deductions required to be made from payments made to Members (whether by The Knowledge Trust or the Partner) including, but not limited to, unemployment insurance, payroll or employer’s liability.
    5. Should The Knowledge Trust be found to be liable for any tax or deductions in respect of Opportunities, the Partner will reimburse and pay The Knowledge Trust an equivalent amount to such tax or deductions, including any interest or penalties thereon.
  5. USER UNDERTAKINGS
    1.  No User may contact or engage with another User directly in respect of an Opportunity posted on the Platform, other than through the Platform or The Knowledge Trust.
    2. Failure to adhere to this provision may result in Your Profile being removed from the Platform.
  6. INTELLECTUAL PROPERTY, OWNERSHIP AND COPYRIGHT
    1. The Platform Content is protected by law, including but not limited to copyright and trademark law. The Platform Content is the property of The Knowledge Trust, its advertisers, Partners, and/or sponsors and/or is licensed to The Knowledge Trust.
    2. You will not acquire any right, title or interest in or to the Platform or the Platform Content by using or registering on the Platform.
    3. Where any of the Platform Content has been licensed to The Knowledge Trust or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
    4. This Platform contains content which is owned by or licensed to The Knowledge Trust. This content includes, but is not limited to, the design, layout, appearance, and graphics, and may be subject to copyright and/or other design or intellectual property rights. You and any User may not copy, duplicate or use such information unless agreed with The Knowledge Trust and/or the right-holder or, in so far as such use happens when using the Platform.
    5.  You may not in any way display, publish, copy, print, post or otherwise use any information and/or content from the Platform and/or the information contained therein without the express prior written consent of an authorised representative of The Knowledge Trust.
    6. You and any User may not amend, copy, use, reverse engineer or disassemble the source code of the Platform.
  7. USE OF HYPERLINKS
    1. This Platform may contain links (hyperlinks) or references to other Platforms (“Third-Party Platforms”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Platforms and The Knowledge Trust is not responsible for the practices and/or privacy policies of those Third-Party Platforms or the “cookies” that those sites may use.
    2. Where we provide a link to a Third-Party Platform, we do so with the understanding that such Platform contains or may contain information that is relevant to The Knowledge Trust. By linking to Third Party Platforms, we do not create or have an affiliation with or sponsor such Platforms. The inclusion of links of this nature does not indicate that The Knowledge Trust has reviewed such Platform’s content, products or services. The inclusion of such links within our Platform does not constitute any endorsement, guarantee, warranty, or recommendation of such Third-Party Platform and does not imply that The Knowledge Trust associates or supports the content, products or services on such Platform.
    3. Notwithstanding the fact that the Platform may refer to or provide links to Third Party Platforms, your use of such Third-Party Platforms is entirely at your own risk and you agree and confirm that The Knowledge Trust shall not be held responsible or liable for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Platforms or your reliance on any information contained thereon.
    4. No User of the Platform may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”) to the Platform or any of the Platform’s subsidiary pages, unless such User has obtained prior written consent from a duly authorized representative of The Knowledge Trust, which consent may be withheld or provided on such terms and conditions that shall be in the sole and absolute discretion of The Knowledge Trust.
    5. The Platform or any part thereof may not be framed, deep linked or mirrored without the prior obtained written consent of The Knowledge Trust.
    6. Any comments, reviews or message boards made by Users and reflected, contained or published on the Platform do not necessarily represent the views of The Knowledge Trust whatsoever and The Knowledge Trust shall not be held liable for the contents thereof.
  8. AVAILABILITY, ACCESS AND TERMINATION
    1. The Knowledge Trust does not represent that his Platform will be available at all times or at any specific time.
    2. The Knowledge Trust will use all reasonable endeavours to maintain the availability of the Platform, except during scheduled maintenance periods. The Knowledge Trust, however, reserves the right to remove this Platform or any parts of this Platform in whole or in part without notice.
    3. The Knowledge Trust may in its sole discretion terminate, suspend and modify the Platform, with or without notice to you.
    4. You agree that The Knowledge Trust will not be liable to you in the event that it chooses to suspend, modify or terminate the Platform, but to the extent possible The Knowledge Trust shall:
      1. If a Member is offered an Opportunity, The Knowledge Trust shall attempt to facilitate necessary correspondence between Member and Member-Poster as may be required from time to time.
      2. Attempt to process any requests for interviews made by Partner and prior to such time and to the extent possible.
    5. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of any due Commission’s and/or applicable Profile Hosting Fee/s, and you fail to remedy such failure within 7 (seven) calendar days of notice to you by The Knowledge Trust, this may (in our sole discretion) lead to a suspension of your access to the Platform without any prejudice to any claims for damages or otherwise that The Knowledge Trust may have against you.
  9. NOTICES
    1. The Knowledge Trust hereby selects, 279 Main Road, Claremont, 7708, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). The Knowledge Trust may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the residential address, e-mail and/or cellphone number specified for Your Profile as the address at which to receive any formal notice or legal processes in connection with these Terms and Conditions (your “domicilium citandi et executandi”).
    3. Notices must be sent either by hand or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by email will be deemed to have been received at 9h00 on the date following the date on which the e-mail has been sent, provided that no failure of delivery report was received by the sender following the sending of the e-mail
  10. CHANGES TO THESE TERMS AND CONDITIONS
    1. The Knowledge Trust may, in its sole discretion, change any of these Terms and Conditions at any time. It is the User’s responsibility to regularly check these Terms and Conditions and make sure that the User acquaints himself/herself and is satisfied with any and all changes thereto. Should any User not be satisfied, alternatively not agree to the Terms and Conditions, the User shall by his/her use either expressly or tacitly confirm and agree to the Terms and Conditions and to be bound thereby.
    2. Any changes as provided for in 41.1. above will only apply to any User’s use of this Platform after the change is displayed on the Platform. If a User makes use of the Platform after such amended Terms and Conditions have been displayed on the Platform, you will be deemed to have accepted such changes.
    3. The last update to these Terms and Conditions was made 30 August 2021.
  11. GOVERNING LAW AND JURISDICTION
    1. These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    2. Any User’s continued use of the Platform will constitute such User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    3. Nothing in this clause 42 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  12. LEGAL COSTS
    1. The Knowledge Trust will not be liable for any cost incurred by any User for professional advice regarding these Terms and Conditions.
    2. Should The Knowledge Trust instruct its attorneys to collect any overdue amounts, or to take any action against any User in the implementation, protection and/or enforcement of The Knowledge Trust’s rights under these Terms and Conditions or otherwise, The Knowledge Trust shall be entitled to the recovery of any and all legal or collection costs arising therefrom, on the scale as attorney and own Partner, including the costs of counsel (if applicable).
  13. THE KNOWLEDGE TRUST INFORMATION

For the purposes of the Electronic Communications and Transactions Act, Nr. 25 of 2002, The Knowledge Trust’s information is as follows, which should be read in conjunction with its service descriptions and other terms and conditions contained on the Platform:

  1. Full name: The Knowledge Trust South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2020 / 909599 / 07;
  2. Main business: Social Enterprise
  3. Physical address for receipt of legal service (also postal and street address): Unit 5, Sherwood, 279 Main Road, Claremont, 7708
  4. Office bearers: Jaryd Raizon
  5. Phone number: 072 777 0461
  6. Official email address: [email protected]
  1. 42.   GENERAL
    1. The Knowledge Trust reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems appropriate, including but not limited to canceling Your Profile, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your Profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy and/or any applicable law or court order.
    2. Any electronic signature lawfully recognized in terms of the provisions of the Electronic Communications and Transactions Act, 25 of 2002, shall be recognized, sufficient and accepted as a “signature” for the purposes of this agreement.
    3. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    4. Any failure on the part of you or The Knowledge Trust to enforce any right in terms hereof shall not constitute a waiver, nor a novation of that right.
    5. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    6. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless it is reduced to writing and accepted by or on behalf of the parties hereto.
    7. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    8. These Terms and Conditions contain the whole agreement between you and/or any User of the Platform and The Knowledge Trust and no other warranty or undertaking is valid unless contained in this document between the parties.
    9. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck, severed from and not affect the validity of and enforceability of the remaining provisions, which shall remain in full force and effect unless found otherwise by a competent court order.  

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