GED GROUP – ONLINE JOB PORTAL TERMS AND CONDITIONS

1. GENERAL
1.1 The terms and conditions form a legally binding agreement between you, whether in your capacity or on behalf of a juristic person or entity and GED Group. This includes GED Africa Ltd (“GED Africa”), Groupe Européen de Développement Congo SARLU (“GED Congo”) and GED Projects Africa Zambia Limited (“GED Zambia”), collectively referred to as the “GED Group”. These terms and conditions apply when visiting the Employment and Business Facilitation Job Portal (“Job Portal”) of the GED Group.
1.2 The terms and conditions relate to the use of the Job Portal located at [insert link] and include other mobile-related use, media channels, media form, or otherwise connected thereto (collectively, the “Job Portal”).

2. INTERPRETATION AND ENFORCEMENT
The interpretation and enforcement of these terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius (“Mauritius”). To the extent that any provision contained in these terms and conditions are in conflict with the laws of the Democratic Republic of the Congo (“DRC”) or the Republic of Zambia (“Zambia”), such provision should be interpreted in a manner consistent with the laws of the DRC or Zambia in so far as may be necessary to eliminate the contradiction, while preserving the intent and purpose of these terms and conditions.

3. APPLICABILITY AND TERMINATION
3.1 These terms and conditions shall be and remain applicable to any individual who visits the Job Portal, remains a client or contact and continues to apply to any situation where an individual views or has viewed our Job Portal (“you” or “user”). It will also apply to any individual who views or interacts with our Job Portal through another individual’s computer, phone, laptop, monitor, screen, tablet, or any other similar device.
3.2 The Job Portal is intended for users who are 18 years or older. Anyone who is under 18 may not use, upload CVs, or register on the Job Portal. Any personal data collected as a result of such use will be dealt with in terms of our procedures found in our privacy policy. Guardians or parents may request that their children’s data be immediately removed, we will do our best to erase such data from our record. The GED Group will not hire, employ, or advertise the services of any child under 18 years of age to any project partner or contractor.
3.3 We reserve the right to block an individual from using our Job Portal where applicable without providing reasons. Some standard reasons may include the breach of these terms and conditions or any applicable law.

4. ACCEPTANCE OF TERMS AND CONDITIONS
4.1 By accessing this Job Portal, you represent that you have the requisite legal capacity and indicate your agreement to be bound to all terms, conditions and notices contained or referenced herein. You acknowledge and accept that any jobs posted on our Job Portal represent opportunities relating to the various companies on the platform.
4.2 If you do not agree to these terms and conditions, do not access, use, download, copy or distribute any of the content on the Job Portal. Any delay in leaving and terminating use of the Job Portal shall be regarded as the user’s full and unconditional understanding and acceptance of these terms and conditions.
4.3 The information provided on the site is not intended to be distributed or used by any entity or person located in a different jurisdiction or country where the distribution or use of our site would be unlawful or would subject us to any registration requirements of that jurisdiction. Any individual or entity who accesses our site from a different country does so at their own risk and remains responsible for complying with the laws of that jurisdiction.

5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Job Portal is our propriety property and includes all the coding, data, functions, software, design, audio, video, and texts which are collectively referred to as (“Job Portal Content”). Any trademarks, service marks or logos referred to collectively as (“Marks”) are either owned or licensed to us.
5.2 All Job Portal Content or Marks are protected by copyright and trademark laws within our jurisdiction and any international copyright laws and relevant conventions in terms of which this jurisdiction is a member.
5.3 All Job Portal Content and Marks are provided “as is” for your information and personal use only. Job Portal content and marks may not be replicated, copied, republished, sold, leased, transmitted, translated, uploaded, distributed, licensed, or used for any other similar commercial purpose without prior agreement or expressed written consent from GED Group.
5.4 By submitting reviews, comments and/or any other content (other than your personal information) to GED Group for posting on the Job Portal, you automatically grant GED Group and its affiliates and subsidiaries a non-exclusive, royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. You represent and warrant to GED Group that you have the right, title and authority to grant such licence to GED Group.
5.5 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Job Portal is granted to you.
5.6 Except with GED Group’s express written permission, no proprietary material from this Job Portal may be copied or retransmitted.
5.7 Irrespective of the existence of copyright, you acknowledge that GED Group is the proprietor of all material on the Job Portal (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
5.8 GED Group authorises you only to view, copy, temporarily download to a local drive and to print the content of this Job Portal, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
5.9 We respect the intellectual property rights of others. If you believe that any material available on or through our Job Portal infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our Job Portal infringes your copyright, you should consider contacting an attorney first.

6. LIMITED LIABILITY
6.1 GED Group as well as any of its employees, partners, subsidiaries, directors, shareholders, or agents shall not be liable to any Job Portal user or third party for any direct, indirect, special, punitive or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Job Portal or any information contained in it, including loss of profit, whether based on breach of contract, negligence, product liability or otherwise.
6.2 You indemnify GED Group, our subsidiaries, partners, agents, employees, and affiliates from any cause of action or against any liability in the form of financial or emotional loss, pain and suffering, damage, demand or any reasonable attorney fees or expenses arising from any breach of these terms and conditions. You indemnify GED Group from the above due to any contribution, use of the Job Portal, breach of terms and conditions, breach of intellectual property rights, breach of user rights or any other delictual claim that may arise against GED Group and its stakeholders mentioned above.

7. RESTRICTIONS
7.1 The Job Portal may not be used for any commercial purpose other than what is permitted in our terms and conditions or approved by GED Group in writing.
7.2 As a user of our Job Portal, you agree that you shall not, personally, nor through a third party:
7.2.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Job Portal for any reason and in any manner, unless it is consistent with the intent and purpose of these terms and conditions;
7.2.2 decompile, disassemble or reverse engineer any portion of the Job Portal;
7.2.3 write and/or develop any derivative of the Job Portal or any other software program based on the Job Portal;
7.2.4 modify or enhance the Job Portal;
7.2.5 without GED Group’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Job Portal by persons other than the user;
7.2.6 remove any identification, trademark, copyright or other notices from the Job Portal;
7.2.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Job Portal, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
7.2.8 notwithstanding anything contained to the contrary in these terms and conditions, use the Job Portal for any purpose other than personal, non-commercial and information purposes.
7.3 Any restrictions on the use of the Job Portal or the content shall also apply to any part of the Job Portal or the content of the Job Portal which may be cached when using the Job Portal or the content of the Job Portal.
7.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any content in breach of the terms and conditions.

8. USER DATA
The Job Portal user waives the right to institute any claim against GED Group for any corruption, loss, stolen data, and stolen information arising from the use of our Job Portal. All data transmitted to the Job Portal is the sole responsibility of the Job Portal user.

9. THIRD PARTY WEBSITES AND CONTENT
9.1 GED Group may provide links to third party websites on the Job Portal. These links are provided to the user for convenience purposes only and GED Group does not endorse, nor does the inclusion of any link imply GED Group’s endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
9.2 While GED Group tries to provide links only to reputable websites or online partners, GED Group cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of GED Group. GED Group is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Job Portal.
9.3 GED Group does not editorially control the content on such target sites. You agree that GED Group shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Job Portal. Any dealings that you may have with any linked websites, including advertisers, found on the Job Portal, are solely between you and the third party website.
9.4 GED Group does not warrant or guarantee that the links to third party websites are free from virus or other malicious software and you undertake to click on any such link at your own risk.

10. SITE MANAGEMENT
10.1 GED Group reserves the right to:
10.1.1 monitor the Job Portal for violations of these terms and conditions;
10.1.2 take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including, without limitation, reporting such user to the relevant law enforcement authorities;
10.1.3 in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributed Content or any portion thereof;
10.1.4 in our sole discretion and without limitation, notice, or liability, to remove from the Job Portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
10.1.5 disable all files and content that are excessive in size or are in any way burdensome to our systems; and
10.1.6 otherwise manage the Job Portal in a manner designed to protect our rights and property and to facilitate the proper functioning of the Job Portal.

11. PRIVACY POLICY
11.1 We care about data security and privacy. Please read our Privacy Policy [insert link].
11.2 By using our Job Portal, you agree to be bound by our Privacy Policy, which is incorporated into these terms and conditions. Please be advised this Job Portal is hosted in the Republic of South Africa. If you access the Job Portal from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Republic of South Africa, then through your continued use of the Job Portal, you are transferring your data to the Republic of South Africa, and you agree to have your data transferred to and processed in the Republic of South Africa.

12. MODIFICATIONS AND INTERRUPTIONS
12.1 We reserve the right to, at any time, and at our sole discretion, attend to any of the following without prior notice:
12.1.1 change these terms and conditions;
12.1.2 change or remove content accessible on the Job Portal;
12.1.3 change or discontinue any aspect of the Job Portal or services accessible on this Job Portal; and/or
12.1.4 change the software and/or hardware required to access or use the Job Portal.
12.2 Your continued access or use of the Job Portal, content and/or services will be subject to the terms in force at the time of your access or use. If you do not agree with any updates, amendments, or modifications, you must discontinue the use of the Job Portal, content of the Job Portal, and/or services.
12.3 While we endeavour to ensure that the Job Portal is available at all times, we shall not be liable if, for any reason, the Job Portal is unavailable at any time or for any period. Access to the Job Portal may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.
12.4 We are not liable for any loss arising due to any interruptions, delays, technical issues, viruses, or cyber-attacks on the Job Portal. All cybercrime-related instances will be dealt with in terms of the procedures provided for in the Cybersecurity and Cybercrime Act 16 of 2021 of Mauritius (“CCA”). These terms and conditions do not require the Job Portal to continue unaffected.

13. SEVERABILITY
13.1 If any of these terms and conditions are declared invalid or unenforceable by a court of law, the whole terms and conditions will remain valid, and the invalid terms will be severed from the rest of the terms and conditions if possible. This will be particularly appropriate where the terms that are declared invalid are not material to the entire document.

14. GOVERNING LAW
These terms and conditions shall be governed by the Laws of Mauritius and specifically the Electronic Transactions Act 23 of 2000 (“ETA”). GED Group Ltd and the user consent to the jurisdiction of the Mauritian courts to resolve any dispute or claim arising from these terms and conditions. Any dispute resolution, arbitration or negotiations shall be set up following the procedures provided for in the Mauritian legal system. The parties however agree to first attempt to resolve the matter through dispute resolution, arbitration or negotiations before approaching a formal court of law.

15. DISPUTE RESOLUTION
15.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms and conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
15.2 Binding Arbitration
Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the Mauritius International Arbitration Centre. The number of arbitrators shall be 1 (one). The seat, or legal place, of arbitration shall be Mauritius. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Mauritius.
15.3 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect the validity of any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
15.4 If any provision of clause 18 is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. DISCLAIMER
16.1 The Job Portal is provided on an as-is and as-available basis. You agree that your use of the Job Portal and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Job Portal and your use thereof, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16.2 While we endeavour to ensure that the information on the Job Portal is correct, we do not warrant the accuracy and completeness of the material on the Job Portal, especially relating to any project facts stated on our Job Portal. Users acknowledge and agree that their use of the Job Portal and reliance on any information obtained through it is at their own risk. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Job Portal, including but not limited to errors, inaccuracies, interruptions, delays in operation, or transmission, loss or corruption of data, or unauthorized access to or alteration of user transmissions or data, even if we have been advised of the possibility of such damages. Users specifically acknowledge that we are not responsible for the conduct of any users of the Job Portal, or the accuracy of any information posted by users or third parties. By using the Job Portal, users agree to waive any claims against GED Group and its officers, partners, subsidiaries, employees and agents arising from or related to their use of the Job Portal.
16.3 Users are solely responsible for all data transmitted through the Job Portal or related to any activity undertaken. Users agree that GED Group is not liable for any loss or corruption of such data on the Job Portal, and users hereby waive any right of action against us arising from any such loss or corruption of data. The terms and conditions apply to the entire GED Group Job Portal as well as the media hub tab located on our Job Portal.
16.4 The Job Portal facilitates access to job opportunities and business service offerings across the project. Users must be aware that the jobs posted are not direct employment opportunities with GED Group but rather represent opportunities provided by multiple companies on the platform. GED Group holds no liability for the content posted by contractors or businesses and makes no guarantee of job availability or the suitability of any services posted.
16.5 We make no warranties or representations about the accuracy or completeness of the information provided on the Job Portal, especially relating to any project facts stated. Users acknowledge and agree that their use of the Job Portal and reliance on any information obtained through it is at their own risk. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Job Portal, including but not limited to errors, inaccuracies, interruptions, delays in operation, or transmission, loss or corruption of data, or unauthorized access to or alteration of user transmissions or data, even if we have been advised of the possibility of such damages. Users specifically acknowledge that we are not responsible for the conduct of any users, or the accuracy of any information posted by users or third parties. By using the Job Portal, users agree to waive any claims against GED Group and its officers, partners, subsidiaries, employees, project partners, contractors and agents arising from or related to their use of the Job Portal. The Terms and Conditions apply to the entire GED Group Job Portal as well as the Business page and Job Seeker page tab located on our Job Portal. All information provided by any business will only be viewable by GED Group, project partners or contractors.

17. ELECTRONIC SIGNATURES
17.1 All users of the Job Portal agree to the use of electronic signatures, contracts, notices, records, and any similar electronic document. Electronic Signatures satisfy any written signature requirement in terms of section 8 of ETA. Furthermore, any electronic document meets any legal or statute requirement that it be in writing.
17.2 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. SITE OBSERVATION AND USER DATA
18.1 We have the right to monitor activity and contributions on our Job Portal and report any illegal activity discovered on our Job Portal to remain compliant with the CCA. This is done to ensure the Job Portal remains functional and free from unwanted content or activity. Any decision made on the Job Portal may be done so without first giving reasons to any impacted user.
18.2 We will maintain certain data that you transmit to the Job Portal for the purpose of managing the performance of the Job Portal, as well as data relating to your use of the Job Portal. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. MISCELLANEOUS
The terms and conditions or any other rules that relate to our Job Portal constitute the entire agreement between the user and GED Group. Our failure to enforce or exercise any right in our terms and conditions shall not act as a waiver of such rights. We shall not be liable for any damage, loss, delay, or failure to act caused by any factor beyond our reasonable control. There is no joint venture, partnership, employment, or agency relationship created between GED Group and the user due to our terms and conditions. By using our Job Portal, you waive all possible defences available based on the electronic nature of these terms and conditions and lack of signing.

20. CONTACT US
If you have any complaints, enquiries or suggestions relating to the Job Portal and its terms and conditions, do not hesitate to contact us.

GED Africa Ltd
2nd Floor, The Axis,
26 Cybercity, Ebene
Mauritius, 72201+27 82 599 3393
Kimberley@www.gedafrica.com