Terms and Conditions
- This website can be accessed at www.peepz.co.za (the "Website") and is owned and operated by Peepz Online (Pty) Ltd (Registration Nr. 2017/391319/07) ("Peepz", "we", "us" and "our").
- These Terms and Conditions govern the contractual relationship between the Parties concerning booking candidates on the Website, including, without limitation, accessing of, and registering on, the Website usage, use of information, billing and payment of completed Jobs.
INTERPRETATION AND DEFINITIONS
- "Completed Job" means a booking or job that has been completed by a candidate/peep.
- "CPA" means Consumer Protection Act, 68 of 2008.
- "peep/peepz" means those Registered Users who wish to apply for a Job and/or who has applied for a Job.
- "Booking" means a request for a job that a client for which a peep/peepz can accept or decline through the Website.
- "Peepz" means Peepz Online (Pty) Ltd (Registration Nr. 2017/391319/07).
- "Booking request" means a listing on the Website that advertises a Job.
- "Client" means those persons or entities who are Registered Users and who will make a booking request.
- "Rate" means the price per hour that a candidate, or peep wishes to charge for their services, and/or the price clients are willing to pay for services.
- "Remuneration" means the amount of remuneration displayed on the booking request which is due to the candidate, or peep, after completion of the booking and after client review.
- "Personal Information" means personal information as defined in POPI.
- "POPI" means the Protection of Personal Information Act, Nr. 4 of 2013.
- "Registered Users" means those Users who have completed Registration on the Website.
- "Terms and Conditions" means the Terms and Conditions contained in this document.
- "Users" means Clients and peep/z, respectively as the context may indicate and any other user of the Website.
- "Website" means the website available at www.peepz.co.za, and any sub-domain relating to Peepz.
- "Website Content" means the contents of the Website, 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 Website.
- "Your Profile" means the profile created on the Website when registering on the Website.
NATURE OF SERVICE AND TRANSACTION
- The purpose of the Website is to connect candidates with clients in order to complete bookings.
- There are multiple types of jobs on the site and peepz are expected to make their selection, and choose their rate upon registration, or edit this in their profile.
- Clients make bookings and request the services of staff through the Peepz website/apps.
- Peepz accept or decline the booking and are expected to complete the requested booking and tasks professionally.
- The provision of the Website and facilitation of the communications platform between Clients and peepz are services as defined in section 1 of the CPA and the use of the Website is, therefore, subject to the provisions of the CPA.
- The Jobs advertised on the Website are jobs offered by the Clients which Peepz can apply for on the Website. These Clients are unrelated parties to PEEPZ and constitute the employer in terms of any employment relationship between a Peep and a Client.
- It is specifically recorded that neither the Website nor PEEPZ acts as a temporary employment service provider.
ACCEPTANCE AND APPLICATION OF TERMS AND CONDITIONS
- These Terms and Conditions apply to Users who are Consumers in respect of the services provided on the Website for purposes of the CPA.
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of PEEPZ; and/or
- may create risk or liability for the User; and/or
- may create liability for the User to indemnify PEEPZ; and/or
- serves as an acknowledgement by the User of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask PEEPZ to explain it to you before you accept the Terms and Conditions or continue using the Website.
- 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 PEEPZ in terms of the CPA.
- This Agreement is binding and enforceable on all persons with access to the Website or any part thereof.
- By using the Website (as a Peep, Client or for common browsing purposes) and/or by registering on the Website as a peep or a Client, whichever may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- If you do not agree to or accept these Terms and Conditions, please leave the Website immediately, as further use of the Website automatically binds you to these Terms and Conditions.
A - REGISTERING AS A PEEP AND ACCEPTING BOOKING REQUESTS
REGISTERING AS A PEEP
- If you choose to register as a Peep on the Website, you will be required to provide PEEPZ with all the required information before Your Profile will be activated on the Website.
- By registering as a Peep you consent to Peepz conducting criminal and other appropriate checks on you, which results may be provided to prospective Clients when applying for a Job.
- Only persons over the age of 18 (eighteen) years will be allowed to register as a Peep and/or apply for Jobs.
- Subject to meeting any requirements (such as completing any verification processes) set by PEEPZ, you can accept or decline booking requests on PEEPZ by following the process.
- Only Registered Users may accept bookings on the Website.
- Once you have been requested for a booking, PEEPZ will notify you:
- via e-mail, SMS, Push Notification, WhatsApp or a telephone call; or
- Reminders of bookings will be sent to you via some of the above communication channels
PAYMENT FOR COMPLETED BOOKINGS
- Peepz will make payment 3 working days after the booking is completed.
- If it is a booking with multiple days, payment will be made 3 days after the last day of the booking.
- The 3 day period is to allow for client review and lodging of any disputes.
- Although this payment is done 3 working days after the last day of the booking, it may reflect only 5 working days after the booking due to delays with inter-bank transfers.
- Peepz doesn’t deduct any commission from the candidate/peep. All commission is paid by the client.
INJURIES WHILST ON A JOB
- PEEPZ will not be liable for any injuries a Peep sustains while completing a Job.
NO LONGER ABLE TO ATTEND TO A BOOKING
- If you are no longer able to attend to a Job for which you have applied and have been accepted on the Website, you are required to notify PEEPZ and the Client as soon as reasonably possible, irrespective of which job-category your Job falls in.
CLIENT CANCELS JOB
- If a Client cancels a booking for which a Peep has accepted, PEEPZ will immediately notify the peep. PEEPZ will not be liable to the Peep in any respect whatsoever for any Jobs cancelled by Clients.
- Should a client cancel within 24 hours of the booking commencing, the client shall be fully liable for the cost of the booking and the peep shall be paid.
- Clients may have the opportunity to review a Peep after the completion of a booking.
- All reviews will be reviewed by PEEPZ, where-after it will be placed on the Website.
- Candidates/peepz can request that PEEPZ remove a review and provide reasons for such request, which request PEEPZ will assess in its sole discretion. PEEPZ will not be required to remove any review based on a request by a Peep.
- PEEPZ reserves the right to remove any candidates that have a rating of less than 3 stars at any point.
COMPLAINTS RELATED TO A COMPLETED JOB
- PEEPZ does not take responsibility for any actions of the Client or representatives of the Client whilst a Peep is completing a Job. PEEPZ encourages you to take the appropriate steps in respect of legal tribunals and forums should any complaint in this respect be of a serious nature.
- PEEPZ requests any complaints regarding fellow peepz or clients to be e-mailed to a member of PEEPZ so that action can be taken relating to the website and the usage of the site.
- Candidates/peepz allow the client to use any images, photographs or videos on social media posts, internal presentations,
- Clients are not allowed to use these assets for any form of advertising. An additional charge shall be added to the clients account for image or video rights should this occur. This charge is respective to the use, and shall be decided by the directors of PEEPZ.
- A registered user (candidate/peep) shall be expected to complete the booking themselves and shall not send another person, individual or representative to conduct the booking on their behalf. Serious action will be taken against peepz that do this, which may result in the removal from the PEEPZ system.
- By registering on PEEPZ you waive any contract you have with any other agency, or any other third party, and PEEPZ will not be expected to cover any expenses or commissions arising from your relationship with them.
- PEEPZ shall not be responsible for any commission expected by any agency or third party because of your use of the PEEPZ system. Any costs arising shall be at the sole expense of the candidate/peep themselves.
- Any expenses arising from the booking are at the clients expense and should be managed with the client directly.
PEEP FAILS TO REPORT FOR A JOB OR CANCELS BEFOREHAND
- PEEPZ will not be liabel for peepz cancelling a booking
- Candidates/Peepz are allowed to cancel any time up until 24 hours before.
- Should you cancel within 24 hours of the booking, the peep profile will be affected and star rating may be affected.
- Should a peep cancel twice within 24 hours within a six month period they will be removed from the PEEPZ system or website.
- A client may need to provide sensitive or confidential information to a peep for them to be able to complete their responsibilities expected in the booking. This information should be kept confidential and any sensitive information should be deleted after the booking.
B - TERMS SPECIFIC FOR CLIENTS
REGISTERING AS A CLIENT AND REQUESTING A BOOKING
- Any Buisness can register on the Website as a Client and make a booking
- When posting a Job on the Website, the Client must provide:
- complete and accurate information about the booking, which can include but is not limited to, description, location, candidate type, brief and duration:
- disclose any restrictions and requirements that apply (such as any minimum age, proficiency in any language, previous experience or special skills required).
- The candidates/peepz that populate the candidate screen are directly relative to the filters that the client adds to the bookings and will affect the candidate options available.
- By choosing a peep, the peep has the option to accept or decline the request. Should the peep decline the peep is not liable for any loss to the client.
ADDITIONAL INFORMATION ON PROSPECTIVE PEEPZ
- If a Peep has accepted a Job, the Client can request that PEEPZ provide additional information (including, but not limited to, criminal history) by paying an additional fee. This request should be sent to PEEPZ who will acquire the information. Adequate time should be allowed for this.
PAYMENT FOR BOOKINGS AND PEEPZ FEES
PEEPZ specifies two payment plans
- Standard Payment Plan
- Clients register either their bank details or credit card details in their PEEPZ profile
- Clients will be debited 24hrs before the booking via a bank debit order. This will come off the requested payment means registered, ie Bank Account or Credit Card
- After the booking clients can review the candidates, and should they feel that they need to complain or dispute the payment to peepz they may do so through the system. This will be managed by a case by case process, and in serious cases payment will not be made to the peepz and shall be reversed into the clients account. Adequate time should be allowed for any reversal and may take up to 10 working days.
- Invoices are loaded onto the booking, and are available to clients via the booking page within PEEPZ. PEEPZ will not be expected to send invoices to clients.
- Enterprise Payment Plan
- Enterprise plans are tailored to the clients needs and can include aspects such as Cost Estimates/quotes, Purchase Orders, payment terms.
- Enterprise clients don't need to register their bank details or credit card details and will be billed manually.
- Clients are solely responsible for providing the necessary equipment for Peepz to complete a booking ("Equipment").
- Clients are solely responsible for ensuring that the Equipment used during the completion of a Job is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability.
- Except as otherwise required by law, Clients assume all risk of damage or loss to Equipment in respect of a Job being completed.
CANCELLATIONS OF JOBS BY CLIENT
- If a Client cancels a Job and withdraws its Booking request at any stage, PEEPZ will cancel the debit against their account or credit card.
- If this cancellation is made within 24 hours of the start of the booking, the client will still be billed and the peep will be paid regardless that no activity was completed. This is to protect candidates/peepz from losses due to erratic clients
PEEP FAILS TO REPORT FOR A JOB OR CANCELS BEFOREHAND
- PEEPZ will not be liable in the event of a Peep, after being accepted by the Client for a Job, not reporting for a Job at the required date and time.
- If a Peep cancels his or her availability for a Job after being accepted, PEEPZ system will assist the client to find an adequate replacement. If this is not possible the client is expected to contact PEEPZ with adequate time allowance to find a replacement.
RIGHT TO REMOVE CLIENT
- PEEPZ reserves the right to remove and/or block a Client and/or any of its bookings from the Website should PEEPZ, within its reasonable discretion, deem such removal to be necessary.
- Necessity for such removal will arise, without limitation, if the Client does not adhere to these Terms and Conditions, if complaints are received from candidates/peepz about the Client.
- Should PEEPZ, in its sole discretion, decide to remove and/or block the Client from the Website, PEEPZ will not be liable whatsoever to the Client for any refund of any amounts paid by the Client to PEEPZ, damages or loss suffered by the Client in this regard, and any amounts due to PEEPZ shall be expected to be honoured.
- Peepz may have the opportunity to review the Client after completing a Job posted by it.
- Such reviews will be approved by PEEPZ, whereafter it will be placed on the Website.
- The Client can request that PEEPZ remove a review and provide reasons for such request, which request PEEPZ will assess in its sole discretion. PEEPZ will not be required to remove any review based on a request by a Client.
NO GUARANTEE IN RESPECT OF PEEPZ
- PEEPZ does not guarantee the quality of service provided by candidates/peepz or the qualifications, skill level or experience of any peep.
- PEEPZ is not responsible or liable for any damage or loss to the Client’s property resulting from a peep in the course of completing a booking, or otherwise.
- Should the Client be dissatisfied with the services of or work done by the Peep, PEEPZ will not be liable for a refund to the Client for any remuneration or fees paid to or through PEEPZ or for any Posting Fee or commission due to PEEPZ.
C - INDEMNITY, NO WARRANTEE AND WAIVER
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst PEEPZ takes reasonable steps to ensure that the content of the Website is accurate and complete, PEEPZ makes no representations and gives no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website or as to the quality, timeliness, operation, integrity, availability or functionality of the Jobs advertised on the Website.
- This Website 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 or services on the Website. This Website is not compiled or provided to meet your individual needs. It is your sole responsibility to satisfy yourself, before you accept these Terms and Conditions, that the service available from and through this Website will meet your individual needs and be compatible with your hardware and/or software.
- Any views or statements made or expressed on the Website are not necessarily the views of PEEPZ, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, PEEPZ also gives no warranty or representation, whether express or implied, that the information or files available on the Website 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. 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 PEEPZ, its employees, agents or authorised representatives. PEEPZ thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
LIMITATION OF LIABILITY AND INDEMNITY
NEITHER PEEPZ 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:
- YOUR ACCESS TO OR USE OF THIS WEBSITE
- YOUR POSTING OR ACCEPTING A BOOKING ON THE WEBSITE.
- THE UNAVAILABILITY OF ANY OF THE, SERVICES PROVIDED ON THE WEBSITE.
- THE INABILITY TO GAIN ACCESS TO OR USE THIS WEBSITE OR ANY OF THE SERVICES OR JOBS PROVIDED ON THE WEBSITE.
- THE USE OF HYPERLINKS ON THE WEBSITE OR THE USE OF ANY WEBSITE FROM WHERE YOU HYPERLINK TO OR FROM THE WEBSITE
- THE VIOLATION OF ANY OF THESE TERMS AND CONDITIONS OR ANY OTHER LAW, REGULATION OR RULE BY YOU, A PEEP OR CLIENT, AS THE CASE MAY
- THE PRESENTATION OR TRANSFER OF INFORMATION OR CONTENT ON OR THROUGH THE WEBSITE BY YOU.
- 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
- YOUR ENGAGEMENT IN AND/OR INJURY SUSTAINED IN THE COURSE OF COMPLETING A BOOKING ADVERTISED ON THE WEBSITE.
- You hereby indemnify the Indemnified Parties of any loss, damage, liability, claims, and cost of whatsoever nature suffered by the Indemnified Parties which was caused by or related to 29.1.1 to 29.1.9 above.
- PEEPZ reserves the right to defend and manage any and all claims arising out of the above and you agree to fully co-operate with PEEPZ in this regard.
- PEEPZ will not be liable for any inaccurate information published on the Website, save where such liability arises from the gross negligence or wilful misconduct of PEEPZ, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
- If, notwithstanding the provisions of these Terms and Conditions, PEEPZ is found to be liable to a User for any amount, howsoever arising, then in no event shall PEEPZ’s aggregate liability exceed the amounts paid by the User to PEEPZ in the 6 (six) month period immediately preceding the date of the first event or instance from which such liability arose.
- PEEPZ undertakes to comply with the provisions, duties, and obligations as set out in POPI in respect of the processing of Personal Information.
- PEEPZ respects your privacy and will take all reasonable measures to protect it, as more fully set out below.
- Should you decide to register as on the Website, PEEPZ may require you to provide it with, and you agree that PEEPZ may collect and store, Personal Information which includes but is not limited to -
- Your full names and surname.
- Your identity number.
- Your email address.
- Copy of your ID
- a password and
- Your payment and/or banking details.
- Any other profile information needed.
- 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.
- Subject to clause 24.7 below, we will not, without your express consent:
- use your Personal Information for any purpose other than:
- in relation to using your information to assist a client make a booking and find candidates/peepz;
- to contact you regarding current or new Jobs or any other services offered by PEEPZ.
- to inform you of new features, special offers, and promotions offered by PEEPZ.
- to improve your experience on the Website by, inter alia, monitoring statistical non-personal browsing habits. and
- improving our product offering by using your information for internal research purposes. or
- disclose your Personal Information to any third party other than to PEEPZ’s employees and/or third-party service providers who assist us to interact with you via the Website, email or any other method for the booking of Jobs, and thus need to know your Personal Information in order to assist it to communicate with you properly and efficiently.
- If you accept a Job, PEEPZ will provide all the necessary information to the Client. Such information includes, but is not limited to, your full name and surname, contact details, and e-mail address.
- Any review you write about the Website or a Client on the Website can, at PEEPZ’s discretion, be displayed to the public.
- PEEPZ 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.
- PEEPZ 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.
- PEEPZ will -
- treat your Personal Information as strictly confidential.
- 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.
- provide you with access to your Personal Information to view and/or update personal details.
- promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of your Personal Information.
- provide you with reasonable evidence of its compliance with its obligations under this policy on reasonable notice and request.
- upon your request, promptly return or destroy any and all of your Personal Information in its possession or control. and
- 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.
- Whilst PEEPZ 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 PEEPZ’s gross negligence.
- IF YOU DISCLOSE YOUR PERSONAL INFORMATION TO A THIRD PARTY, SUCH AS AN ENTITY WHICH OPERATES A WEBSITE LINKED TO THIS WEBSITE OR ANYONE OTHER THAN PEEPZ, PEEPZ 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 PEEPZ DOES NOT REGULATE OR CONTROL HOW THAT THIRD PARTY USES YOUR PERSONAL INFORMATION.
- By using this Website and communicating electronically with PEEPZ, you consent to PEEPZ sharing and processing your Personal Information in the manner as set out in this clause 31.
- PEEPZ retains the right to
- monitor and analyse your actions on the Website 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,
- collect your IP information. When you use the Website, PEEPZ collects your IP address. This address identified your internet service provider but does not identify you as an individual. PEEPZ can also collect your domain name address, the type of website software you use and the type of operating system you use. This information is used to improve user experience and for general statistical purposes. PEEPZ owns and reserves all rights to non-personal statistical information which is collected and compiled by PEEPZ.
- Should you wish to stop receiving electronic communications from PEEPZ, 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.
- Certain communication (email, sms and push notification) is essential for the function of the PEEPZ system. This can be, but is not limited to notification for a new booking, reminder of a booking, cancellation of a booking, cancellation of a candidate/peep, and other reminders for a booking.
ACCESS, ACCURACY AND AMENDMENT OF INFORMATION
- PEEPZ 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 or complete any information that is not accurate. Should any information be found to be incorrect or incomplete, PEEPZ will ensure that this information is corrected or completed as soon as possible,
- Reasonable steps will be taken to confirm your identity before access is given to your Personal Information.
- If you want your Personal Information to be deleted from PEEPZ’s records, PEEPZ will ensure (with notice to you) that it is done as soon as possible under the circumstances.
E - GENERAL TERMS AND CONDITIONS
REGISTRATION AND USE OF THE WEBSITE
- Only Registered Users may make or accept bookings on the Website.
- To register on the Website, you must provide an e-mail address as your username and provide a password. You must also provide certain information and personal details to PEEPZ. You will need to use your unique username and password to access the Website in order to make or accept bookings.
- You agree and warrant that your username and password shall:
- be used for personal use only. and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever attempting to post or apply for a Job, failing which you will be denied access.
- You agree to notify PEEPZ immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website, you warrant that you are 18 (eighteen) years of age or older.
- 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 Website. 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 Website or the information contained herein, without the prior written consent from an authorised representative of PEEPZ (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
USERNAME AND PASSWORD
- You hereby undertake to safely store all passwords required for access to, or use of, this Website and/or Your Profile.
- You will be legally bound to any actions on the Website made under Your Profile, irrespective of whether this was made by you.
- You hereby indemnify PEEPZ of any damage, loss or liability of whatsoever nature caused by the unauthorised access to this Website and/or Your Profile.
CORRECTNESS OF INFORMATION
- You hereby undertake to ensure that all information provided to PEEPZ is correct and updated throughout.
- PEEPZ will not be liable for any damage, loss or liability of whatsoever nature caused by any misrepresentation made by you in this regard.
- Should you fail to keep your information updated and correct throughout, PEEPZ reserves the right to suspend or remove Your Profile.
EMPLOYMENT AND TAX
- PEEPZ is not an employment service and is not an employer in respect of any booking or towards any Peep.
- Candidates/peepz are in no way affiliated with PEEPZ and is not an employee, representative or agent of PEEPZ in any way.
- PEEPZ shall in no manner or form be regarded as a temporary employment service.
- PEEPZ will not be liable for any tax or deductions required to be made from payments made to Peepz (whether by PEEPZ or the Client) including, but not limited to, unemployment insurance, payroll or employer’s liability.
- Should PEEPZ be found to be liable for any tax or deductions in respect of Jobs, the Client will reimburse and pay PEEPZ an equivalent amount to such tax or deductions, including any interest or penalties thereon.
- No User may contact or engage with another User directly in respect of a booking posted on the Website, other than through the Website or PEEPZ.
- Failure to adhere to this provision may result in Your Profile being removed from the Website.
INTELLECTUAL PROPERTY, OWNERSHIP AND COPYRIGHT
- The Website Content is protected by law, including but not limited to copyright and trademark law. The Website Content is the property of PEEPZ, its advertisers and/or sponsors and/or is licensed to PEEPZ.
- You will not acquire any right, title or interest in or to the Website or the Website Content by using or registering on the Website.
- Where any of the Website Content has been licensed to PEEPZ 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.
- This Website contains content which is owned by or licensed to PEEPZ. 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 may not copy, duplicate or use such information unless agreed with us and/or the right-holder or, in so far as such use happens when using the Website.
- You may not in any way display, publish, copy, print, post or otherwise use any information and/or content from the Website and/or the information contained therein without the express prior written consent of an authorised representative of PEEPZ.
- You may not amend, copy, use, reverse engineer or disassemble the source code of the Website.
- Within a certain timeframe after the completion of a Job, Clients and Peepz will have the opportunity to leave a public review ("Review") and submit a star rating ("Rating") about the other, as provided for in clause 8 and 18of these Terms and Conditions.
- Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of PEEPZ. Ratings and Reviews are not verified by PEEPZ for accuracy and may be incorrect or misleading.
- Ratings and Reviews by Users must be accurate and may not contain any offensive or defamatory language.
- You are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing or manipulating a User to write a positive Review about you.
- Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on PEEPZ, together with other relevant information.
- By submitting to contributing to a Review, you grant PEEPZ an unlimited, global, non-exclusive, irrevocable, perpetual, copyright-free, fully paid-up, right to use, make, reproduce, display, publish, upload, mail, to change and/or create derivative works therefrom, to transfer, distribute, to sell or offer for sale, sub-license and to authorise a third party to do the above.
- You represent and warrant that you have sufficient rights in that content or information forming part of the Review to grant the above rights and licenses. In addition, you choose to waive any credentials to the content you submit.
- In addition, by uploading, submitting or otherwise making available any content in a review on the Website, you grant PEEPZ the right to display your username and/or full name with any part of the review anywhere on the Website.
USE OF HYPERLINKS
- This Website may contain links (hyperlinks) or references to other websites ("Third-Party Websites") which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and PEEPZ is not responsible for the practices and/or privacy policies of those Third-Party Websites or the "cookies" that those sites may use.
- Where we provide a link to a Third-Party Website, we do so with the understanding that such website contains or may contain information that is relevant to PEEPZ. By linking to Third Party Websites, we do not create or have an affiliation with or sponsor such websites. The inclusion of links of this nature does not indicate that PEEPZ has reviewed such website’s content, products or services. The inclusion of such links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third-Party Website and does not imply that PEEPZ associates or supports the content, products or services on such website.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
- This Website may under no circumstances be framed or mirrored without the prior obtained written consent of PEEPZ.
AVAILABILITY, ACCESS AND TERMINATION
- PEEPZ does not represent that his Website will be available at all times or at any specific time.
- PEEPZ will use all reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. PEEPZ, however, reserves the right to remove this Website or any parts of this Website in whole or in part without notice.
- PEEPZ may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that PEEPZ will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any bookings made by you prior to such time and to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of a booking of an Activity, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- PEEPZ hereby selects 9 Sherwood Ave, Homestead, 1401 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("nominated address"). PEEPZ may change this address from time to time by updating these Terms and Conditions.
- You hereby select the 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.
- Notices must be sent either by hand or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery.
- 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.
CHANGES TO THESE TERMS AND CONDITIONS
- PEEPZ may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not make any bookings on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- The last update to these Terms and Conditions was made on the 31st October 2018
GOVERNING LAW AND JURISDICTION
- 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. Your continued use of the Website will constitute your 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.
- Nothing in this clause 41 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- PEEPZ will not be liable for any cost incurred by you for professional advice regarding these Terms and Conditions.
- For the purposes of the Electronic Communications and Transactions Act, Nr. 25 of 2002, PEEPZ’s information is as follows, which should be read in conjunction with its service descriptions and other terms and conditions contained on the Website:
- Full name: Peepz.co.za, a division of PEEPZ (Pty) Ltd, a private company registered in South Africa with registration number 2017/391319/07
- Main business: Online platform
- Physical address for receipt of legal service (also postal and street address): 9 Sherwood Ave, Homestead, 1401
- Office bearers: Nicholas Holdcroft
- Phone number: 0741587102
- Official email address: info@Peepz.co.za
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or PEEPZ to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- 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.
- These Terms and Conditions contain the whole agreement between you and PEEPZ and no other warranty or undertaking is valid unless contained in this document between the parties.
- 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 and not affect the validity of and enforceability of the remaining provisions.