Terms Of Service

1 Definitions

Definitions for terms used in this document can be viewed at the Definitions Document

2 Terms of Service

2.1 Contract

This Agreement applies to CVQuest and the Platform, by accessing or otherwise using the Services including offline components, the Member agrees to be bound by these Terms of Service. The Member agrees that they are entering into this Agreement with the full authority of the legal Entity to bind such Entity to the Terms of Service. If the User does not agree to the Platform’s Terms of Service and or the user does not possess the legal authority to bind the entity to the Terms of Service, the User may not access or use the Platform or the Services.
CVQuest may update the Terms and Other Documentation from time to time, The date that the Member first access’s or uses the Platform after any update to the Platform’s Terms of Service is the Effective Date.

2.2 Change of Terms

CVQuest may be required to update Documentation from time to time which may include (but not limited to) the Terms of Service, Privacy Policy, Cookie Policy and other documentation. Any Updates and Changes to the Documentation will be kept up to date on the CVQuest Portal and members will be notified of such Changes via the Portal. No Member may use or continue to use the Portal and or Services without agreeing to the updated Documentation. Continued use of CVQuest’s Services and Portal after any update to the Documentation means the Member is providing Consent to the updated Documentation from Effective Date.

3 Services

3.1 Eligibility to Use the Services

1. You Must be a Candidate or an Employer.
2. if you are a Candidate, you must be at least 18 years of age or the minimum working age required in your territory where the required age is older than 18.
3. Users May not create more than a Single Account on the Platform.
4. Candidates Must use the name as it appears on their Identity Document.
5. Employers Must use the registered legal name as it appears on the registration Documents.
6. the member warrants that all information uploaded to the Portal and or Services is true, accurate and that the Member will Maintain the accuracy of any and all information as it changes.
7. No User who has already been restricted by CVQuest will be eligible to use the Platform or Services.

3.2 Intended Use of the Services

The intended use of this platform is to connect Candidates and Employers such that members can find jobs or find staff to fulfil a job requirement (legal job as per your respective territory), anything outside of this is not the intended service of the platform and as such is prohibited and may result in you being suspended from the platform, please see CVQuest’s Community Guidelines for more information.

3.3 Your Profile and Data Sharing

CVQuest provides a space for the Member to create a profile that is accessible by other members for the purposes of fulfilling CVQuest’s services to the Member as per the Platforms Intended Use (3.2 Intended Use of the Services). The Member can upload and share documents as well as message other members using the platform, however any data that the member shares or otherwise makes available to other members via the Platform and or services can be downloaded or saved by other members and as such CVQuest takes no responsibility regarding how other members use any other Members data, please see CVQuest’s Data Collection and Data Deletion policies for more information. Creating an account under false pretence and or with false information including accounts created on behalf of another person, company or legal entity is in violation of CVQuest’s Community Guidelines and at the discretion of CVQuest may result in suspension and or legal action.

3.4 Job Advertisements

The platform provides the Member with the ability to publish job advertisements. These are strictly for the purposes of finding staff, for the member creating the advertisement. Users are prohibited from creating accounts on behalf of other members, persons, companies or legal entities where they are not the Candidate or the Employer themselves. All job advertisements must adhere to CVQuest’s Community Guidelines, any breach of this my result in suspension from the platform at the discretion of CVQuest’s moderators.

3.5 Notifications and Messages

The Member agrees to CVQuest sending notifications and messages via email or browser, these setting can be changed through the Member profile settings to control and limit the notifications received from CVQuest. As such the Member agrees that the Members contact information will always be up to date and accurate.

3.6 Service Availability

CVQuest may change, suspend or discontinue any of CVQuest’s Services. CVQuest may also modify CVQuest’s prices effective prospectively upon reasonable notice to the extent allowed under the law.
CVQuest do not promise to store or keep showing any information and content that the member has posted. CVQuest is not a storage service. The Member agrees that CVQuest have no obligation to store, maintain or provide a copy of any content or information that members provide, except to the extent required by applicable law and as noted in CVQuest’s Privacy Policy.

4 Rights and Property

4.1 Account Information and Data

CVQuest does not own any User Data, information, or material that members submit to the Service in the course of using the Service. The Member, shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data. CVQuest shall in NO WAY be responsible or liable for the deletion, correction, accuracy, destruction, damage, loss or failure to store any User Data. CVQuest reserves the right to withhold, remove and/or discard User Data without notice for any breach, including and without limitation, non-payment. Upon termination of services, the Members right to access or use User Data immediately ceases, and CVQuest shall have no obligation to maintain or forward any User Data.

4.2 Your License to CVQuest

The Member is granting CVQuest and CVQuest’s affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and User Data that the member provides through CVQuest’s Services, Platform and the services of third parties, without any further consent, notice and/or compensation to the Member or others. These rights are limited in the following ways:

1. The Member can terminate the license for specific User Data by deleting such User Data from the Services and Platform, or generally by terminating the account, except (a) to the extent the member has shared User Data with others as part of the Service and Platform (b) Other Members have copied, re-shared or stored The User Data that was made available by another member of the Platform and or services (b) for the reasonable time it takes to remove from backups and other systems. Backups may contain User Data for an extended period.
2. CVQuest will not include any Members User Data in advertisements for the Platform and or services of third parties without the Members separate consent (including sponsored content). However, CVQuest have the right, without payment to The Member or others, to serve ads near Any Members User Data and information.
3. CVQuest will get the Members consent if CVQuest want to give others the right to publish Any Members User Data beyond the CVQuest Portal and or Services. However, if The Member chooses to share any User Data as "public, everyone or similar", CVQuest will enable a feature that allows other members to embed that public User Data onto third-party services, and CVQuest enable search engines to make that public User Data findable though their services.
4. While CVQuest may edit and make format changes to any User Data (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), CVQuest will put reasonable effort to not modify the meaning of the original expression.

4.3 Intellectual Property Ownership

CVQuest alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to CVQuest, the Portal, the Services, The Documentation, the Software, the Technology, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any party relating to the Service. This Agreement is not a sale and does not convey to any entity any rights of ownership in or related to the Service, the CVQuest Technology or the Intellectual Property Rights owned by CVQuest. The CVQuest name, logo, trademarks, and the product names associated with the Service are trademarks of CVQuest or third parties, and no right or license is granted to use them.

4.4 Third-Party Infringement

The Member hereby agrees to use reasonable efforts to not infringe on any trademarks, copyrights or intellectual property of other persons, companies or legal entities within the use of this platform and or services and that any claims regarding copyright infringement of such content is the members responsibility and liability. CVQuest retains the right to remove such content at any time. Such infringements may result in suspension of the members account, for more information refer to CVQuests Community Guidelines and Copyright Policy.

5 Limits

5.1 Applying to Jobs

To maintain the quality of the Platform and Services, CVQuest in its sole discretion may impose limits on the members ability to apply to Job Listings or to other CVQuest services. CVQuest reserves the right to restrict, suspend, or terminate any Member account if the member breaches this Agreement or law or if the member is misusing the Services as per the Community Guidelines. CVQuest reserves the right to make the platform and or any services pay to use at a later date, The Member will not be liable for payment for use of the Platform and or services prior to the services being made pay to use but the member may have limited use of this services and or platform or be subject to charges for further use of the service and or platform.

5.2 Creating Job Listings

To maintain the quality of the Site and Services, CVQuest in its sole discretion may impose limits on the members ability to create Job Listings or to other CVQuest services. CVQuest reserves the right to restrict, suspend, or terminate the members account if the member breaches this Agreement or law or if the member is misusing the Services as per the Community Guidelines. CVQuest reserves the right to make the platform and or any services pay to use at a later date, The Member will not be liable for payment for use of the Platform and or services prior to the services being made pay to use but the member may have limited use of this services and or platform or be subject to charges for further use of the service and or platform.

6 Disclaimer and Limitations of Liability

6.1 No Warranty

CVQuest makes no representation or warranty that the services and or platform will be uninterrupted or error-free, and provides the services and or Platform on and “As Is” and “As Available” bases.

6.2 Storage and Accuracy of Data

While CVQuest stores documents on Members behalf, CVQuest is not a dedicated storage service and, therefore, does not provide any guarantee regarding the persistence of any data. CVQuest holds no liability for the accuracy and storage of any data. Consequently, Members are responsible for thoroughly reviewing User Data, as well as maintaining copies for safekeeping.

6.3 Exclusion of Liability

To the fullest extent permitted under applicable law, CVQuest will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, information or content or User Data) or any indirect, incidental, consequential, special or punitive damages.

6.4 Exclusion of Damages

In no event will either CVQuest be liable to Users for any special, incidental, indirect, or consequential damages (including lost profits or lost data), whether based on breach of contract, tort (including negligence), product liability, or otherwise, and whether or not CVQuest has been advised of the possibility of such damage.

6.5 Failure of Essential Purpose

Members acknowledge that these limitations reflect the allocation of risk set forth in these Terms and that CVQuest would not enter into these Terms without the limitations on its liability in this Section 5. The Member agrees that the limitations specified in this Section 5 will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

7 Termination and Suspension

7.1 Termination of Services

Both the Member and CVQuest may terminate this Contract at any time with notice to the other. On termination, The Member loses the right to access the Platform and or use the Services. The following shall survive termination:

1. CVQuests rights to use and disclose any Members feedback;
2. Members rights to further re-share User Data and information shared by another member through the Platform and or Services prior to termination;
3. Any amounts owed by either party prior to termination remain owed after termination.
4. Sections 4, 5 and 10 of this Agreement. 

8 Employer Services

8.1 Verification of Information

In a Candidate Summary or other product or service on the Platform, members may see a verification of a Job Seeker’s skills, certifications, or other qualifications. CVQuest does not guarantee the accuracy of such verifications or information, and Members are solely responsible for independently verifying User Data and information on the Platform.

9 How To Contact CVQuest

9.1 General Inquiries

For General Inquiries Users can make use of either CVQuest’s FAQs page or Users can contact CVQuest using the form on on the CVQuest General Inquiries page.

9.2 Complaints Regarding Content

For Complaints Regarding Content, Users can make use of either CVQuest’s report feature that is provided on the platform. Alternatively, CVQuest provide processes and policies for complaints concerning content posted by our members.

9.3 Legal Notices

For Legal Notices you can write to us at this postal address:
CVQuest PTY LTD
200 Dr Vosloo Dr,
Bartlette, Boksburg,
Gauteng,
South Africa,
1459

10 General Provisions

10.1 Governing Law

The law and venue of the agreement created by the Member acceptance of these Terms depends on the members principal address.

1. If the members principal address is in South Africa, the agreement is entered into with CVQuest (PTY) LTD, and the interpretation and enforcement of these terms will be governed by, and construed in accordance with, the laws of South Africa without giving effect to any choice of law principles that would require the laws of a different country or state and the exclusive venue for the resolution of any dispute that the Parties cannot resolve amicably will be the courts located in South Africa, Gauteng.
2. If your principal address is anywhere else in the world, then the interpretation and enforcement of these terms will be governed by, and construed in accordance with, the laws of South Africa without giving effect to any choice of law principles that would require the laws of a different country or state and the exclusive venue for the resolution of any dispute that the Parties cannot resolve amicably will be the courts located in Gauteng South Africa.

10.2 Severability

1. If a court with authority over this Contract finds any part of it unenforceable, the Member and CVQuest agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the Member and CVQuest agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
2. This Contract (including additional terms and Documentation that may be provided by CVQuest when you engage with a feature of the Platform and or Services) is the only agreement between CVQuest and you regarding the Services and supersedes all prior agreements for the Services.
3. If CVQuest does not act to enforce a breach of this Contract, that does not mean that CVQuest has waived its right to enforce this Contract. The User may not assign or transfer this Contract (or membership or use of the Platform and or Services) to anyone without CVQuest’s consent. However, the User agrees that CVQuest may assign this Contract to its affiliates or any party without consent. There are no third-party beneficiaries to this Contract.
4. The User agrees that the only way to provide CVQuest legal notice is at the addresses provided in Section 9.3

10.3 Force Majeure

Neither Party will be responsible for any failure to perform due to causes beyond its reasonable control (each a "Force Majeure"), including acts of God, war, riot, acts of civil or military authorities, fire, floods, earthquakes, accidents, public health crisis, quarantine, strikes, or fuel crises.