Introduction

We are an online platform designed for individuals seeking employment (“Candidates”), organizations searching for talent to fill job openings (“Recruiters”), and individuals representing a Recruiter (“Recruiter Members”). This contract (“Terms of Use”, “Contract” or “User Agreement”) outlines the rules, responsibilities and guidelines when you use our website, applications, and services (collectively referred to as “Services”).

Our registered users, including Candidates and Recruiter Members (“Users”), share their professional profiles, post and view relevant content, to help them discover career opportunities and talent. Some content and data on our Services are accessible to non-users (“Visitors”).

You and Candyees are collectively referred to as the “Parties” to this Contract, with “Party” referring to either of us as the context dictates. Candyees may also be referred to as “we” or “us.” You may access our Services either as a User or a Visitor.

This Contract applies to all Users and Visitors of our Services.

1. Contract with Candyees

1.1 Contract

By creating a Candyees account, accessing, or using our Services, you are entering into a legally binding agreement with Candyees. This applies even if you are using third-party credentials or using our Services on behalf of an organization. If you create an account or use the Services on behalf of an organization, you confirm that you have the authority to accept these terms on their behalf.

As a Visitor or User of our Services, your personal data’s collection, use, and sharing are governed by this Contract and our Privacy Policy, along with any updates to them. Our Privacy Policy explains how we gather, use, share, and store your personal information.

If you do not agree to this Contract, you should not create an account, access, or use our Services. If you wish to terminate this agreement at any time, you can close your account and stop accessing or using our Services. If you disagree with any changes to the Contract or our Privacy Policy, you have the option to close your account.

By using our Services, you acknowledge that you have read this Contract and our Privacy Policy and understand your rights and responsibilities outlined in these documents. You agree to be bound by all of these terms.

1.2 Services

This Contract applies to candyees.com and other Candyees website domains, Candyees-branded apps, and other Candyees-related platforms, apps, communications, and Services offered under this Contract. This includes the offsite collection of data for these Services, such as through our advertisements and the “Apply with Candyees” plugins.

Candyees facilitates connections between you and other Users who present opportunities (on their own behalf, on behalf of their organizations, or others), such as offers to become a candidate for employment. You acknowledge that Candyees does not provide these services nor employ the individuals offering them.

Additionally, you recognize that Candyees does not supervise, direct, control, or monitor Users in making these offers or in providing you with work or services. You agree that (1) Candyees is not responsible for these offers or their fulfilment, (2) Candyees does not endorse any specific User’s offers, and (3) Candyees is not an agent or employment agency representing any User offering employment or other work or services. Regarding employment or other work opportunities, Candyees does not make hiring or employment decisions on behalf of Users offering these opportunities and does not have such authority from Users or organizations utilizing our products.

1.3 Users and Visitors

When you sign up and join the Candyees Services, you become a User. If you choose not to register, you can still access certain features as a Visitor.

2. Responsibilities

2.1 Service Eligibility

By agreeing to this Contract, you make the following commitments to us:

The “Minimum Age” required to use Candyees Services is 18 years old. However, if the law requires that you must be older for Candyees to lawfully provide the Services to you without parental consent (including the use of your personal data), then the Minimum Age will be the higher age as specified by law.

You confirm that you are eligible to enter into this Contract and are at least the Minimum Age. The Services are not intended for anyone under the age of 18.

To use the Services, you agree to the following: (1) you are at least the Minimum Age; (2) you will only have one Candyees account, which must be registered in your real name; and (3) you are not currently restricted by Candyees from using the Services. Creating an account with false information, including accounts created on behalf of others or for individuals under the age of 18, is a violation of our terms.

2.2 Your Account

You are responsible for keeping your password confidential. Do not share your account with anyone else, and ensure you comply with our policies and the law.

As an account holder, you agree to: (1) protect your account from unauthorized access (e.g., by using a strong password and keeping it private); (2) not share or transfer your account or any part of it (e.g., selling or transferring personal data by transferring your connections); and (3) comply with the law and Section 7 of this Contract. You are responsible for any activities that occur through your account unless you close it or report misuse.

Your account belongs to you. However, if a third party (e.g., a Recruiter or organization) purchased the Services for you, they have the right to control access to and receive reports on your use of the paid Service. However, they do not have rights to your personal account.

2.3 Payment and Refund

This Section governs the purchase, receipt, or use of Service Credits, which can be used to access our Services either for yourself or on behalf of others, such as a Recruiter.

Service Credits are not legal tender, currency, or equivalent to money. They are not redeemable, refundable, or exchangeable for cash or monetary value, and they do not substitute for fiat currency. Service Credits do not grant you any personal property rights. They are non-transferable and may only be used in connection with our Services.

Your Service Credit balance is not a bank account, digital wallet, or stored value account. You can view your Service Credit balance and usage through your Candyees or Recruiter account settings under the “Wallet” section. It is your responsibility to ensure that the correct amount of Service Credits has been added or deducted from your balance.

You prepay for our Services by purchasing credits (“Prepaid Service Credits”). These credits represent the amount you’ve paid in advance for our Services. All sales of Prepaid Service Credits are final and non-refundable. We may also offer Promo Service Credits free of charge as part of a promotional program.

We may update our prices for Prepaid Service Credits at any time. If there is a price increase, we will notify you at least 30 days in advance. You consent to us storing your payment information. We reserve the right to modify our pricing in the future.

 

When purchasing Prepaid Service Credits, you acknowledge that applicable fees and taxes may apply, and you agree to pay these charges. Additionally, purchases may be subject to foreign exchange fees or price differences based on your location (e.g., exchange rates).

We do not recognize or allow the transfer, sale, gifting, or trading of Service Credits. Any attempt to use, sell, or transfer Service Credits in violation of this Contract may result in the revocation, termination, or cancellation of your Service Credits and/or access to the Services, without a refund, and could lead to the suspension or termination of your account.

We reserve the right to suspend or terminate your use of the Services at our sole discretion, including suspending or terminating your Service Credit balance, in compliance with applicable law and this Contract.

2.4 Notices and Messages

You agree to receive notices and messages from us through our websites, apps, and the contact information you’ve provided. If your contact information is outdated, you may miss important notices.

We will send notices and messages to you in the following ways: (1) within the Services or (2) to the contact information you have provided (e.g., email, mobile number). It is your responsibility to keep your contact information up to date.

You can review and adjust your settings to control and limit the messages you receive from us.

2.5 Sharing

When you share information on our Services, it may be visible, copied, and used by others.

Our Services allow you to share information (including content) in various ways, such as through your profile, job postings, messages, and notes. Depending on the feature and your settings, the information you share may be accessible to other Users, Visitors, or others both on and off the Services. Where we provide settings for controlling visibility, we will respect the choices you make about who can view your content or other information.

3. Rights and Limits

3.1. Your License to Candyees

You retain ownership of all your original content that you submit, post, upload, or otherwise provide to the Services. However, you agree that we may use your content to provide, maintain, develop, and improve our Services, comply with applicable laws, enforce our terms and policies, and ensure the safety of our Services.

By using our Services, you grant Candyees, its affiliates, and licensors a non-exclusive, worldwide, transferable, perpetual, and sublicensable license to use, copy, modify, distribute, publicly perform, display, host, and process the content and information you provide (e.g., share, post, upload, or otherwise submit) without further consent, notice, or compensation to you or others. However, these rights are subject to certain limitations:

1. Termination of License: You can terminate this license for specific content by deleting it from the Services or by closing your account. However, this does not apply if (a) others have shared, copied, or stored it, (b) we had sublicensed it to others before you removed the content, or (c) we are required by law to retain or share it. Additionally, content may remain in backup systems after removal.
2. Promotional Use: If you use a Service feature, we may promote it by associating your name or photo with that feature, subject to your settings.
3. Content Editing: We may modify your content by making format changes (such as translating, resizing, or altering file types) but will aim to preserve the meaning of your expression.
4. Ownership Rights: Since you own your content and we only have non-exclusive rights to it, you are free to share it with others as you choose.

Both you and Candyees agree that if your content includes personal data, it will be handled according to our Privacy Policy. You also consent to Candyees’ access, storage, processing, and use of any information (including content and personal data) provided in line with the Privacy Policy and your preferences (including your settings).

By submitting suggestions, ideas, improvements, or other feedback to Candyees, you agree that Candyees, its affiliates, and licensors can use, develop, and share (but does not have to) this feedback for any purpose, without compensation to you.

You agree that you only provide content and information that you have the right to share, and that your Candyees profile and all other content submitted is truthful. You also agree not to provide content or information that violates the law or anyone’s rights (including intellectual property rights). While you have control over the information you provide on your profile, you agree that the profile details you share and all other content submitted will be accurate and truthful.

3.2 Service Availability

We reserve the right to modify or restrict access to certain features or discontinue any Service entirely. We may alter, suspend, or terminate any of our Services at any time. Additionally, we may restrict the availability of specific features, content, and other information, making them inaccessible to certain Visitors or Users. 

We do not guarantee the storage or continued display of any content or information you share. By using our Services, you acknowledge that we are not obligated to store, maintain, or provide you with a copy of any content or information you or others provide, unless required by law and as outlined in our Privacy Policy.

3.3 Other Content and Information

Using content and information from others posted on our Services is done at your own risk.

By accessing the Services, you may come across content or information that is inaccurate, incomplete, outdated, misleading, illegal, offensive, or otherwise harmful. You agree that we are not liable for any content or information shared through or within the Services by others, including Users. While we use automated tools to review much of the content and information on the platform, we cannot prevent misuse, and you acknowledge that we are not responsible for such actions. Additionally, you recognize the risk that others may share incorrect or misleading information about you or your organization, and that you or your organization could be wrongly associated with content related to others.

3.4 Limits

Candyees reserves the right to limit your access to and use of the Services. We may restrict, suspend, or terminate your account if you breach this Contract, violate the law, or misuse the Services (e.g., by violating any provisions in Section 7). 

Additionally, we have the right to remove any content or information you’ve shared if we believe it breaches Section 7 or otherwise violates this Contract.

3.5 Intellectual Property Rights

We are informing you about our intellectual property rights. 

Candyees, along with its affiliates and licensors, retains all intellectual property rights related to the Services. Candyees logos, trademarks, service marks, graphics, and logos associated with our Services are either trademarks or registered trademarks of Candyees. 

Trademarks and logos provided by Users in connection with the Services belong to their respective owners. By using the Services, you grant us a non-exclusive, royalty-free, perpetual license to use any of your information, trademarks, and copyrighted works that you provide to us for the purpose of delivering the Services.

3.6 Recommendations and Automated Processing

We use data and other information about you to provide relevant suggestions and generate content for you and others. 

This data helps us recommend and present information that may be more relevant to you. For example, we may use this information to suggest job opportunities to you and connect you with recruiters and employers, improving your experience with the Services. Keeping your profile up to date helps us make these recommendations more accurate and tailored to your needs. 

By using the Services, you may interact with features that automatically generate content for you. Please note that the content created may be inaccurate, incomplete, delayed, misleading, or not suitable for your needs. Like all content on our Services, even if labeled as “AI-generated,” we require you to carefully review it before relying on it. 

Before sharing any generated content, whether using Candyees tools or others outside of Candyees, please review and edit it. As with all content you share on our Services, you are responsible for ensuring it complies with this Contract and our Privacy Policy, including avoiding the sharing of misleading information. 

Candyees makes no guarantees regarding the accuracy of any recommendations or generated content, collectively referred to as “Outputs.” If you intend to use Outputs for any purpose, it is your responsibility to verify their accuracy. Outputs may not reflect complete, current, or accurate information.

4. Disclaimer of Warranty and Limitation of Liability

Candyees strives to ensure that our Services meet all relevant safety and performance standards. However, the Services may still contain errors, bugs, or other issues that could cause failures in the Services or in any associated hardware or software. The Services are subject to change, and Candyees reserves the right to modify them at any time.

CANDYEES, ITS AFFILIATES, AND LICENSORS DO NOT MAKE ANY GUARANTEES OR WARRANTIES REGARDING THE SERVICES, INCLUDING ANY ASSURANCE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT WILL REMAIN INTACT OR UNALTERED. THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT ALLOWED BY LAW, CANDYEES DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, RELATING TO THE SERVICES AND THEIR COMPONENTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BY USING THE SERVICES, YOU ASSUME ALL LIABILITY RELATED TO THE USE OF THE SERVICES AND AGREE TO HOLD HARMLESS CANDYEES, ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES FROM ANY DAMAGES, INCLUDING THOSE RELATED TO THE INSTALLATION, USE, OR INABILITY TO USE THE SERVICES, OR ANY VIOLATION OF THIS CONTRACT. ANY USAGE AND RELIANCE ON THE SERVICES ARE AT YOUR OWN AND SOLE RISK.

YOU ALSO AGREE TO TAKE FULL RESPONSIBILITY AND HOLD HARMLESS CANDYEES, ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES, FROM ANY COSTS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THIRD-PARTY CLAIMS RELATED TO YOUR USE OF THE SERVICES OR ANY VIOLATION OF THIS CONTRACT.

TO THE FULLEST EXTENT ALLOWED BY LAW, CANDYEES, ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, SAVINGS, DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, RESULTING FROM YOUR USE OF THE SERVICES OR ANY INABILITY TO USE THEM, EVEN IF CANDYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE THEIR USE.

These limitations of liability do not apply in cases of fraud, serious negligence, intentional wrongdoing, or when there has been a breach of a material obligation. A material obligation is one that is essential to our provision of the Services and on which you reasonably rely. In these cases, damages must be directly caused by the breach, foreseeable at the time the Contract was concluded, and typical in the context of the Contract. Our total liability under these terms will not exceed the amount you paid for the Services that led to the claim in the 12 months prior to the liability occurring.

5. Termination

You can terminate this Contract at any time by closing your account and ceasing to access or use our Services.

If we determine, at our discretion, that you have clearly, seriously, or repeatedly violated this Contract or the Privacy Policy, Candyees may suspend or permanently disable your access to the Services, and we may deactivate or delete your account. Additionally, we may disable or delete your account if you repeatedly infringe on others’ intellectual property rights or if we are required to do so for legal reasons. Therefore, we reserve the right to suspend or terminate your access to the Services or delete your account.

When the Contract is terminated, some rights and obligations will remain in effect. The following will survive termination:

1. Our rights to use and disclose your feedback;
2. Section 3 (subject to 3.1.1); and
3. Sections 4, 6, 7, and 10 of this Contract.

6. Governing Law and Dispute Resolution

This Contract is governed by South African law. You agree to submit to the jurisdiction of the Magistrate’s Court for any actions or proceedings Candyees may initiate against you in connection with this Contract, even if the matter would typically be outside its jurisdiction, without affecting our right to bring any action in any other court with appropriate jurisdiction.

We aim to establish clear rules to minimize or avoid disputes between us. We prefer to understand and address any concerns before taking formal legal action. Before either party initiates a claim, we both agree to attempt to resolve the issue informally. You agree to notify us by emailing complaints@candyees.com, and we will contact you at the email address associated with your account.

If we cannot resolve the dispute informally within 60 days, either party may refer the dispute to mediation under the rules of AFSA (the Arbitration Foundation of Southern Africa) or its successor, or another body it designates in writing.

If mediation fails, either party has the right to refer the dispute to arbitration within 60 days, following AFSA’s latest rules for expedited arbitrations (including any appeals). The arbitration will be conducted in English in Johannesburg, and both parties will agree on and appoint an arbitrator. If the parties cannot agree on the arbitrator within 60 days of the referral, the AFSA Secretariat will appoint one.

7. Acceptable Use and Conduct

The following list outlines the actions you can and cannot take on our Services, unless explicitly allowed by Candyees in writing (e.g., through a separate research agreement).

You agree that you will:

1. Comply with all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, export control laws, and laws governing content shared, along with other relevant laws and regulations;
2. Provide accurate and up-to-date contact and identity information to us;
3. Provide accurate and complete information, which includes profile information and other submitted content;
4. Use your real name in your profile; and
5. Use the Services in a professional manner.

With limitation, you agree that you will not:

1. Create a false identity on Candyees, misrepresent your identity, provide fraudulent information, create a profile for anyone other than yourself (a real person), or attempt to use someone else’s account (e.g., by sharing login credentials);
2. Impersonate or misrepresent your affiliation with any individual or entity;
3. Use our Services in a way that poses risk or harm to Candyees, our affiliates, licensors, users, or others;
4. Use our Services for unlawful, misleading, discriminatory, or fraudulent purposes;
5. Misuse our reporting or appeals process, including by submitting duplicative, fraudulent, or unfounded reports, complaints, or appeals;
6. Copy, use, display, or distribute any information (including content) from the Services, whether directly or via third parties (e.g., search tools or data aggregators), without consent from the content owner (such as Candyees for its own content);
7. Disclose information you do not have permission to disclose, such as confidential information belonging to others (including your recruiter or employer);
8. Post, publish or share materials that is explicit, obscene or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
9. Provide feedback on our Services publicly, including all forms of social media, for any motivation other than an honest assessment of our Services;
10. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights, by copying or distributing their content without permission;
11. Violate the intellectual property rights of Candyees, including but not limited to:

1. 1. Copying or distributing our content and materials;
   2. Copying or distributing our technology (unless released under open source licenses);
   3. Using the term “Candyees” or our logos in any business name, email, or URL without permission;

1. Imply or state that you are affiliated with or endorsed by Candyees without our express consent;
2. Develop, support, or use software, devices, scripts, robots, or any other means (e.g., crawlers, browser plugins) to scrape or copy the Services, including profiles and other data;
3. Override security features or bypass access controls or usage limits of the Services (e.g., search results, profiles);
4. Post or share anything containing viruses, worms, or other harmful code;
5. Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Services or any related non-open source technology;
6. Rent, lease, loan, trade, sell, re-sell, or otherwise monetize the Services or related data or access to them without Candyees’ consent;
7. Use bots or other unauthorized automated methods to access the Services, send messages, create content, or drive inauthentic engagement;
8. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
9. Overlay or modify the Services or their appearance (e.g., inserting elements into the Services or removing/covering elements within them); or
10. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., through spam, denial-of-service attacks, viruses, or manipulating algorithms).

While using the Services, you are solely responsible for your conduct. You agree to indemnify, defend, and hold harmless Candyees, its affiliates, licensors, employees, officers, directors, agents, and representatives from any legal costs, charges, losses, or damages resulting from any actions for which you are responsible while using our Services.

8. Complaints Regarding Information.

We encourage you to report any content or information, such as profile details, messages, or third-party services and links, that you believe infringes upon your rights (including intellectual property rights) or violates this Contract or the law.

Where legally possible, we may remove or restrict access to content, features, services, or information if we believe it is necessary to prevent harm to Candyees or others, if it violates the law, or if it is needed to prevent misuse of our Services. We reserve the right to take action in response to serious violations of this Contract, which may include implementing account restrictions, suspensions, or terminations for significant infractions.

9. How To Contact Us

If you have questions or complaints regarding this Contract, please first contact Candyees online. You can also reach us at complaints@candyees.com to resolve any concerns.

10. General Terms

This Contract represents the entire agreement between you and Candyees concerning the Services. It is the sole agreement between the Parties regarding the Services and supersedes all previous agreements related to the Services.

We may update this Contract and our Privacy Policy from time to time. If required by law or if there are material changes to this Contract, we will notify you through our Services or by other means to give you the chance to review the changes before they take effect. We agree that any changes will not be applied retroactively. If you object to any changes, you may close your account. Continued use of our Services after we notify you of these changes means you consent to the updated terms as of their effective date.

All provisions in this Contract are severable, regardless of how they are grouped or phrased. If any provision becomes unenforceable, whether due to invalidity, illegality, or for any other reason, that provision will be treated as if it were not written, and the remaining provisions will remain in full effect. The Parties intend that this Contract would have been executed without the unenforceable provision had they known of its unenforceability.

If we do not act to enforce a breach of this Contract, it does not waive our right to enforce it in the future. You may not assign or transfer this Contract to anyone without our consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us with legal notice is through the addresses provided in Section 9.