Terms & Conditions

Introduction 

Candyees is a service operated by Incasu (Pty) Limited, a company incorporated in South Africa with registration number 2000/010067/07. Incasu (Pty) Limited may also be referred to as “Candyees”, “we” or “us”. 

Candyees is an online platform for individuals seeking employment (“Job Seekers”), organisations that use the Services to search for talent to fill job openings (“Employers”), and individuals representing an Employer (“Employer Members”). These Terms of Use (the “Contract”) set out the rules, responsibilities and guidelines that apply when you use our website, applications and services (together, the “Services”). 

Our registered users, including Job Seekers and Employer Members (“Users”), share professional profiles and post and view relevant content to discover career opportunities and talent. Some content on our Services, including job listings, is accessible to people who are not registered (“Visitors”). 

You and Candyees are together referred to as the “Parties”, and each as a “Party”. You may access our Services as a User or a Visitor. This Contract applies to all Users and Visitors. 

Candyees is free for Job Seekers. We never charge a Job Seeker any fee to create a profile, search for jobs, view listings or apply for a job, and this Contract prohibits Employers from doing so (see clauses 2.6 and 7.3). 

Important clauses. Clauses that limit our liability, require you to take responsibility for certain risks, or contain an acknowledgement by you have their key parts shown in bold or in capital letters. Please read them carefully: clauses 1.1, 1.2, 2.2, 2.3, 2.5, 2.6, 3.1, 3.2, 3.3, 3.5.1 and 3.6, and Sections 4 and 6. 

1. Contract with Candyees 

1.1 Contract 

By creating a Candyees account, or by accessing or using our Services, you enter into a legally binding agreement with Candyees. This applies even if you use third-party credentials or use our Services on behalf of an organisation. If you create an account or use the Services on behalf of an organisation, you confirm that you have the authority to accept this Contract on its behalf. 

The collection, use and sharing of your personal information is governed by this Contract and our Privacy Policy, as updated from time to time. Our Privacy Policy explains how we collect, use, share and store your personal information. If this Contract and the Privacy Policy conflict on a matter relating to personal information, the Privacy Policy prevails. 

If you do not agree to this Contract, do not create an account or access or use our Services. You may end this Contract at any time by closing your account and no longer accessing or using our Services. If you do not agree to a change to this Contract or the Privacy Policy, you may close your account. 

By using our Services, you confirm that you have read this Contract and our Privacy Policy and understand your rights and responsibilities under them. You agree to be bound by this Contract and to use the Services in accordance with the laws of South Africa. 

1.2 Services 

This Contract applies to candyees.co.za and its sub-domains (including app.candyees.co.za), any other Candyees website domain, and any other Candyees-branded platform, communication or Service offered under this Contract. 

Candyees provides an online platform on which Employers advertise vacancies and find candidates, and Job Seekers find and respond to vacancies. Employers may publish job listings on Candyees directly. Candyees also publishes job listings that it obtains from third-party sources (“Imported Listings”), as described in clause 3.5.1. 

You acknowledge that Candyees does not supervise, direct or control Employers in making offers of employment or other work. You agree that: 

1. Candyees is not responsible for those offers or their fulfilment; 
   
   
2. Candyees does not endorse any Employer or any specific offer; 
   
   
3. Candyees does not make hiring or employment decisions, and has no authority to make them or to conclude any employment contract on behalf of any Employer, Job Seeker or organisation; and 
   
   
4. where an Imported Listing is displayed, the employer named in it has not posted it on Candyees, and Candyees is not affiliated with, sponsored by or endorsed by that employer. 

No fees to Job Seekers. Candyees does not charge Job Seekers any fee, in money or in any other form, for any service provided to them, including viewing listings, creating a profile, being matched or applying for a job. If anyone asks you to pay to apply for a job advertised on Candyees, or claims to collect payment on behalf of Candyees or an employer listed on Candyees, do not pay and report it to us using the details in Section 9. 

1.3 Users and Visitors 

When you register for the Services, you become a User. If you do not register, you may still access certain features, including public job listings, as a Visitor. 

2. Responsibilities 

2.1 Service Eligibility 

By agreeing to this Contract, you confirm the following: 

1. You are at least 18 years old (the “Minimum Age”). The Services are not intended for anyone under 18. If the law requires a higher age for Candyees to lawfully provide the Services to you without parental consent, the Minimum Age is that higher age. 
   
   
2. You are legally able to enter into this Contract. 
   
   
3. You will have only one Candyees account, registered in your real name. 
   
   
4. You are not currently restricted by Candyees from using the Services. 

Creating an account with false information, for another individual, or for a person under the Minimum Age is a breach of this Contract. 

2.2 Your Account 

You are responsible for keeping your password confidential. As an account holder, you agree to: 

1. protect your account from unauthorised access, for example by using a strong password and keeping it private; 
   
   
2. not share or transfer your account or any part of it, for example by selling or transferring access or personal information; and 
   
   
3. comply with the law and Section 7 of this Contract. 

You are responsible for activity on your account unless you have closed it, reported misuse to us, or the activity results from a failure of our security. 

Your account belongs to you. If an Employer purchased Services for you as an Employer Member, the Employer may control access to, and receive reports on your use of, those paid Services. The Employer has no rights to your personal account. 

2.3 Payment and Refunds (Employers) 

This clause governs the purchase and use of Service Credits, which Employers and Employer Members use to pay for Services for Employers, such as publishing job listings, inviting candidates, viewing applicants’ profile information and searching public professional profiles. Job Seekers never pay for any Service and do not need Service Credits. 

What Service Credits are. Service Credits are not legal tender, currency or a substitute for money. They are not a bank account, digital wallet or stored-value account, are not transferable, and may only be used for Services on Candyees. You can view your balance and usage under “Wallet” in your account settings. Please check that the correct number of Service Credits has been added or deducted. If you believe your balance is wrong, tell us and we will investigate and correct any error. 

Prepaid Service Credits. You pay in advance for Services by purchasing credits (“Prepaid Service Credits”). Prepaid Service Credits do not expire. We may also offer free “Promo Service Credits” as part of a promotion, subject to the terms of that promotion. 

Prices and payment. Prices are in South African Rand and include VAT where applicable. The full price and the accepted payment methods are shown before you pay. Payments are processed by a third-party payment service provider; we do not store your full card details. We may change our prices for Prepaid Service Credits and the number of Service Credits needed for a Service. We will give you at least 30 days’ notice of an increase. 

Fees and charges. The Employer is liable for all fees and charges for the Services it buys, including taxes and any bank, payment or foreign exchange charges. Where an Employer Member buys Service Credits or Services for an Employer, the Employer is liable for the payment. 

Refunds. Except where the law gives you a right to cancel or to a refund, purchases of Prepaid Service Credits are final and non-refundable, and Service Credits cannot be exchanged for cash. Nothing in this clause limits: 

1. your right, if you are a natural person, to cancel a purchase within 7 days without reason or penalty under section 44 of the Electronic Communications and Transactions Act 25 of 2002, where that right applies; or 
   
   
2. your rights under the Consumer Protection Act 68 of 2008, if that Act applies to you (for example, if you are a juristic person whose asset value or annual turnover is below the threshold set under that Act). 

Misuse. You may not transfer, sell, gift or trade Service Credits. If you do, or if you materially breach this Contract, we may suspend or cancel Service Credits that were transferred or obtained in breach of this Contract, and suspend your access to the Services, to the extent permitted by law. 

2.4 Notices and Messages 

You agree to receive notices and messages from us within the Services and at the contact details you have given us (for example, email or mobile number). It is your responsibility to keep your contact details up to date. If they are outdated, you may miss important notices. 

You can review and adjust your settings to control and limit the non-essential messages you receive from us. You cannot opt out of service-related messages, such as security and legal notices. 

2.5 Sharing 

When you share information on our Services, others may see, copy and use it. Our Services allow you to share information in various ways, such as through your profile, job listings, applications and messages. Depending on the feature, it may be visible to other Users and, for job listings and Employer profiles, to Visitors and others on and off the Services. Where we provide settings to control visibility, we will respect your choices. How profile information is shown to Employers is explained in our Privacy Policy. 

2.6 Employer Responsibilities 

If you use the Services as an Employer or Employer Member, you also agree that: 

1. No fees to Job Seekers. You will not charge, or ask anyone to charge, a Job Seeker any fee for applying for, or being considered for, a job advertised on Candyees, in line with the Employment Services Act 4 of 2014. 
   
   
2. Genuine vacancies. Every job you publish is a genuine, current vacancy that you are authorised to advertise. You will keep it accurate and remove it when it is filled or closed. 
   
   
3. Lawful content. Your listings will comply with all applicable laws, including the Employment Equity Act 55 of 1998, and will not unfairly discriminate. 
   
   
4. Candidate information. Personal information of Job Seekers that you access through the Services, including through applications or by viewing applicants’ profile information, may only be used for recruitment for the relevant vacancy. You become a responsible party for that information under the Protection of Personal Information Act 4 of 2013 (“POPIA”) and must process it lawfully and securely. 
   
   
5. Verification. We may ask you for information to verify your organisation and your authority to act for it. Until we can verify this, we may suspend your account or remove your listings. 

Public professional profiles. If you use our service to search public professional profiles of people who are not Users (described in clause 1.8 of our Privacy Policy), you agree to use that information only to recruit for a genuine vacancy, to contact the person only through the professional website where their profile is published, to respect that website’s terms, to stop contacting anyone who asks you to, and not to copy, export or keep the information outside the Services. You are a responsible party under POPIA for any of that information you use. 

3. Rights and Limits 

3.1 Your Licence to Candyees 

You keep ownership of all original content you submit, post, upload or otherwise provide to the Services. 

You grant Candyees a non-exclusive, royalty-free, worldwide licence to use, copy, store, host, process, display, reformat and distribute that content, for as long as it is on the Services, for the purposes of providing, maintaining, securing and improving the Services and complying with the law. We may sub-license these rights only to service providers that help us operate the Services. This licence is subject to the following: 

1. Ending the licence. You can end this licence for specific content by deleting it or closing your account, except where (a) others have already shared, copied or stored it, or (b) we are required by law to keep or share it. Deleted content may remain in backups for a limited period, as described in our Privacy Policy. 
   
   
2. Promotional use. We will not use your name or photo to promote the Services without your consent. 
   
   
3. Formatting. We may make format changes to your content (such as resizing, changing file types or removing formatting) without changing its meaning. 
   
   
4. Personal information. Where your content includes personal information, we handle it in accordance with our Privacy Policy. 

If you send us feedback, ideas or suggestions about the Services (“Feedback”), we may use, develop and share that Feedback for any purpose without compensation to you. 

You agree to provide only content you have the right to share, and that your profile and other content are accurate and truthful. You will not provide content that breaks the law or infringes anyone’s rights, including intellectual property rights. Clause 4.7 sets out your responsibility for third-party claims caused by content you provide in breach of this clause. 

3.2 Service Availability 

We may change, restrict, suspend or discontinue any Service or feature, for example for operational, security, legal or business reasons. 

We do not guarantee that we will store or continue to display any content you or others share. Unless the law or our Privacy Policy requires otherwise, we are not obliged to store, maintain or provide you with a copy of that content. 

3.3 Other Content and Information 

You may come across content on the Services that is inaccurate, incomplete, outdated, misleading or otherwise harmful, including in listings and profiles provided by others. We take steps to check content, but we cannot prevent all misuse. To the extent permitted by law, Candyees is not liable for content provided by other Users or third parties, unless the loss is caused by our gross negligence or wilful misconduct. Others may share incorrect or misleading information about you or your organisation; if this happens, please report it under Section 8. 

3.4 Limits 

We may restrict, suspend or terminate your account in the circumstances set out in Section 5. We may remove any content you have shared if we reasonably believe it breaches this Contract or the law. 

3.5 Intellectual Property Rights 

Candyees and its licensors own all intellectual property rights in the Services. Candyees’ names, logos, slogans, trademarks and graphics are trademarks or registered trademarks of Candyees. 

Trademarks and logos that Users provide remain the property of their owners. By providing them, you grant us a non-exclusive, royalty-free licence to use them for the purpose of delivering the Services while you use the Services. We may remove content suspected of infringing third-party intellectual property rights without prior notice, pending investigation, under the procedure in clause 8.3. 

3.5.1 Third-Party Job Listings and Intellectual Property 

Candyees obtains, receives, processes and displays job listings and related information from third-party sources, which may include applicant tracking systems, APIs, data feeds and job aggregators (Imported Listings, as defined in clause 1.2). This information may include job descriptions, company names, logos, industries and links to external websites. 

Ownership. Company names, trademarks, logos, job descriptions and other intellectual property in Imported Listings belong to their respective owners. Candyees claims no ownership of them, and nothing in this Contract grants any User a licence to them. 

Bona fide, descriptive use. Candyees uses third-party names and logos in good faith (bona fide), and only as reasonably necessary to identify the employer offering a vacancy, describe the employment opportunity and direct Job Seekers to the original listing, in a manner consistent with fair practice. Candyees does not use them as its own trademarks, to brand or promote its own services, or to indicate the origin of any Candyees service. Candyees does not alter third-party logos, other than resizing or reformatting them for display. 

No affiliation. Displaying third-party content on Candyees does not state or imply that Candyees is affiliated or connected with, or sponsored or approved by, that third party where this is not the case, and Candyees does not represent that any employer uses or endorses Candyees. 

Job descriptions. Job descriptions in Imported Listings are displayed, with formatting and general company marketing text removed where this makes them easier to read, only to advertise the relevant vacancy to Job Seekers and direct them to the employer, and are attributed to the employer. 

For Imported Listings, Candyees: 

1. labels Imported Listings as imported and explains, in a notice, that Candyees is not affiliated with, sponsored by or endorsed by the employer; 
   
   
2. provides, where available, a link to the original listing and to the employer’s website, so that Job Seekers can apply directly with the employer; 
   
   
3. does not receive applications on the employer’s behalf, and never charges Job Seekers any fee; 
   
   
4. may remove formatting code and general company marketing text from job descriptions to make them easier to read, and aims not to change the details of the job; and 
   
   
5. regularly checks its feeds for expired job listings and updates or removes them. These checks help keep Imported Listings current, but Candyees does not guarantee that all third-party information is accurate, complete or up to date at all times. 

Objections and removal. Any employer or rights-holder may object to the use of its name, logo or content at any time. Candyees may review, modify, restrict access to or remove any listing, logo or other material where it reasonably considers this appropriate in response to a suspected infringement, misleading association, other legal concern or complaint from a rights-holder. On a verified request under the Employer Opt-Out procedure in clause 8.2, Candyees will remove the relevant listing or logo, correct the listing, or stop importing the employer’s listings, as requested. Nothing in this clause excludes or limits any liability or obligation that cannot lawfully be excluded or limited. 

3.6 Recommendations and Automated Processing 

We use information about you to suggest relevant jobs to you or suitable candidates to Employers, and to generate suggested content for you. 

Matching. Our matching technology filters jobs and profiles in both directions using information such as job titles, qualifications and experience. Keeping your profile up to date makes these suggestions more accurate. Candyees does not make hiring decisions: Employers decide whom to consider and hire. 

Generated content. Some features generate content for you. For example, you can ask us to generate a suggested profile bio from information in your profile, such as your work history. It is saved to your profile only if you accept it, and you can edit or delete it at any time. Generated content may be inaccurate, incomplete or unsuitable. Review and edit it before you rely on it or share it. You are responsible for content you choose to publish, including generated content. 

No guarantee. We do not guarantee the accuracy of recommendations, suggestions or generated content (“Outputs”). Please verify Outputs before using them. To the extent permitted by law, Candyees is not liable for loss caused by an Output being inaccurate, incomplete or unsuitable, unless the loss is caused by our gross negligence or wilful misconduct. 

4. Disclaimer of Warranty and Limitation of Liability 

Candyees works to make sure the Services are reliable and secure. However, the Services may contain errors, bugs or other issues that could cause them, or related hardware or software, to fail. The Services may change from time to time, as set out in clause 3.2. 

NOTHING IN THIS SECTION OR ELSEWHERE IN THIS CONTRACT LIMITS OR EXCLUDES ANY RIGHT YOU HAVE, OR ANY LIABILITY CANDYEES HAS, THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING UNDER THE CONSUMER PROTECTION ACT 68 OF 2008 AND POPIA. THE LIMITATIONS BELOW APPLY ONLY TO THE EXTENT PERMITTED BY LAW. 

4.1 No guarantees. EXCEPT AS SET OUT IN THIS CONTRACT, CANDYEES DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR ALWAYS AVAILABLE, THAT CONTENT PROVIDED BY OTHERS WILL BE ACCURATE OR COMPLETE, OR THAT ANY JOB SEEKER WILL BE HIRED OR ANY VACANCY FILLED. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

4.2 Events beyond our control. CANDYEES IS NOT LIABLE FOR DELAYS OR FAILURES CAUSED BY EVENTS BEYOND ITS REASONABLE CONTROL, SUCH AS POWER OUTAGES, FAILURES OF THIRD-PARTY NETWORKS OR NATURAL DISASTERS. THIS DOES NOT REDUCE OUR DUTY UNDER POPIA TO TAKE APPROPRIATE, REASONABLE MEASURES TO SECURE PERSONAL INFORMATION, OR OUR DUTY TO NOTIFY YOU OF A SECURITY COMPROMISE. 

4.3 Your risk. YOU USE THE SERVICES AT YOUR OWN RISK, AND DECISIONS YOU MAKE BASED ON CONTENT ON THE SERVICES (SUCH AS WHETHER TO APPLY FOR A JOB OR WHOM TO HIRE) ARE YOUR OWN. 

4.4 Exclusion of certain losses. CANDYEES IS NOT LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, OR FOR LOSS OF PROFITS, SAVINGS, DATA OR BUSINESS, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. 

4.5 Limit on our liability. OUR TOTAL LIABILITY TO YOU UNDER THIS CONTRACT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES THAT GAVE RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM AROSE. 

4.6 When these limits do not apply. Clauses 3.3, 3.6 and 4.3 to 4.5 do not apply to loss caused by the fraud, gross negligence or wilful misconduct of Candyees or anyone acting for or controlled by it, to death or personal injury caused by our act or omission, or to our breach of a material obligation (an obligation essential to providing the Services on which you reasonably rely). In the case of a breach of a material obligation, our liability is limited to loss directly caused by the breach that was reasonably foreseeable when this Contract was concluded. 

4.7 Your responsibility for third-party claims. TO THE EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR, AND WILL COMPENSATE CANDYEES AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR, REASONABLE LOSSES AND COSTS (INCLUDING REASONABLE LEGAL FEES) ARISING FROM A THIRD-PARTY CLAIM CAUSED BY YOUR BREACH OF THIS CONTRACT OR YOUR UNLAWFUL USE OF THE SERVICES. THIS DOES NOT APPLY TO THE EXTENT THE CLAIM WAS CAUSED BY CANDYEES OR ANY OF THOSE PEOPLE. 

4.8 Our people. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 4 ALSO PROTECT CANDYEES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, WHO MAY RELY ON THEM. YOU AGREE TO BRING ANY CLAIM ARISING FROM THE SERVICES AGAINST CANDYEES, AND NOT PERSONALLY AGAINST ANY OF THOSE PEOPLE, UNLESS THE CLAIM ARISES FROM THEIR OWN FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT. 

5. Termination 

You may end this Contract at any time by closing your account and no longer accessing or using our Services. 

We may suspend or permanently disable your access to the Services, and deactivate or close your account, if: 

1. you have materially or repeatedly breached this Contract, including by seriously misusing the Services or using them unlawfully (for example, by breaching Section 7); 
   
   
2. you have repeatedly infringed others’ intellectual property rights; or 
   
   
3. we are required to do so by law. 

We may also close your account for any other reason by giving you at least 30 days’ notice. 

When this Contract ends, the following continue to apply: clause 2.3 (for any amount owed by you, or any refund the law requires us to make); clause 2.6 (for personal information obtained through the Services); clause 3.1 (including our right to use Feedback, to the extent described there); clauses 3.3, 3.5 and 3.6; and Sections 4, 6, 7, 8, 9 and 10. 

6. Governing Law and Dispute Resolution 

This Contract is governed by the laws of the Republic of South Africa. 

We want to resolve concerns before either of us takes formal action. Before either Party starts legal proceedings, we both agree to first try to resolve the dispute informally. You can notify us at complaints@candyees.co.za, and we will contact you at the email address linked to your account or, if you have none, the address you used to contact us. 

If we cannot resolve the dispute informally within 60 days, either Party may refer it to mediation under the rules of the Arbitration Foundation of Southern Africa (“AFSA”) or its successor. If mediation fails, the Parties may agree in writing to refer the dispute to arbitration under AFSA’s expedited arbitration rules. Any arbitration will be conducted in English in Johannesburg, by an arbitrator agreed by the Parties or, failing agreement within 60 days of the referral, appointed by the AFSA Secretariat. 

The Parties consent in writing, under section 45 of the Magistrates’ Courts Act 32 of 1944, to the jurisdiction of the court for the district or regional division that has jurisdiction over the defendant under section 28 of that Act, for any proceedings arising from this Contract that would otherwise be beyond its jurisdiction under section 29(1) of that Act, without affecting either Party’s right to approach any other competent court. 

Nothing in this Section prevents either Party from seeking urgent relief from a court. If you are a consumer under the Consumer Protection Act, or a data subject under POPIA, nothing in this Section limits your right to approach the National Consumer Commission, the Consumer Goods and Services Ombud, the Information Regulator, a court or any other body with jurisdiction. In that case, mediation and arbitration are available to you by choice, not as a requirement. 

7. Acceptable Use and Conduct 

This Section lists what you may and may not do on our Services, unless Candyees has expressly allowed it in writing. 

7.1 You agree that you will: 

1. comply with all applicable laws, including privacy, intellectual property, anti-spam, employment and consumer protection laws; 
   
   
2. give us accurate and up-to-date contact information; 
   
   
3. provide accurate and complete information, including profile information and other content you submit; 
   
   
4. use your real name in your profile; and 
   
   
5. use the Services in a professional manner. 

7.2 Without limitation, you agree that you will not: 

1. create a false identity, misrepresent your identity, provide fraudulent information, create a profile for anyone other than yourself (except an Employer profile for an organisation you are authorised to represent), or use someone else’s account; 
   
   
2. impersonate anyone, or misrepresent your affiliation with any person or organisation; 
   
   
3. use the Services in a way that poses a risk of harm to Candyees, Users or others; 
   
   
4. use the Services for unlawful, misleading, unfairly discriminatory or fraudulent purposes; 
   
   
5. misuse our reporting or removal processes, including by submitting duplicate, fraudulent or unfounded reports or requests; 
   
   
6. copy, use, display or distribute information from the Services, directly or through third parties (such as search tools or data aggregators), without the consent of the content owner (Candyees, for its own content); 
   
   
7. disclose information you are not permitted to disclose, such as confidential information of others; 
   
   
8. post or share content that is explicit, obscene or indecent, or that advocates hatred based on race, ethnicity, gender, religion or any other ground, or incites harm; 
   
   
9. infringe the intellectual property rights of others, including copyright, patents, trademarks and trade secrets; 
   
   
10. infringe Candyees’ intellectual property rights, including by copying or distributing our content or technology (unless released under an open-source licence), or using “Candyees” or our logos in any business name, email address or URL without permission; 
    
    
11. state or imply that you are affiliated with or endorsed by Candyees without our express consent; 
    
    
12. develop, support or use software, scripts, robots or other means (such as crawlers or browser plugins) to scrape or copy the Services, including profiles and other data; 
    
    
13. override security features or bypass access controls or usage limits of the Services; 
    
    
14. post or share anything containing viruses, worms or other harmful code; 
    
    
15. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Services, except where the law allows it; 
    
    
16. rent, lease, sell, resell or otherwise monetise the Services, their data or access to them without our consent; 
    
    
17. use bots or other unauthorised automated methods to access the Services, send messages, create content or generate inauthentic engagement; 
    
    
18. frame, mirror or otherwise imitate the appearance or function of the Services; 
    
    
19. overlay or modify the Services or their appearance; or 
    
    
20. interfere with the operation of the Services or place an unreasonable load on them (for example, through spam, denial-of-service attacks or manipulating algorithms). 

7.3 Employers and Employer Members also agree that they will not: 

1. charge, or ask any person to charge, a Job Seeker a fee in connection with any vacancy advertised on Candyees; 
   
   
2. advertise a vacancy that does not exist, has been filled, or that they are not authorised to advertise; 
   
   
3. use the Services to collect Job Seekers’ personal information for any purpose other than recruiting for a genuine vacancy; 
   
   
4. contact Job Seekers to market unrelated products or services; or 
   
   
5. publish listings that unfairly discriminate or otherwise break employment law. 

7.4 Your conduct 

You are responsible for your conduct while using the Services. Clause 4.7 sets out your responsibility for third-party claims caused by your breach of this Contract. 

8. Complaints, Removal Requests and Employer Opt-Out 

8.1 Reporting content 

Please report any content on the Services, such as a listing, profile, message or link, that you believe infringes your rights (including intellectual property rights), breaks this Contract or the law, or asks a Job Seeker for payment. Report it using the details in Section 9. 

Where legally possible, we may remove or restrict access to content, features or information if we believe it is necessary to prevent harm to Candyees or others, if it breaks the law, or to prevent misuse of the Services. We may also restrict, suspend or close accounts as set out in Section 5. 

8.2 Employer Opt-Out 

An employer named in an Imported Listing, or a person acting with its authority, may email complaints@candyees.co.za to ask us to: 

1. remove one or more Imported Listings; 
   
   
2. remove its logo or correct its company information; 
   
   
3. correct the details of a listing; or 
   
   
4. stop importing its listings in future. 

To protect employers from false requests, we verify each request before acting on it, for example by confirming it from an email address on the employer’s own domain or by contacting the employer directly. We may ask for further information if we cannot verify a request. 

We aim to acknowledge requests and act on verified requests as soon as reasonably possible. When we stop importing an employer’s listings, we also remove its logo from the Services, request removal of the removed listings from search engine results where we can, and block that employer’s listings from future imports. 

8.3 Intellectual property complaints 

Candyees uses employer names, logos and job information in good faith, only to identify the employer and describe its vacancy, as explained in clause 3.5.1. If you believe content on the Services infringes your intellectual property rights, send us a description of the content (including its link), proof of your rights, and your contact details, using the details in Section 9. We may remove the content without prior notice while we investigate. 

9. How to Contact Us and Legal Notices 

If you have a question or complaint about this Contract, please first contact us through the Services. You can also reach us at complaints@candyees.co.za to resolve any concern. 

Legal notices to Candyees must be delivered to our registered office, as recorded by the Companies and Intellectual Property Commission, with a copy by email to complaints@candyees.co.za. 

10. General Terms 

This Contract, together with our Privacy Policy and the terms of any promotion under clause 2.3, is the entire agreement between you and Candyees about the Services and replaces all previous agreements about them. 

Changes. We may update this Contract and our Privacy Policy from time to time, for example to reflect changes to the Services, our business or the law. If the law requires it, or if a change is material, we will notify you through the Services or by other means, to give you the chance to review the change before it takes effect. Changes will not apply retroactively. If you do not agree to a change, you may close your account before it takes effect. If you continue to use the Services after a change takes effect, the updated terms apply to you from their effective date. 

Severability. Each provision of this Contract is separate. If any provision is found to be unenforceable, it will be treated as if it were not written to the extent that it is unenforceable, and the rest of this Contract will remain in full effect. 

Waiver. If either Party does not enforce a breach of this Contract, that Party keeps the right to enforce it later. 

Assignment. You may not transfer this Contract to anyone without our consent. We may transfer it as part of a sale, merger or restructuring of our business, provided your rights under it are not reduced. 

Third parties. No one other than you and Candyees has rights under this Contract, except that Candyees’ directors, officers, employees and agents may rely on clauses 4.7 and 4.8, and its contractors may rely on clause 4.8. 

Notices. Legal notices to Candyees must be given as set out in Section 9.