LaunchPath Website Terms and Conditions

2.1. Use of the Website is governed by these Terms. Each time a User accesses the Website, the User agrees to be bound by these Terms.

2.2. LaunchPath may amend these Terms at any time and will publish the amended version. To the extent that any amendment materially alters a User's rights, LaunchPath will notify Users, and Users may discontinue using the Website if they do not agree with the changes.

2.3. The User confirms acceptance of these Terms as modified, changed, supplemented or updated by LaunchPath.

2.4. These Terms incorporate all Ancillary Terms. The User acknowledges that they have read, understood, and agree to be bound by them.

3.1. The Website is intended for:

• • 3.1.1. Individuals seeking employment and/or consulting work, and for employers seeking candidates for employment and/or consulting work; and
• • 3.1.2. Other services offered by LaunchPath from time to time.

3.2. As a jobseeker or employer, you agree that you are solely responsible for the content of any Documents and communications you post on the Website and for any consequences arising therefrom.

3.3. Users are prohibited from:

• • 3.3.1. Accessing data not intended for them or logging into a server or account which they are not authorised to access;
• • 3.3.2. Attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;
• • 3.3.3. Interfering with service to any User, host or network, including but not limited to submitting a virus to the Website, overloading, "flooding", "mailbombing", or "crashing";
• • 3.3.4. Sending unsolicited email, promotions or advertising of products or services;
• • 3.3.5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations may result in civil or criminal liability;
• • 3.3.6. Collecting candidate information or CVs for competitive commercial gain;
• • 3.3.7. Soliciting LaunchPath's clients for business outside LaunchPath's Services;
• • 3.3.8. Uploading or transmitting any material that contains software viruses or other harmful code;
• • 3.3.9. Collecting, storing or using "Personal Information" (as defined by the Protection of Personal Information Act, No 4 of 2013) other than as allowed by these Terms and only for lawful purposes;
• • 3.3.10. Deleting or revising any material posted by any other person or entity;
• • 3.3.11. Using the Website or Services in any manner that violates any Law, including by using bots or scripts to harvest data;
• • 3.3.12. Posting content that is offensive, abusive, harassing, defamatory, libellous, misleading, hateful or that promotes racism, bigotry, violence, or illegal activities;
• • 3.3.13. Sending unsolicited commercial email ("junk mail", "chain letters" or "spamming") to other Users; or
• • 3.3.14. Disrupting or interfering with the Website or Services in any manner that may materially adversely affect LaunchPath or any third party.

4.1. Documents shall not contain:

• • 4.1.1. Material that infringes or misappropriates any intellectual property rights or violates the privacy or publicity rights of others;
• • 4.1.2. Hidden keywords or "white text" keywords;
• • 4.1.3. Anything sexually explicit, obscene, defamatory, threatening, harassing, abusive or hateful; or
• • 4.1.4. Anything embarrassing or offensive to another person or entity.

4.2. You may not use your Document(s) to:

• • 4.2.1. Impersonate another person (living or dead);
• • 4.2.2. Post false, inaccurate or misleading information;
• • 4.2.3. Post advertisements or solicitations of business (including franchises, club memberships, distributorships, pyramid schemes, chain letters, or anything requiring payment to obtain job listings); or
• • 4.2.4. Post opinions or notices that are not directly related to recruitment or employment.

4.3. Documents must contain sufficient detail to clearly convey to Users the nature and requirements of the job opportunity.

4.4. LaunchPath is under no obligation to monitor Documents but reserves the right to remove Documents found to violate these Terms.

6.1. By using the Website, the User acknowledges and agrees that the Website is provided "as is", without any representations, warranties or guarantees of any kind, including regarding its accuracy, completeness, availability or suitability. LaunchPath does not warrant that the Website will be free of viruses or other harmful components. LaunchPath accepts no responsibility for any errors or omissions.

6.2. LaunchPath may, in its sole discretion, suspend or terminate the operation of any aspect of the Website at any time without notice.

7.1. LaunchPath does not guarantee continuous access to the Website or the provision of the Services. To the fullest extent permitted by Law, LaunchPath and LaunchPath Affiliates shall not be liable for any Loss, whether direct or indirect, including but not limited to:

• • 7.1.1. Use or performance of the Website, including faults, delays, interruptions or unauthorised access;
• • 7.1.2. Accuracy of information provided by Users;
• • 7.1.3. Failure to receive or transmit any data, content or property;
• • 7.1.4. Any reliance on information on or omitted from the Website;
• • 7.1.5. Conduct or content of any Third Party Providers or Third Party Offerings; or
• • 7.1.6. Any User violation of these Terms or Ancillary Terms.

7.2. To the fullest extent permitted by Law, the User indemnifies and holds harmless LaunchPath and LaunchPath Affiliates against any Loss arising from or related to the above. This indemnity shall survive the User's cessation of use of the Website.

7.3. The use of any Third Party Offerings is entirely at the User's own risk. LaunchPath does not endorse or warrant any Third Party Offering.

8.1. If any provision of these Terms is found to be invalid under any Law, that provision will be modified to the extent necessary to render it enforceable or, if not possible, will be severed from these Terms, and the remaining provisions shall remain in effect.

8.2. LaunchPath may assign, transfer or subcontract its rights and obligations under these Terms without notice. Users may not assign or transfer any rights or obligations without LaunchPath's prior written consent.

9.1. The Parties will use reasonable efforts to resolve any dispute through good faith negotiations. Each Party shall appoint a representative to meet at a mutually agreed location (or remotely) to attempt to resolve the dispute.

9.2. If negotiation fails, the dispute shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

9.3. Arbitration shall be held in Cape Town (or by written agreement, virtually) and shall proceed in a summary manner, without strict formalities, to ensure a fair and expedient outcome.

9.4. The arbitration shall be completed as soon as practicably possible and, where possible, within 21 Business Days of demand.

9.5. The arbitrator shall decide the matter on an equitable basis and with regard to the Parties' desire for an efficient, confidential resolution.

9.6. The arbitrator's decision shall be final and binding.

9.7. These arbitration provisions shall remain binding notwithstanding termination or cancellation of these Terms.

9.8. Nothing prevents either Party from seeking urgent relief in any competent civil court.