Terms of Use

TERMS OF USE

NOTICE TO CUSTOMERS AND USERS: THIS IS AN IMPORTANT DOCUMENT WHICH LIMITS YOUR RIGHTS – PLEASE READ IT CAREFULLY AND PAY CLOSE ATTENTION TO CLAUSES IN BOLD TEXT.

These terms of use govern your use of the website and the services.  By using “www.gigsafari.co.za” (the “Website”) you agree to be bound by the terms and conditions set out herein (the “Terms”).  If you disagree with any part of these Terms, you must immediately stop using the Website.  

You warrant and represent that you are, at least, 18 (eighteen) years of age or, if your local jurisdiction’s statutes dictate a higher minimum age, then you warrant that you meet the mandated legal local minimum age, or that you are assisted by your legal guardian who will be transacting on your behalf and that you are mentally fit to transact on the Website.  If this is not the case, you must notify GigSafari immediately if you require any assistance to understand or interpret these Terms.

PLEASE READ OUR PRIVACY STATEMENT AND THE FOLLOWING TERMS BEFORE USING THIS WEBSITE.  

BY CONTINUING TO ACCESS OR USE THIS WEBSITE, OR ANY SERVICE ON THIS WEBSITE, YOU WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.

These terms of use govern your use of the website. By using “www.gigsafari.co.za” you agree to be bound by the terms and conditions set out herein (the “Terms”). If you disagree with these terms of use or any part of these terms of use, you must not use the website. Please make sure you have read and understood the terms before using the website.

By using this website and by agreeing to these terms of use, you warrant and represent that you are at least 18 (eighteen) years of age or if your local jurisdiction’s statutes dictate a higher minimum age then you warrant that you meet the mandated legal local minimum age.

PLEASE READ THE PRIVACY POLICY AND ALL OF THE FOLLOWING TERMS AND CONDITIONS INCLUDING THE SPECIAL CONDITIONS BEFORE USING THIS SITE. BY CONTINUING TO ACCESS OR USE THIS SITE OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

WHO WE ARE:

GigSafari CC, with registration number 2010/029359/23 (GigSafari, we, our and us) operates the Website, which is a freelance platform based in South Africa, where customers and freelancers can buy and sell freelance services online.

Our contact information is as follows:

Physical Address:

24 Pafuri Road
Emmarentia
Johannesburg
South Africa.

Postal Address:

PO Box 664
Pinegowrie 2123
Johannesburg
South Africa

Contact Email: [email protected]

WHAT WE PROVIDE:

Customers will post for required services and freelancers will provide their services at an agreed price.

Customers and freelancers must agree on the services and price before starting any job.  Freelancers must fulfil their service deliverables and customers agree to, and must pay, for work delivered by freelancers.

The customer and the freelancer agree to contract with each other, at their sole discretion, and agree on the services to be provided by the freelancer, the price, the timelines, the parameters and the deliverables.

GigSafari is not a contracting party to any project or service and acts only as the provider of the online platform on which the customer and the freelancer, whom are all independent parties, will find and engage each other.

All payments between the customer and a freelancer must be processed through the Website,  for work sourced on the Website and for any further work between the customer and the freelancer, either for the same project or another project.

Any attempt to pay for accepted services, outside of the Website, will result in immediate suspension of the customer and freelancer’s accounts.  Furthermore, we will be entitled to claim payment of the commission on such work before the aforementioned suspension is lifted.  It is the responsibility of all users to immediately report a breach of this provision to us.

The inclusion of any services on the Website, at any particular time, does not imply or warrant that these services will be available at any time.  We reserve the right to discontinue any service, customer or freelancer’s profile at any time.

We endeavour to provide the best possible online experience to our customers, freelancers and other users.

Nothing contained on this Website shall be construed as consulting, advice or endorsement with regards to any freelancer or a freelancer’s experience, qualifications or capabilities.

USER UNDERTAKINGS:

You understand and agree not to:

  • post, transmit, redistribute, upload or promote any communications or content that could harm or negatively impact our business, the services or any other user;
  • act in a manner, or employ any device, that restricts, impairs, interferes or inhibits any other user from using or enjoying the Website or which impacts the security of the Website;
  • employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including, without limitation, spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Website, or to copy content from the Website, or engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any user or infringe the Intellectual Property Rights of any third party, customer, freelancer or user; or
  • use this Website to engage in any advertising or marketing of services, other than freelance services as approved by GigSafari from time to time.

We reserve the right to immediately bar access to the Website and close, or suspend, the account of any user who violates these undertakings or any other provision of these Terms.

The user understands that the user’s content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  GigSafari confirms that credit card information is always encrypted during transfer over networks.

The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the service, or access to the Website or any contact on the Website, through which the service is provided, without express written permission from GigSafari.

The user shall be responsible for all actions taken on the user’s account.  You should not share your login credentials, and any other confidential information, with anyone else.

The user shall be responsible for:

  • any loss or damage of the content of your service or work;
  • compliance with your obligations to other users;
  • all risks associated with the maintenance of your funds;
  • completion and delivery of your services timeously and professionally;
  • accessing third party links and websites;
  • any legal issues arising from the service you are offering;
  • any fake or fraudulent account and service;
  • malicious feedbacks; and
  • any loss of GigSafari’s income for collaboration outside the Website.

EXCLUSION OF LIABILITY:

You understand and agree that, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or losses, including, but not limited to, any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute services or other intangible loss, in relation to, or resulting from: 

  • the actions or omissions of any user;
  • the services performed by any freelancer to a customer;
  • a freelancer’s failure to perform any services;
  • any deliverables provided by a freelancer;
  • a freelancer’s breach of a third party or the customer’s Intellectual Property Rights;
  • the failure or refusal of a customer to pay for any services performed by a freelancer; or
  • any dispute between a customer and a freelancer.

GigSafari does not guarantee, represent or warrant that the customer’s use of the services will be uninterrupted, timely, secure or error-free.

GigSafari does not warrant that the results that may be obtained from the use of the services will be accurate or reliable.

PAYMENT AND TAX:

GigSafari will charge fees for using the Website, its services and memberships in order to cover software, administration and operational costs.  You will be charged based on the following schedule of fees:

We will update the aforementioned fees, from time to time, by publication on our Website.

We automatically and immediately deduct our collection fees (plus VAT) on collection of freelance revenues from customers.

GigSafari is not a bank and only holds funds in escrow for the purposes of settling specific invoices, as agreed between customers and freelancers, upon completion of services from freelancers.

The customer agrees to provide current, complete and accurate purchase and account information for all purchases made on the Website.  The customer agrees to promptly update the customer’s account and other information, including email address and credit card numbers and expiration dates, to enable GigSafari to complete transactions and contact the customer if required.

The customer may not deduct, withhold, bank exchange, commission or set-off any amounts from amounts which are owed to GigSafari, without GigSafari’s prior written consent.

Any amount not paid by the customer on the due date shall bear interest at the prime interest rate of First National Bank, plus 2% (two percent) per annum.

All payments received shall firstly be utilised in payment of interest and costs and thereafter towards payment of capital.

You are responsible for paying any taxes, including, without limitation, any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

GigSafari shall have no responsibility for issuing any formal invoices or withholding any taxes applicable to the freelancer’s fees.

DISPUTES AND CANCELLATIONS:

All communication between customers and freelancers should go through the Website to keep both parties protected in case of disputes.

We encourage our customers and freelancers to attempt to settle conflicts amongst themselves.

If, for any reason, such attempts fail, users may contact our customer support at [email protected] for determination of the dispute.

GigSafari’s decision shall be made as expert and not as arbitrator in the dispute.

Users agree and accept that any payments and/or other actions taken by GigSafari, as a result of a dispute, are made in good faith and users shall have no cause of action against GigSafari in respect of the resolution decision or any such actions or payments made pursuant to such resolution.

GigSafari shall be authorised to suspend or terminate any account and cancel any outstanding payments in relation to a dispute.

GigSafari’s decision shall be final and binding on the parties to the dispute.  

FEEDBACK:

GigSafari provides a feedback system to share opinions, comments and ratings for users.

Once a job is completed and the freelancer has been paid by the customer, both parties are expected to review and evaluate each other by providing a rating from 1-5, as well as any other relevant feedback.

This peer review rating will impact all users’ rankings on GigSafari and play a vital role in maintaining high standards of work.

Users should complete the feedback promptly and honestly.

GigSafari will share all the feedback from users and shall not be liable for any damages, losses, costs or expense arising from, or relating to, such publication.

GigSafari may remove any fraudulent, malicious or inappropriate feedback posted by any user in its sole, and absolute, discretion.

GIGSAFARI RIGHTS:

GigSafari reserves the right to suspend or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the Website or services.

Users who have violated our Terms, and had their account disabled, may contact our customer support at [email protected] for more information.

Users must be able to verify their account ownership by providing materials that prove ownership of that account.

Freelancers will be able to withdraw their revenues from disabled accounts after obtaining approval from GigSafari and the relevant customer.

By displaying any text, images, audio, video or other material that you choose to include and display on our Website, you grant GigSafari a non-exclusive, worldwide, irrevocable, royalty-free, license to display such information to customers and other users of the Website.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION:

We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information.  Any reliance on the material on this Website is at your own risk.

GigSafari reserves the right to modify the contents of the Website at any time, however, GigSafari shall not have an obligation to update any information on the Website.  The user agrees that it is the user’s responsibility to monitor changes to the Website.

CHANGES TO TERMS:

GigSafari reserves the right, at any time, to amend, alter, modify or change, as it deems fit, any part of these Terms without any prior notice.

We will post modified versions of the Terms on our Website and note the last revision date at the bottom of these Terms.  We encourage you to review these Terms every time you use this Website.

Your use of this Website constitutes your agreement to the most recent version of the Terms.

MODIFICATIONS TO THE WEBSITE:

GigSafari reserves the right to modify or discontinue this Website (or any portion of this Website), temporarily or permanently, with, or without, notice to you, and we are not obligated to support or update this Website.

We shall not be liable to you, or any third party, if we exercise our right to modify or discontinue this Website (or any portion of this Website).  Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

REGISTRATION:

To utilise the services on this Website, you need to register your details with us.  On registration, you will be required to provide your full name, email address, password and phone number (the Registration Credentials).  You must ensure that your Registration Credentials are accurate, truthful and updated when they are amended.

We reserve the right to block the creation of your account based on our inability to confirm the authenticity of your Registration Credentials.  To register for an account to join the Website, you must complete a user profile, which you consent to be shown to other users and the public.

For security reasons, GigSafari reserves the right to request additional information from customers and freelancers, including original documents, and to verify documents with issuing institutions.

ACCOUNT:

GigSafari offers the Website for business purposes only and not for personal or consumer use.

To register for an account or to use the Website and services, you must, and hereby represent that you:

  • have, or are, an employee or agent of, and authorized to act for, an independent business;
  • will use the Website and services for business purposes only;
  • will provide accurate, complete and updated information;
  • will comply with any licensing, registration or other requirements with respect to your business, or the business for which you are acting, and the provision of freelance services;
  • are a legal entity or an individual 18 (eighteen) years or older who can form legally binding contracts; and
  • will ensure that payments between customers and freelancers will exclusively be processed through the Website – both for work sourced on GigSafari and for any further work between the customer and the freelancer, either for the same project or another project.

OWNERSHIP OF RIGHTS:

For the purposes of these Terms, “Intellectual Property/Intellectual Property Rights” shall mean any rights to know-how (not in the public domain), invention (whether or not patented), design, trade mark, copyright material or plant breeder’s rights, whether registered or not, anywhere in the world.

All Intellectual Property Rights of the Website and the GigSafari platform shall vest and exclusively remain the property of GigSafari.

 

THIRD PARTY PRODUCTS AND SERVICES:

There are various links available on the Website, such as Facebook, Google, LinkedIn and Twitter.  We make no representations or warranties about the information provided through this Website, including any links mentioned above or to any website accessed either directly or indirectly from this Website.

You may access such links at your sole responsibility and we shall accept no responsibility or liability for such websites or the content displayed thereon.

NOTICES:

All notices must be served in writing to our contact information as reflected above.

All complaints must be sent to [email protected].

All notices to the user shall be served on the contact addresses forming part of the profile information of the user.  The user shall ensure that such information is updated within a reasonable time after amendment.

GENERAL:

Where figures are referred to in numerals and in words, if there is any conflict between the two, the parties agree that the words shall prevail.

Expiration or termination of these Terms shall not affect such of its provisions as expressly provide that they shall continue to operate thereafter or which, of necessity, must continue to have effect thereafter, notwithstanding that the clauses themselves do not expressly provide for such continuation.

In these Terms the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.

In these Terms the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding words.

A user shall not cede, delegate, subcontract or assign, nor in any other manner, dispose of any of its rights or obligations arising from these Terms, without the prior written approval of GigSafari.

Nothing contained in these Terms shall be interpreted as establishing a joint venture or partnership between the parties.

These Terms contains the entire agreement between the parties, with respect to the subject matter of these Terms, and supersedes all prior agreements between the parties, whether written or verbal, with respect to the subject matter of these Terms.

A failure to enforce or to require the performance, at any time, of any of the provisions of these Terms shall not be construed to be a waiver of such provision and shall not affect either the validity of these Terms, or any part hereof, or the right of any party to enforce the provisions of these Terms.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions of these Terms.

© All rights reserved.June, 2018.