Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern your use of this website eDomestix.co.za (“Website”). In these Terms and Conditions eDomestix (Pty) Ltd with registration number 2015/318679/07 is referred to as the “Company” or “eDomestix”.
By using this Website and its services you will be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions you must not use this Website or any service provided via it. Use of the Company’s Website and Services (as defined below) is expressly conditioned upon your assent to all the Terms and Conditions of this agreement to the exclusion of all other terms.
Welcome to eDomestix’s website. These Terms and Conditions apply to the services available from and related to the domains and sub-domains of the Website (together with the “Services” offered).
Services offered on the eDomestix website:
Mobile App with a monthly subscription fee offering domestic worker administration services;
For as long as the Company continues to offer such Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligation, except as expressly stated in these Terms and Conditions. The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify pieces for all or part of the Services at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
Your use of this Website
You must not use this Website for anything that is unlawful or is prohibited by the Terms and Conditions set out or any laws of the country from which the company operates or from where the website is accessed and/or any notices elsewhere on this Website.
The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, videos or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
When using this Website, you must not do any of the following;
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights or privacy of publicity) unless you own or control the rights or have received all necessary consents;
Upload files that contain viruses, corrupted files or any similar software or programs that may damage the operation of another computer;
Impersonate any person or entity, including without limitation any employee or representative of the Company;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
Run Maillists, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure;
Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
Delete any author attribution, legal notices or proprietary designations or labels in any file that is uploaded;
Falsify the origin or source of software or other material contained in a file that is uploaded;
Advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letter; or
Download any file posted by another user of this Website that you know, or reasonable should know, cannot be legally distributed in such manner.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You represent and warrant to the Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
If you link to the Website, the Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website or any “Services” offered by the company.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees harmless (including without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
You will need to register to become a member of this Website (“Member/ Employer”) if you wish to access the Services via this Website and continued membership is subject to the Company’s subscriptions charges set out in the rates information on the website. You are free to change the membership package to which you subscribe at any time, subject to these Terms and Conditions.
To register to become a Member you must provide the Company with information about you via the Company’s registration form.
You must provide true, accurate and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.
Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers and symbols. For example $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your date of birth. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorised access.
You must not tell anyone else your username or password. Any unauthorised use of either of them must be reported to our call centre or rep as soon as you are aware of such use and the Company will, as soon as reasonable possible, cancel your username and/or password and issue new ones to you.
The Company may, for security or other reasons, require you to change your username and/or password or other information which facilitates access to this Website or its Services.
The Company reserves the right to cancel your username and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.
Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time provided that you tender the necessary cancellation notice of one calendar month in writing.
Charges and Payment
Charges are linked to the membership package to which you subscribe, as set out on the website, along with additional terms and conditions that, in the event of conflict with these Terms and Conditions, shall control. The terms of membership to which you subscribe are incorporated herein by reference as if fully set forth herein.
You will be charged in advance of your payment period until your membership is cancelled together with additional transaction based charges. Detail of charges shall consist of the normal monthly subscription applicable to your service as well as amounts specifically allocated to UIF as well as any contributions towards optional benefits and VAT, as set out in the monthly invoice provided. Charges are expressed in South African Rand. Any increase or reduction in domestic employees will affect your rates which will take effect on date of notification so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period. Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date following period.
Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by using the MyGate payment platform facility on the Payment Portal here, or any other payment method the Company accepts. Your payment detail will be encrypted to minimize the possibility of unauthorized access or disclosure. In the event that the Company is unable at any time to obtain payment of any charges using such Credit Card details, the Company may freeze your account until it has received settlement in full.
Dealing with Third Parties
The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not have control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
In certain situations, third party business may provide services that are available to you through the Company’s Services. We do not control any such third party service providers. You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
As part of the Legal Services offering, the Company may engage certain individuals or Companies as independent contractors to provide mentoring and support services to you. You acknowledge and agree that the Company does not control the work or the services provided by such independent contractors, the Company is not responsible for their supervision or hiring, and that such individuals are not agents of the Company and have no power to bind the Company. The Company shall not be liable for the actions or failure to take action of any such individual.
You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other user of this Website.
You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisement or, presented to you by the Company, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services and Website, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose whatsoever any Content or third party submissions or other proprietary rights not owned by you;
Without the express prior written consent of the respective owners, and
In any way that violates any third party right.
You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
We do not claim ownership of any Content that you post on the Website or through the Services instead, you hereby grant to Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services.
Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of the Website, Services and your membership if;
If it does not receive timely payment under your subscription;
It reasonable believes that you have breached any of these Terms and Conditions;
It is unable to verify the accuracy or validity of any information provided by you;
Or it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website or Services in any way, your only recourse is to immediately discontinue to use or access this Website and Services.
You may cancel your membership at any time. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.
Warranty Disclaimer and Limitation of Liability
The Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any actions regarding;
Which users gain access to the Service;
What content you access via the Service;
What effects the Contents may have on you;
How you may interpret or use the Content;
Or what actions you may take as a result of having been exposed to the Content.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
The Services, Content, website and any software that provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
In no event shall Company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Website or the Services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal equitable theory;
For any amount in the aggregate in excess of the greater of the fees paid by you for the services purchased through the Website during the six months period preceding the applicable claim;
For any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever;
For data loss or cost or procurement of substitute goods or services;
For any matter beyond Company’s reasonable control; or
For any actions of, or services provided by, Third Party service provider businesses or independent contractors providing services on behalf of the Company.
Amendment to these Terms and Conditions
The Company reserves the right to amend and alter these Terms and Conditions and any Content or information contained on the Website or Services at any time. In the event these Terms and Conditions are altered the Company will post the amended Terms and Conditions on this Website and notification of the change shall either be published on the website or sent via e-mail at the company’s discretion. Changes will apply from date of posting.
Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure including third party services utilised). However the Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.
If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
These Terms and Conditions shall be governed by and construed with the laws of the Republic of South Africa. Both parties submit to the non-exclusive jurisdiction and venue in the Northern Gauteng High Court.
These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).
Each Party acknowledges that on entering these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.
Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.
You must report any violation of these Terms and Conditions to info@eDomestixco.za.
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI) eDomestix (Pty) (hereinafter referred to as “the Company”)
In terms of POPI, a “Responsible Party” (in this case being the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information.
In the event of you refusing to give the required consent, the Company will still have the right, in terms of POPI, to process your information without your consent under any of the following circumstances:
where such processing and use of your personal information is necessary in order to give effect to a contractual relationship as between you and the Company;
where such processing is required in terms of a law, such as without limiting the generality thereof, the Basic Conditions of Employment Act 75 of 1997(BCEA), the Skills Development Act, 97 of 1998(SDA), Skills Development Levies Act, 9 of 1999 (SDLA) the Employment Equity Act, 55 of 1998 (EEA) Unemployment Insurance Contributions Act, 4 of 2002 (UICA) Unemployment Insurance Act, 6 of 2001 (UIF), Financial Advisory And Intermediary Services Act, 37 of 2002 (FAIS), the Financial Intelligence Centre Act 38 of 2001 (FICA), the National Credit Act, 34 of 2005 (NCA) and/ or the Compensation for Occupational Injuries and Diseases Act, 130 of 1993; or
where such processing is necessary to protect the legitimate interests of the Company or a third party.
Purpose for the Collection
The reason why the Company requires your Personal Information is to enable the Company to;
Register you and your domestic employee/s with the Unemployment Insurance Fund,
Assessment of any arrears UIF contributions,
Ensure full compliance with the provisions of Basic Conditions of Employment Act and Sectoral Determination 7 with reference to;
Providing the contracting between yourself and your domestic worker which requires full details of yourself such as your physical address and postal address, contact details, ID number, rate of pay and other conditions regarding leave,
Ensure proper time-keeping and record absenteeism and the reason for such absenteeism,
Reason for termination of employment
Relevant information required and divulged at CCMA proceedings,
Find and appoint temporary staff as required by yourself from time to time,
Find the domestic worker employment as required per request,
Perform timeous and accurate payroll functions; and/ or the proper administration of your employment benefits such as funeral benefits, death and disability benefits and Primary Healthcare or such other functions that may be required depending on the circumstances,
Provide training as per individual request or in terms of training projects of the Services SETA.
Perform appropriate checks on job history, criminal record, educational/ skills qualifications/ registrations/ licenses as well as credit history, where such is required and is permitted by the NCA;
Refer the domestic as a candidate for employment with client or employ the domestic worker as staff within our own environment;
Perform reference checks with previous employers, credit checks as well as Identity Document verification where applicable
Perform psychometrical assessments as required.
Comply with the applicable labour, tax and financial legislation;
Conclude a contract with you;
Keep records in accordance with the BCEA and other applicable laws;
Report to government in terms of the applicable laws, including for example, the EEA, SDA, SDLA, LRA, B-BEEA, UIF, UIFLA and Income Tax Laws;
Pay over Skills Development Levies as per the SDLA where applicable;
Pay over contributions to the Unemployment Insurance Fund and Compensation Insurance Fund where applicable;
Pay over PAYE and other related taxes to the Receiver of Revenue.
All Personal Information which you provide to the Company will only be used for the purposes for which it is collected.
Consequences of Withholding Consent or Personal Information
Should you refuse to provide the Company with the required consent and/ or information, the Company will be unable to assist you with the Company’s goods or services.
Storage and Retention and Destruction of Information
All Personal Information which you provide to the Company will be held and/ or stored securely for the purpose of the services to be delivered. Your Personal Information will be stored electronically in a database.
Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information.
Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI.
Once this information is no longer required, due to the fact that you no longer need the Company to render the services, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all your Personal Information will be permanently destroyed.
Right to Object
In terms of S11(3) of the POPI, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved.
Accuracy of Information and Onus
POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date.
Whilst the Company will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur.
Sharing of Information
Your Personal Information will be stored electronically in a centralised data base, under strict confidentiality.
Access to the Information by the Data Subject
You have the right at any time to ask the Company to provide you with:
The details of any of your Personal Information which the Company holds on your behalf; and
The details as to what the Company has done with that Personal Information,
provided that such request is made using the standard section 51 PAIA process, which can be accessed by downloading and completing the standard request for information form.
You have the right to address any complaints to the Company Director at info@eDomestix.co.za or to the Personal Information Regulator.
Direct Marketing, Advertising and Promotional activities
By using the website and submitting information I declare that the Company may use my Personal Information for the marketing and/ or promotion of its own goods and services.
Declaration and Informed Consent
By using the website and submitting my information I declare that all Personal Information supplied to the Company for the purposes of rendering the services as contracted with eDomestix (Pty) and related legal and operational reasons is accurate, up-to-date, is not misleading and that it is complete in all respects. I undertake to immediately advise the Company of any changes to my Personal Information should any of these details change.
I furthermore give the Company permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.