Terms of Service

Last updated:  28 November 2019

PLEASE REVIEW OUR TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING OUR APPLICATION OR USING THE SERVICES FOR THE FIRST TIME.

Weworx will deduct a 10% platform percentage from your earnings. 

1. DISCLAIMER

Weworx is provided “as is” and “as available”.

Weworx disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In addition, Weworx makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of Weworx or any Services requested using Weworx.

You acknowledge and agree that the entire risk arising out of your use of Weworx remains solely and absolutely with you and you will have no recourse whatsoever to us.

2. INTRODUCTION

Weworx Tech (Pty) Ltd is the owner and controller of the weworx platform. 

Your actions in accessing, browsing, viewing and downloading the content of Weworx and furthermore, using the services provided by our service sellers in terms of their arrangements with Weworx, constitute your agreement to enter into a legally binding agreement with Weworx. 

You hereby acknowledge and agree that these Terms of Service, as well as our Privacy Policy, are applicable to such contract and to your said accessing and using of Weworx. 

You further agree that these Terms of Service and the Privacy Policy shall apply to you, in your capacity as a member or prospective member of Weworx and shall also be applicable to any correspondence between us and you.

You are encouraged to read these Terms of Service carefully and ensure that you understand the same before using Weworx as, by using, accessing, browsing, viewing the content of Weworx for any purpose, you shall be deemed to have read, understood and accepted these Terms of Service and agreed to be bound by them.  

Such acceptance shall be deemed valid regardless of how you access Weworx including, but not limited to, Internet connected mobile devices and/or tablets.  If you do not agree to be so bound, kindly refrain from further accessing Weworx.

If you do not agree with or wish to enter into the Terms of Service. Please cancel your account (if you have signed up for Weworx) and permanently delete Weworx from your device.

3. DEFINITIONS

Unless defined elsewhere, terms in these Terms of Service shall bear the same meaning ascribed to them in the Terms of Service.

The following terms will have the following definitions:

  • Cookie” means a small text file unique to the platform that you are using that is placed on your computer or mobile device’s hard drive and stored by a web server. The text in a cookie often consists of identifiers, site names and some numbers and characters.  The information that cookies collect may include the date and time of your visit, information which you provided when subscribing to a communication or signing up for a service, your user preferences and your navigational history.  The content of such cookie can only be read by the web server in the domain that created it.  When you visit Weworx again, the cookie allows us to recognise your browser.
  • Data subject” means the person to whom the personal information relates – in this case, you as the user of Weworx.
  • Direct marketing” means approaching a data subject, either in person or by mail or electronic means, in connection with goods and services being promoted or offered for supply in the ordinary course of business.
  • Non-identifiable information” means information that cannot be used to identify an individual – such as statistics on website visits and services ordered.
  • Personal information” means any private information obtained electronically or otherwise, which relates to an identifiable person (whether natural or juristic), and which, alone or jointly with other information, can be used to identify such person.  Personal information includes, but is not limited to, your name and surname, age, date of birth, contact details (e.g. your physical address, e-mail address or telephone number), physical location, information relating to your finances.  Personal information furthermore includes the geographic location from which you accessed Weworx as well as information relating to your activity on our app (for example, details of how and when you accessed Weworx and what links you followed).
  • Processing” means any operation or activity (whether automatic or not) concerning the collecting, receiving, recording, organising, retrieving or using of personal information; or disseminating, distributing or making such personal information available.
  • Responsible party” means Weworx, the owner and operator of Weworx, who is responsible for determining the purpose and means of processing personal information.
  • Service sellers” means the service partners with whom Weworx has partnered and which service sellers are registered on Weworx.
  • Users” means the users of the Weworx platform.

4. THE SERVICES

Weworx is a product of Weworx Tech (Pty) Ltd.  Weworx is a software application that serves as a means of requesting various services (set out below) from various third-party service sellers (“Service sellers”). 

The application also includes an overview of the services offered by such Service sellers.

Weworx is obtainable online at woworx.app and through the App Store and is a online freelance service marketplace (for example, Graphics & Design, Programming & IT and Marketing) and other online services.

Weworx aims to provide its users with fast and convenient access to service sellers by transforming the way people connect. And enabling users to rate service sellers and vice versa once the service has been provided.  In terms of this model, users may easily compare offerings. 

Unless otherwise agreed by Weworx in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

We record that Weworx is a technology company and does not provide the Services itself or through service sellers employed by it.  We merely provide the means to locate the Service sellers and, therefore, we may not be held responsible and do not accept any liability for any acts and/or omissions of the Service sellers.  Weworx furthermore does not guarantee the quality, suitability, safety or ability of Service sellers and records that the quality of the Services rendered by such Service Provider is the sole responsibility of such Service Provider. 

5. USER ACCOUNT ON WEWORX

In order to make use of Weworx, you will be required to register and maintain an account.  This account is for your sole and exclusive use and no other person may be authorised to use it.

In order to register an account, certain personal information will be required, as well as confirmation that you are at least 18 years of age.  You will further be required to create an account username and password, which you hereby agree to keep confidential.  In the event that your account is accessed, you will be held responsible for all activity that occurs on your said account and any unauthorised use of your account in order to procure Services shall be valid, unless you notify us of such breach of your account before the relevant Service Provider performs the requested Service. 

Should you register an account for and on behalf of a legal entity, you hereby warrant that you are duly authorised to do so and to bind such entity to these Terms of Service.

You hereby agree to ensure that the information on your account is accurate, complete and up to date at all times.  Your failure to do so may lead to your being unable to access Weworx and/or Weworx terminating its agreement with you.

6. PERMITTED USE OF WEWORX AND PROHIBITED CONDUCT

Subject to your compliance with these Terms of Service, you are hereby authorised to view, copy, download to a local drive, install and print Weworx and/or any part of the content thereof, provided that:

  • Weworx and/or any such content is used solely for your personal, non-commercial purposes;
  • any reproduction of the content available on or through Weworx does not infringe our intellectual property rights or the intellectual property rights of third parties; and
  • your use of such content is in accordance with these Terms of Service.

You must not, directly or indirectly, do any of the following things:

  • perform any action that violates these Terms of Service and you hereby undertake that you will only use Weworx for its intended purposes;
  • perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
  • collect or process information in violation of our Privacy Policy; or
  • interfere with any other person’s use and enjoyment of Weworx or the Services.
  • cause nuisance, annoyance, inconvenience, or property damage, to any other party;
  • create or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of Weworx;
  • attempt to gain unauthorised access to or impair any aspect of Weworx or its related systems or networks;
  • engage in any conduct that could possibly damage our reputation or be considered disreputable.

We and/or the relevant Service seller reserves the right to refuse accepting your request if we have reasonable grounds to suspect that you have or, by accepting your request, will breach or violate these Terms of Service or other applicable legislation.

While we reserve our right to investigate and prosecute any violations of these Terms of Service to the fullest extent of the law, you hereby acknowledge that we have no obligation to monitor your access or use of Weworx.  We are entitled to do so in the course of operating Weworx or to ensure your compliance with these Terms of Service.

7. PAYMENT

Weworx is provided free of charge.  However, the Internet connection required to access Weworx and any associated charges (for example, the costs of data usage) incurred by you while utilising Weworx are for your sole account.

You hereby acknowledge and accept that your use of the Services may result in charges to you for such Services rendered by our Service sellers.  The charges payable can be found on Weworx and are intended to fully compensate the Service seller for the Service rendered, as well as cover the costs of any additional levies or costs imposed. 

We reserve the right to modify or update such charges from time to time.  Although Weworx will use reasonable efforts to inform you of charges that may apply, your awareness or lack thereof shall in no way affect your liability to pay the said charges in full.   

All charges are due and payable immediately and you agree to pay such charges in full.  Charges paid by you are final and non-refundable, unless otherwise agreed in writing with Weworx.

In this respect, once the aforesaid Services have been rendered, Weworx serves to facilitate your payment of the aforesaid charges.  Weworx’s integrated payment gateway allows for payments to be made, which payments shall be deemed to be the same as payments made directly by you to such Service Provider, and therefore provides peace of mind to both the user and the service provider.  In order to further assist you, Weworx will also send you a receipt by email.

Should you choose to cancel your request for any Service at any time prior to such Service Provider’s arrival and/or rendering of the same, we reserve the right to charge a cancellation fee.

8. ACCESS TO TECHNOLOGY AND THE INTERNET

To access Weworx, you must have a device (whether it be a personal computer, mobile phone or the like) which is able to connect to the Internet and to receive content and you are responsible for obtaining the data network access required.

We record that data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. 

You are further responsible for acquiring and updating compatible hardware, software or devices necessary to use Weworx.  It is your sole responsibility to satisfy yourself, prior to entering into this agreement with us, that the content available on Weworx will be compatible with your hardware and/or software.  We do not guarantee that Weworx will function on any particular hardware or devices and shall not be liable for your inability to access Weworx as a result of limitations specific to your device.

In addition, the use of Weworx may be hindered by malfunctions and/or delays typical in the use of the Internet.  We deny any and all liability for any delays, delivery failures, damages or losses resulting therefrom.

We furthermore record that we cannot guarantee that Weworx will always be available and/or available without interruption.  Whilst we endeavour to ensure that Weworx is available 24 hours a day, we reserve the right to suspend such access in the event of a system failure, maintenance or repair or any other reason beyond our control.

9. NETWORK SECURITY

In order to keep Weworx secure and virus-free, Weworx employs various security measures.  Further to these security measures, we reserve the right to intercept, monitor and inspect all material and information transmitted by email on our system.

We do not guarantee that Weworx is and shall be free from errors or that the content thereof is suited to your particular requirements.  We further cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.

10. THIRD PARTY SITES

Some of our service sellers may provide links to their websites on Weworx. It is hereby recorded that such websites are not within our control and therefore, the use of such links is done entirely at your own risk and we may not be held liable for the privacy practices of such third-party site.  The registration of the Service sellers on Weworx does not constitute an endorsement by us of such third-party services and content and we shall not be responsible or liable for any products or services provided or rendered by such third party providers.

Users are encouraged to read the Terms of Service, as well as the privacy policy of each such third-party site.  We record that, by following such links to third party websites, you are leaving the Weworx site and shall be deemed to have accepted the risks associated with the use of any such third-party sites.  You furthermore acknowledge and accept that Weworx may not be held liable if you suffer any damages, losses or liability of whatsoever nature when visiting such third-party sites and/or purchasing any products or services from such third-party.

11. DISCLAIMER

We shall take all commercially reasonable steps to provide you with the most accurate and best possible content and to abide by these Terms of Service.

We do not however warrant the accuracy and completeness of the information on Weworx but simply undertake to take all reasonable measures to ensure that such information is correct and accurate. 

You hereby acknowledge and accept that the content of Weworx is provided “as is” and that your use of Weworx is done in full awareness of the potential risks thereof.  We furthermore do not warrant or guarantee that Weworx is suited to your particular needs.  You agree and accept that it is your sole responsibility to confirm the correctness and accuracy of any content before placing any reliance on the same. 

Under no circumstances shall Weworx or their service sellers be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with the use of Weworx, or any failures by Weworx and/or its service sellers to provide content that is free from any and all errors.

12. DATA PROTECTION AND PRIVACY POLICY

It is recorded that Weworx shall collect personal information from you and will handle the collection, processing and storage of such personal information in accordance with its Privacy Policy.

The Privacy Policy is hereby incorporated into these Terms of Service and forms part of these Terms of Service.

13. DIRECT MARKETING

As discussed in our Privacy Policy, we or our service sellers may from time to time send you marketing communications.  You are entitled to opt out of any such direct marketing at any time. 

14. PROMOTIONS

We and/or our Service sellers may elect to hold promotions on Weworx from time to time, which promotions shall be subject to various Terms of Service, including time limits.  Should such promotion be accompanied by a voucher which may be redeemed while using Weworx, such voucher shall only be used once per promotion and may not be exchanged.  You agree that you will only use such promotions for their intended use during the period of their validity and will not abuse such promotional material in any manner.

15. APPLICATION OF RELEVANT LEGISLATION

It is specifically recorded that the provisions of these Terms of Service are strictly intended to comply with the provisions of the National Credit Act 34 of 2005 (“NCA”), Consumer Protection Act 68 of 2008 (“Consumer Protection Act”), the Protection of Personal Information Act 4 of 2013 (“POPI”) or other laws and any industry requirements (as stipulated in POPI’s industry codes), as far as the same are applicable.  Therefore, all the provisions of these Terms of Service must be seen as being qualified by such legislation, to the extent necessary.

Therefore, no provision of these Terms of Service should in any way be seen as limiting our obligations or liability or requiring you to assume risk or liability, where the same is prohibited in terms of the aforesaid legislation. 

16. INTELLECTUAL PROPERTY RIGHTS

Weworx, including its name, logo and the application itself, together with all such content on Weworx, is protected from infringement by copyright, trademark and other rights provided under the laws, including intellectual property laws, of the Republic of South Africa.  Subject to any rights afforded to you herein, all our rights, including such intellectual property rights are expressly reserved.

We (and our licencors, if applicable) exclusively own all intellectual property rights, including all rights, title and interest in and to Weworx, of whatsoever nature existing now and in the future, and the same shall remain our (and that of our licencors, if applicable) absolute property.  You will not acquire any rights in or to Weworx other than those rights expressly granted to you in these Terms of Service.

Where any of the content of Weworx has been licensed to us or belongs to any third party, your rights of use will also be subject to any Terms of Service which that licensor or third party imposes from time to time and you agree to comply with such party’s Terms of Service.

You hereby agree not to use Weworx in any manner constituting a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.

17. GOVERNING LAW

Weworx is hosted, controlled and operated from the Republic of South Africa and intended for use in the Republic of South Africa.  Weworx may be accessed in South Africa and abroad. 

The use or inability to use Weworx shall be governed by and interpreted according to the laws of the Republic of South Africa.  South African laws shall similarly apply to these Terms of Service, as well as the contents of the Privacy Policy.

All disputes, claims and other matters in connection with the use shall thus be determined in accordance with such laws. 

18. CONSENT TO JURISDICTION

By using Weworx, the User hereby unconditionally consents and submits to the non-exclusive jurisdiction of the Magistrate’s Court in relation to all matters arising from such use, but Weworx shall not be obliged to institute action in the Magistrate’s Court.

19. INDEMNITY

As far as the law allows, you indemnify us and agree to hold us, our directors, employees, agents, affiliates and suppliers harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

  • your use and access or misuse of Weworx or any of the Services obtained through your use of Weworx;
  • your dealings with the Service sellers, third party providers, partners, advertisers and/or sponsors;
  • your infringement or violation any rights of any third party, including their intellectual property rights in relation to Weworx;
  • your breach or violation of these Terms of Service or any applicable legislation.

20. LIMITATION OF LIABILITY

Any claims against us by you will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using Weworx during the event giving rise to such claims. In no event will we be liable to you or anyone for costs, interest, damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors will not be liable for any loss, damage or injury which may be incurred by or caused to you or to any other person, including but not limited to loss, damage or injury arising out of, or in any way connected with Weworx, including but not limited to the use of or inability to use Weworx.

You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of Weworx and/or the Services, or in any way related to the Service sellers introduced to you by Weworx.

You further expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the Service sellers. The company will not be a party to disputes, negotiations of disputes between you and the Service sellers. Responsibility for the decisions you make regarding the Services found via the Application rests solely with and on you.

21. ENTIRE AGREEMENT

It is recorded that, in some instances, additional terms may apply to the Services, such as policies for a particular promotion.  In this event, such additional terms shall be disclosed to you and shall be deemed to be a part of and in addition to these Terms of Service for Use.  

These Terms of Service, together with the Privacy Policy and any additional terms (if applicable), constitute the entire agreement between you and us in respect of your access to and use of Weworx.

No failure by us to exercise or enforce any right or provision of the said agreement shall constitute a waiver of such right or provision.

22. SEVERANCE

If any provision of this agreement between us is deemed to be invalid, unlawful or unenforceable to any extent, that provision or the relevant part thereof shall be amended or severed from the remaining provisions, in such a way as to make the remaining provisions of the agreement valid, lawful and enforceable, while leaving the amended agreement substantially the same in essence, and this amended agreement, incorporating the Terms of Service and the Privacy Policy, shall remain in full force and effect.

23. CHANGES TO WEWORX CONTENT AND TERMS OF SERVICE

We reserve the right to update the content on Weworx and/or the provisions of these Terms of Service at any time without notice.  Such changes and updates may thus be out of date and we thus make no guarantees in respect of its accuracy.  We furthermore reserve the right to change or discontinue any aspect of the services provided by Weworx at any time, without prior notice to you.

When we do update the content and/or provisions of the Terms of Service, the same shall be evidenced by our updating the “Last Updated” date in the heading of these Terms of Service.  We further undertake to notify you of any material changes to these Terms of Service by prominently posting a notice of such changes or sending you an email.

Save as expressly provided to the contrary in these Terms of Service, the amended version of the Terms of Service shall supersede and replace all previous versions thereof.  Your continued access use of Weworx shall be deemed to constitute your consent to be bound by such amended Terms of Service.

We encourage you to review these Terms of Service whenever you visit Weworx and you hereby undertake to do so.

24. TERMINATION

Should you wish to terminate the agreement between us, you may simply delete Weworx from your device and stop using Weworx.  Alternatively, you may request that we close your account by informing us of your intention to cancel this agreement.  The agreement shall be automatically terminated upon the deletion of Weworx from your device and/or the closing of your account with us.

We reserve the right to immediately suspend, restrict or terminate your use of Weworx at any time, if we have reasonable grounds to believe that you have breached or violated any provision of these Terms of Service.

Notices relating to such termination, or any other matter, may be given by us by means of a general notice on Weworx or an electronic message sent to all or some of the users. 

Please ensure that you inform us if you no longer have control of your account (in cases where, for example, your account is hacked or your phone is stolen) so that we may cancel your account accordingly.

25. CONTACT US

If you have any questions, comments or suggestions regarding these Terms of Service, please contact us.  Alternatively, if you have reason to believe that we have not adhered to any of our undertakings in terms of these Terms of Service, please contact us.