KELLY GROUP LIMITED: TERMS OF USE

Kelly Group Limited and its affiliates (the “Company") provide the information contained on this website, and the pages comprising the website (collectively the "website") subject to the terms and conditions set out herein and as may be referenced herein ("the terms"). The terms also regulate any information electronically submitted by you to the Company, including via the website and by e-mail.

  1. Acceptance: By accessing the website, you, the visitor to the website (“you”/”your”) agree to be bound by the terms. The Company may at any time modify any of the terms and the amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as may be modified from time to time.

  2. Content of the Website.  Whilst every effort is made to update the information, data and content on the website, the Company makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and content on the website. The Company reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data or content on the website. 

  3. Consents. In addition to the consents referred to in the “Privacy and Security Policy” you hereby consent to (a) the Company or a potential employer requesting a report in respect of you from a registered credit bureau (‘bureau”) where the employer is considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances; (b) the Company conducting a credit check on you; (c) your information being submitted to a bureau for use by the bureau in the normal course of its business as a registered bureau.

  4. Verification: All instructions, provision of information, consents, requests, data and any other communications (collectively, “information”) which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to the Company electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the information actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by the Company and you will be bound by such information with no liability of whatever nature attaching to the Company in regard thereto.

  5. Waiver: You waive any rights you may have or obtain against any of the Company arising from any loss or damage of whatsoever nature which you may suffer as a result of the Company acting on your information or information purported to emanate from you.

  6. Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 ("ECT Act").  Please refer to the Kelly Access to Information Manual (“Manual”).

  7. Privacy and Security.  All personal information submitted by you and/or obtained by the Company by virtue of your use of this website is protected as set out in our privacy and security policy. 

  8. Copyright and Intellectual Property Rights.  Copyright and all intellectual property rights in all materials, texts, drawings, content and data available on or via the website, including logo’s, content, designs, the “look and feel” and “get up” of the website, icons, trade marks and trade names (collectively "the materials") are owned by the Company alternatively, the Company is the lawful user thereof.  Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Company.  Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written permission of the Company.

  9. External links.  External links may be provided for your convenience, but they are beyond the control of the Company and no representation is made as to their content. Use or reliance on any external links provided is at your own risk.  When visiting external links you must refer to that external links’ terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Company.

  10. Warranties: Save as set out in the terms, the Company makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. By accessing the website, you warrant and represent to the Company that you are legally entitled to do so. The Company does not make any warranty or representation that information and content on the website is appropriate for use in any jurisdiction.

  11. Limitation of Liability: Neither the Company or its directors shall be liable for any loss, liability, damage or expense of any whatsoever nature which is caused by or attributable to (i) your access and use of the website; (ii) any failure and/or unavailability of the website for any reason whatever; (iii) your use of or reliance of any information offered on or via the website; (iv) any information submitted by you to the Company, including via the website; (v) the use by any party and/or reliance by any party on any information submitted by you to the Company, including via the website..

  12. Address for Service. The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in the Manual and telefax number set out in the Manual. The Company shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

  13. General
  • The terms constitute the sole record of the agreement between you and the Company in relation to the subject matter hereof.  Neither you nor the Company shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein.  These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Company in respect of the subject matter hereof.  No indulgence or extension of time which either you or the Company may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
  • The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
  • All provisions of these terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.  Any provision of these terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms shall remain in full force and effect.
  • Should the Company be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as the Company is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent.  In the event that force majeure continues for more than fourteen days after it has first occurred then the Company shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you.  An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
  • These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the relevant Court of the Republic of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.