Last updated 01 February 2020.
The following Legal
Terms and Conditions are available on www.cvracoon.co.za (hereinafter known as the
‘Web’ or ‘Website’, or CV Racoon) and establish the conditions of use and
access to the services offered to users by CV Racoon regarding the brand,
products and services of “Sri Adideva Enterprises”, company registered with
registration number 2019/377317/07 in South Africa.
The use of the Web
implies the acceptance of these Legal Terms and Conditions by the user
(hereinafter always referred to as ‘User’). Likewise, the use of the Web,
destined for persons of the required legal age, implies that the User is fully
capacitated to act on his or her own behalf. It is necessary for the User to
carefully read this document and be aware that the Web and the Legal Terms and
Conditions described herein may be subject to change.
Definitions
Legal Terms and Conditions : This document, as well as any
addendum, annex, notes or modifications that may be attached, at any time while
the Web remains valid and functioning, which constitutes the legal terms and
conditions regarding the relationship between the User and the Web.
Documents : Professional documentation such as a
Curriculum Vitae (resume), electronic profiles, cover letters, photographs,
videos, graphics, images, contents tables, texts, data, User comments,
communications, publications, messages, articles and other similar content, as
well as any other which can be incorporated in the Web and edited, created,
modified, altered etc.
Services : Specialized contents and services related to professional
documentation, including those that permit the creation of a resume, electronic
profiles, cover letters, photographs, videos, graphics, images, contents
tables, texts, data, User comments, communications, publications, messages,
articles and other similar content, as well as any other which may be
incorporated in the Web.
Users : The person who is authorized to access the CV Racoon Website
according to the available modes, either as a visitor and potential User of the
Web or with prior registration in the Web and thus acceptance of these Legal
Terms and Conditions for the use of services provided by CV Racoon.
Web/Website : The webpage where CV Racoon offers its services,
managed and marketed by CV Racoon and / or its business partners and
associates.
Service
The services
available on the webpage CV Racoon are provided by CV Racoon, owned and as such
managed entirely by Sri Adideva Enterprises (Pty) Ltd.
Through its website
CV Racoon offers its Users clear and precise information about the
characteristics of the products and services marketed.
Description of Services
CV Racoon is a
service platform that allows its Users access to specialized contents and
services (hereinafter referred to as ‘the Services’) relating to professional
documentation such as those that permit the creation of a CV, electronic
profiles, cover letters, photographs, videos, graphics, images, contents
tables, texts, data, User comments, communications, publications, messages,
articles and other similar contents. All contents and services available on the
Web that were not incorporated by the ‘Last Updated’ date at the beginning of
these Legal Terms and Conditions will be considered automatically included in
the Services once they form part of the Web.
The purpose of the
Website is to serve as an Internet portal in which Users may create their
Documents, and to which certain companies will have access for the purpose of
recruitment, selection, professional interview, provision of services, etc. CV
Racoon does not review, control, edit or monitor the Documents, and does not
make assessments about them or make selections of Documents or individuals. CV
Racoon is not involved in any transactions or exchanges of information between
employers and Users, so CV Racoon has no control over the quality, accuracy,
reliability, sincerity, integrity or availability of the Documents, nor the ability of potential employers to provide career opportunities, nor individuals
to complete job applications. CV Racoon will not make statements or guarantees
of any kind about potential employers or individuals.
Information made
available through the Website, including any relating to the creation,
modification and / or revision of Documents in CV Racoon, will be governed by
the CV Racoon Privacy Policy, which is available at
https://cvracoon.co.za/privacy-policy/ (the ‘Privacy Policy’). These Legal Terms
and Conditions incorporate the terms established in the Privacy Policy as
necessary.
By creating
Documents using the CV Racoon Services, Users consent to storage of the
aforementioned by CV Racoon. To access the Web, Users must have the necessary
equipment, which includes all the necessary tools to establish an Internet
connection (including PCs or laptops, modems, tablets, other devices, etc.) for
which CV Racoon cannot be held in any way liable or responsible.
Registration, usernames and passwords
Users will have to
register at CV Racoon to access certain Services or areas of the Web. Regarding
registration, CV Racoon may refuse to assign a username (or e-mail address)
that is already in use by another person, which may result in the illegal use
of another person’s account; that violates or may violate any intellectual
property or other rights; that is offensive or that CV Racoon deems
unacceptable for whatever reason exercising their full discretion.
The assigned user
name and password are for personal use only and are not allowed to be used by
other people, including colleagues from the same organizations as the User,
those who provide or receive services to or from the User, or affiliates. Users
are responsible for maintaining the confidentiality of any password they may
use to access the Web, and undertake not to transfer, communicate or grant
their user names or passwords, or otherwise lend or transfer their rights of
use or access to the Web to any third party.
CV Racoon can
monitor the use of usernames and passwords and may request that the User change
them at their sole discretion. If a username or password does not meet the
necessary security conditions, CV Racoon may immediately require its
modification, or proceed to close the User’s account.
Users are entirely
responsible for any interaction with the Web that occurs in relation to their own
username or password, including but not limited to any possible transactions,
and specifically any costs incurred. Users agree to immediately communicate to CV
Racoon any unauthorized use of their username or password, or any other
security incident in relation to their account, or to the Web itself, as well
as to ensure that they proceed to close their Web usage sessions (if required)
at the end of each session. CV Racoon shall not be liable for any loss or
damage that may occur for breach of these responsibilities.
CV Racoon reserves
the right to evaluate each User request before permitting use of the Services
offered and Users upon entering into a contract with CV Racoon accept this. CV
Racoon may in its sole discretion:
·
Monitor requests for use of the Services
·
Alter, delete or reject any request.
·
Communicate requests and any relevant circumstances to third parties
whenever necessary for use of the Services, in accordance with applicable
regulations.
Payment for Services
If Users contract
the CV Racoon Services, either for a one-time use or through a subscription,
Users give their consent that third parties may process and store their payment
data in order to receive payment of the Services contracted with CV Racoon,
according to the application rules and the Privacy Policy.
The contracting of CV
Racoon Services will be made through payment of the corresponding fee along
with any taxes or fees resulting from application. If revenue collections are
carried out by Public Authorities through CV Racoon, Users consent and agree to
reimburse said amounts, if it were necessary to pay.
Users can proceed
to payment of the Services of CV Racoon through the regular and recurrent
payment of the corresponding quota that will be established at the time of
finalizing the contract with the User. Users will receive the information
corresponding to the terms of payment in the way it is agreed with CV Racoon
and in accordance with any applicable regulations, including the procedure for
finalization of payment of Services.
Occasional Payments
CV Racoon offers
the possibility to contract the Services for a definitive period. When
contracting a plan, Users agree to pay the applicable rate, which will be
processed upon registration and will include the use of the plan during the
agreed subscription period.
Users must provide
data for payment of Services that are accurate, truthful and up-to-date. If the
payment information is not updated and the User has not communicated the new
payment information, CV Racoon will proceed to collect any amount due for the
Services contracted using the method of payment initially designated. Users
will be responsible for the payment of any amounts due to CV Racoon.
Possible images,
descriptions or references to products or services on the Web do not
automatically imply the guarantee, adherence or obligation of the sale or
marketing of these items by CV Racoon. CV Racoon reserves the right, with or
without prior notice, to make changes in said images, descriptions or references,
to limit the quantity available of any product or service, to address or
introduce limitations or conditions to accommodate any coupon, promotional code
both on coupons or other elements, or other promotions, to prohibit certain
Users certain transactions in accordance with these terms, and to reject the offer of products or services to any user.
The price and
availability of any product or service on the Web is subject to variations and
changes sometimes without prior notice and in accordance with CV Racoon
specifications. Any refunds and changes to User Services will be made in
accordance with CV Racoon’s return and exchange policies. Users shall pay any
amount which they may have incurred for the Web Services, in the terms agreed
upon when contracting the Services, including, if applicable, any associated
expenses (such as shipping and storage costs), and applicable taxes and rates.
Payments and Subscriptions
If you purchase the
services we offer for a fee or single subscription, you agree that CV Racoon
providers can store your payment information. You also agree to pay the
applicable fees for the products or services you request as they expire, plus
all related fees, and reimburse us any collection costs and interest on the delayed
amounts.
Any non-payment may
cause your subscription to cease. Depending on the origin of your transactions,
the payment method used and the origin of the payment method, your transaction
may be subject to applicable fees for currency exchange or price differences,
due to Exchange Commissions. Your transaction may be subject to currency
exchange commission assessed by your bank or card issuer. CV Racoon is not
responsible for any commission for currency exchange or surcharges and will not
give any compensation or refund for any surcharges imposed by your bank or card
issuer. CV Racoon does not accept all payment methods, currency or payment
locations. If the payment method you use with us expires, such as credit or
debit card, and you do not edit your payment information or cancel your account
or service, you authorize us to continue to bill through that same method of
payment, and you will be responsible for unpaid amounts.
All applicable fees
are calculated taking into account the billing information you provide at the
time of purchase. You acknowledge that any product or service you have
purchased is subject to these conditions and any additional conditions related
to the product or service that we offer.
Cancellation rights and refund policy
Following its full
money back guarantee, CV Racoon will offer a full refund of the fee to
customers cancelling their subscription within the initial 3-Day subscription
term. Users may cancel their subscriptions at any time. However, Users cancelling
their subscription after the initial 3-Day full access membership will not
receive any refunds or reimbursements for subscription fees and payments
already billed. In the event of a cancellation of the subscription, Users will
retain their full access to the website for the rest of the corresponding
billing period, after which the accesses to the website and full access
membership will automatically be revoked. Surcharges for subscription periods
will not be refunded, regardless of the length of the subscription period.
General Conditions of Use
CV Racoon reserves
the right to make changes and / or improvements at any time to the information
contained on the Website or to the configuration of the Website at any time and
without prior notice, that will be subject to the conditions established in
these Legal Terms and Conditions.
In particular, it
reserves the right to unilaterally modify, without prior notice, the
presentation, configuration and content of the Website, and of the Services
provided, as well as its operating rules and these Legal Terms and Conditions,
acting always in accordance with the implementing legislation, and provided
there is sufficient cause for it
In the event of
modifications, they would be communicated through the Website itself or
according to the means deemed most effective for the general knowledge of
Users, and will be made for the improvement and updating of the operation.
Any modifications
will take effect immediately at the time of their publication on the website.
The User agrees to
correctly use the Web in accordance with the law and the present legal notice,
morality and public order. The User will respond to CV Racoon, or to third
parties for any damages that could be caused as a result of the breach of said
obligation.
Access, navigation
and use of the Website is the responsibility of the User and he/she promises to
use the contents diligently, correctly and lawfully, as well as to faithfully
respect any additional instruction provided by CV Racoon or authorized personnel
of CV Racoon regarding the use of the Website and its contents. The individual
User endeavours to abstain from but not limited to the following:
Use the contents
for purposes or actions contrary to law, morality and generally accepted good customs,
or public order. To this end, CV Racoon reserves the right to prevent or
prohibit access to any Internet User that introduces in this Website any
content contrary to the Web or morality regulations, also reserving the right
to exercise all legal measures that could correspond to avoid this type of
conduct.
Reproduce, copy,
distribute or permit public access through any form of public communication;
Alter, change, modify or adapt the contents, unless authorized by the holder of
the corresponding rights or legally permitted.
To use the contents
and, in particular, the information of any kind obtained through the Web or its
services to send publicity, communications for the purpose of direct sale or
with any other kind of commercial, promotional or message-sending purpose
(including any type of ‘junk mail’, ‘spam’, ‘chain letter’, ‘pyramid scheme’ or
similar), as well as to market or otherwise disclose said information.
Perform any act
contrary to the norms that regulate the protection of personal data, the market
and consumers, intellectual property, tax rules, protection of honor, privacy,
and image and reputation of persons or entities.
Perform any act of
defamation, abuse or aggression, harassment, threat and / or fraud of any kind;
as well as any act or activity that is considered or may be considered obscene,
indecent, pornographic or related to pornography, or in any other offensive
sense.
Perform any
activity that could give rise to civil or criminal liability, which encourages
conduct punishable by law, or encourages or promotes illegal activities such as
‘hacking’, ‘cracking’ or ‘phreaking’.
Introduce by any
means elements such as viruses, worms, Trojans, ‘Easter eggs’, ‘time bombs’,
spyware, or other software, codes or files that could be harmful, dangerous or
invasive, or that could damage or misuse CV Racoon’s operations, or monitor or
control the use of any type of hardware, software or equipment.
Use any robot,
‘spider’, search or retrieval application on the Web, or install or use any
automatic or manual device to retrieve, index, perform ‘crapes ‘, ‘data mining’
or otherwise gather or store Web content, or reproduce or bypass the navigation
structure or the presentation of the Web without prior express consent of CV
Racoon.
Use of the Web for
purposes detrimental to CV Racoon, its property or interests, or third parties
is expressly prohibited, or in any way that overloads, damages or renders
networks, servers and other hardware, or products and applications (Software), CV
Racoon or third parties useless.
Users and, in
general, any person who accesses the Web through any channel, should refrain
from obtaining, or trying to obtain any kind of material accessible through the
Web itself, or the services provided by the Web, using means or procedures
other than those made available for that purpose.
Responsibilities and Obligations
The information
provided and managed by the User is confidential and is subject to professional
secrecy. CV Racoon will treat the information of its Users in accordance with
the rules of personal data protection in force in South Africa.
CV Racoon
guarantees to apply appropriate security measures, adapted to the current
regulations, designed to protect the confidentiality, security, integrity and
truthfulness of the information offered on this Website and will not assume any
responsibility for any damages, harm or tangible or intangible loss arising
from fraudulent use of the contents of the Website, or from your own use or
access to the CV Racoon Website, including any connections that may be made
through that site or the misuse of passwords or identifiers to access the
contents of the latter.
Upon termination of
the legal relationship established with the User, CV Racoon is fully committed
to preventing access to any data and information in its possession. The
preservation of any data or information that is accessed by virtue of the
services provided on the Web after the termination of such services is
expressly prohibited, irrespective of the duty of conservation required by the
applicable legal provisions.
CV Racoon
guarantees to do maintenance of all the necessary operating conditions,
updates, improvements, availability and security of the Web, as well as the
necessary conditions to solve any type of incident or consultation derived from
the Services, and those that could be required to guarantee the integrity of
the authentication and identification mechanisms required.
The Web of CV
Racoon and the Services rendered through it, must be used exclusively as a tool
of storage, consultation and management of the Services provided, with CV
Racoon resulting exempt from any responsibility relating to misuse of the
platform or for purposes other than those stated.
CV Racoon will not
be responsible for the veracity or legality of any Documents stored by Users,
nor for its use through the Web. CV Racoon does not guarantee the quality or
appropriateness of the uploaded, consulted or stored files that will in any
case be the responsibility of the User, and shall not be liable for direct,
indirect, consequential or incidental damages arising from non-attributable
uses.
CV Racoon is not
liable for damages of any nature that may arise from availability and technical
faults of the Website. In particular, CV Racoon is not responsible nor does it
guarantee that access to this Website will be uninterrupted or error-free. In
no case will CV Racoon be liable for losses, damages or harm of any kind
arising from access to and use of the Website, including, but not limited to,
those caused to computer systems or those caused by the introduction of a
virus.
In this sense, CV
Racoon shall not be responsible or liable in any case for (a) the interruption
of its commercial activity; (B) delays or interruptions in access to the Web;
(C) failure to deliver, erroneous delivery, corruption, destruction or other
modification of data; (D) damages caused to the computer equipment of Users or third
parties during the provision of the Web service and (e) of any other incidents
that are beyond reasonable control of CV Racoon. CV Racoon will not be liable
for damages or losses caused by decisions made based on the information
disseminated by this medium nor for any possible inaccuracies, omissions or
errors contained therein. CV Racoon is not liable for damages and losses of any
nature that could be derived from unauthorized third-party knowledge of User’s
data and their use of the Website.
Customer Service
CV Racoon has a
Customer Support Service in order to guarantee Services of the Website and to
address the resolution of possible incidents that could arise, who can be
contacted through the email info@cvracoon.co.za
Link Policy
CV Racoon is not
responsible in any way for the contents of the websites whose links may be
mentioned on the CV Racoon Website. Similarly, CV Racoon cannot be held
responsible for the result obtained through these links or the consequences
derived from Users accessing them.
CV Racoon will only
be responsible for the content and Services provided on the Websites whose
links can be mentioned on the CV Racoon Website as much as CV Racoon could have
real knowledge of its illegality.
In the event that a
User may have suspicions about a possible breach of the confidentiality
conditions established on the Web, the User is required to contact CV Racoon as
soon as possible to minimize possible negative effects that may result from such
a situation. CV Racoon shall not be liable for any loss or damage that may
arise if said suspicions are not communicated in the manner indicated.
Industrial and
Intellectual Property
Acceptance of these
Legal Terms and Conditions by the User implies a license to use the tools of
the Web, which will have a non-transferable or exclusive character, and will
enable use and access of the Services provided by CV Racoon anywhere in the
world.
Likewise, the whole
Website, i.e. the elements that it contains (texts, images, trademarks, logos,
audio files, software files, color combinations, etc.), as well as the
structure, selection and order of its Contents are protected by the rules of
Intellectual and Industrial Property in force in South, and cannot be
exploited, reproduced, distributed, modified, publicly traded, transferred,
transformed or disseminated in any other form not expressly authorized.
Access to the
Website CV Racoon does not grant Users any right or ownership whatsoever over
the intellectual and / or industrial property rights of the content that it
contains.
The texts and
graphic elements (design, logos, source code and the like) as well as the
contents, images, trademarks, logos, etc. which appear on these pages, their
presentation and assembly, are exclusive property of CV Racoon, which retains
all industrial and intellectual property rights over them, including software.
Access to this material does not imply in any way the granting of a license for
its reproduction and / or distribution, which in no case are permitted without
the prior consent of CV Racoon, even if the origin of the same is detailed. CV
Racoon reserves the right to exercise any judicial action that may correspond
to it in accordance with the regulations of application against Users that
violate or infringe the intellectual and industrial property rights derived
from the Web in any way.
Ownership of Information
The User is the
sole owner of the Documents that he/she incorporates, creates, edits, modifies,
manages or stores on the CV Racoon website, therefore access to it by third
parties other than the User, will be carried out under supervision and
exclusive responsibility of the User. In any case, the User acknowledges the
legality of all information used or disclosed in CV Racoon, expressly exempting
CV Racoon or its service providers, or business partners from any liability
arising from the possible unlawfulness of said information, and infringement of
rights of third parties. The User may at any time download the Documents from CV
Racoon in accordance with the functionalities of the Website
Cookies
In order to obtain
statistics regarding the number of visitors to the Web, CV Racoon will use
non-identifiable information related to them.
The use of the CV
Racoon Website may generate ‘cookies’, understood as fragments of information
stored on the hard disk of the User’s computer, which can be used to improve
the operation of the Website in successive visits and offer a better service to
the User. The User has the possibility to reject the use of cookies on their
computer. He/She can do so by configuring the settings on their browser.
Jurisdiction and Applicable
Legislation
The present Legal
Terms and Conditions will be governed, interpreted and executed in accordance
with South African regulations, renouncing the User’s own jurisdiction and
submitting themselves to the jurisdiction and venue of the South African Courts
and Tribunals notwithstanding any lawful provision to the contrary.
By using the
Services from different locations, Users assume such use under their
responsibility and at their own risk. Users must comply with the regulations
established in the places where they are located and from where they access the
Services as applicable.
Terms of Validity
These Legal Terms
and Conditions will apply as long as CV Racoon does not determine its
termination. CV Racoon may, at its discretion, terminate the access or use of
the Website in accordance with the applicable regulations, including the situation in which Users may have violated or acted inconsistently with these
Legal Terms and Conditions. Following termination of the Web, the rights of use
of the latter will cease immediately, CV Racoon being able to deactivate the
assigned user names and passwords, or to delete them, along with any associated
information and / or documentation and according to application regulations.
CV Racoon and any
brands, entities and associated organizations will not assume any more
responsibility for the cessation of use of the Website and / or Services than
the economic ones that may arise from contracting the Services, in accordance
with the terms of the CV Racoon return and cancellation policies.
Dispute Resolution
Before beginning
any procedure of intermediation or arbitration, the Users should contact CV
Racoon by email at info@cvracoon.co.za in order to try to reach a solution between
the parties.
Complaints regarding the Service will be handled within 14 calendar days of receipt of the notice by email at info@cvracoon.co.za. In the event that the complaint is accepted by CV Racoon, the User will have the right to use the Services in accordance with the agreed terms, or will be refunded the price paid for said Services.