Website terms of use

These terms apply to everyone who visits or uses www.elderbirch.co.za (the “website”), run by Elderbirch (Pty) Ltd, trading as ElderBirch Consulting & Services (“ElderBirch”, “we”, “us”). By using the website you agree to them. Please read them with our privacy policy. If you register, the job seeker terms or the employer subscription terms also apply.

1. What ElderBirch does — and doesn't do

We run a recruitment database (“the register”) where job seekers list themselves for free, a job board for vacancies, and a full-service recruitment agency for employers who ask us to recruit for them.
When employers and candidates find each other through the self-service parts of the website, the employment relationship is between them. ElderBirch is not the employer and is not a party to that employment contract unless we agree otherwise in writing.
We cannot promise that a candidate will be hired, that a vacancy will be filled, or that information posted by employers or candidates is complete and accurate. We check listings and act on reports, but you should still make your own enquiries — see Stay safe.

2. Accounts

You must be 18 or older to register.
The information you give must be true and yours. Job seekers may have one profile each.
Keep your password secret and don't share your login. You are responsible for what happens on your account. Tell us immediately at elderbirch@outlook.com if you think someone else has used it.
We may suspend or close an account that breaks these terms, puts other users at risk or is used for something unlawful.

3. Acceptable use

You may not use the website to:

post a vacancy that does not exist, is misleading, or discriminates unfairly against candidates;
ask job seekers for money of any kind, or for ID copies, bank details or other sensitive documents before a written offer of employment;
copy, scrape, harvest or bulk-download profiles, CVs or contact details, or use bots, scripts or other automated tools to access the website;
get around access controls, download limits or the subscription — for example by sharing logins or passing on information to people who have not subscribed;
impersonate a person or company, including ElderBirch;
send spam or contact candidates or employers about anything other than genuine employment;
harass, threaten or abuse anyone, or post unlawful, hateful or discriminatory content;
upload viruses or malicious code, or interfere with the website's security or operation.

4. Content you post

You are responsible for the profiles, CVs, vacancies, messages and other content you post, and you confirm that you have the right to post it. You allow ElderBirch to store, display and share that content as described in our privacy policy and the terms for your type of account, for as long as it is on the website. We may correct formatting, and we may hide, edit or remove content that breaks these terms, appears to be fraudulent or attracts reports.

5. Reports and moderation

Every vacancy, candidate profile and company page has a report link. Reports go to ElderBirch and are reviewed by a person. A vacancy reported by 3 different people is hidden automatically until we have reviewed it. Vacancies containing words commonly used in job scams may be held for review before they appear. Reports must be made in good faith; false reports made to harm a competitor or another user are a breach of these terms.

6. Intellectual property

The website's design, text, photographs, the ElderBirch name and tree logo, and the register as a compilation belong to ElderBirch or its licensors and are protected by copyright and trade mark law. You may view and print pages for your own use. You may not copy, republish or sell any part of the website or the register without our written permission.

7. Availability

We work to keep the website available and secure, but we provide it “as is” and cannot guarantee that it will always be available, uninterrupted or free of errors. We may change, suspend or stop parts of the website, for example for maintenance. Paid employer access is dealt with in the employer subscription terms.

8. Liability

To the extent the law allows, ElderBirch is not liable for loss or damage arising from your use of the website, from content posted by other users, from decisions made by employers or candidates, or from the website being unavailable. Nothing in these terms limits liability that cannot be limited by law, including liability for gross negligence or under the Consumer Protection Act 68 of 2008 where it applies to you.

9. Links to other websites

The website links to services such as PayFast, WhatsApp and Facebook. Their own terms and privacy policies apply when you use them, and ElderBirch is not responsible for their content or practices.

10. Electronic communications and records

You agree that agreements, notices and consents may be given electronically — by ticking a box, clicking a button or by email — and that they have the same effect as written and signed documents, as the Electronic Communications and Transactions Act 25 of 2002 provides. We keep records of consents and transactions, and you can ask us for a copy.

11. Governing law and disputes

South African law applies to these terms. If you have a complaint, please contact us first at elderbirch@outlook.com so we can try to resolve it. If we cannot, either of us may approach a South African court with jurisdiction. If you are a consumer, you keep every right you have under the Consumer Protection Act, including the right to approach the National Consumer Commission.

12. Changes to these terms

We may update these terms from time to time. The version and “last updated” date at the top of this page show when they last changed. If a change materially affects registered users, we will tell you by email or in your dashboard before it applies. Continuing to use the website after a change means you accept the updated terms.

13. Contact

Elderbirch (Pty) Ltd t/a ElderBirch Consulting & Services · elderbirch@outlook.com · 067 031 2470. Further company details are in our legal notice.