Welcome to Cutag, operated by Cutag, Inc. (“Cutag” and sometimes referred to as “our”) and located at Alice in the Eastern Cape, South Africa. Thank you for using or visiting our products and services (“Services”). Our Services are a platform through which current and former students at particular educational institutions seeking employment opportunities or contracting opportunities (each, a “Student”) can find and connect with providers of such employment or contracting opportunities (each, a “Business”).
Cutag does not take part in, nor is Cutag in any way responsible for, any interactions between Students and Businesses, except to the extent necessary to maintain our Services. Any interaction between you and any other individual or entity through our Services or arising out of your use of our Services, including any interactions between Businesses and Students, is solely between you and that other individual or entity. Cutag expressly disclaims any responsibility for any interactions between Students and Businesses. For avoidance of doubt, Cutag disclaims any responsibility for any employment or contracting opportunities, employment or contracting services, or any other services or products acquired or made available through our Services, even if Cutag investigates or attempts to verify any information in connection therewith. You agree that you must evaluate and bear all risks associated with the use of our Services, including the Services Materials and the User Content, and that you may not rely on the Services Materials or User Content.
- Verification. By registering with our Services, you hereby authorize Cutag to verify any representations and warranties you make either pursuant to these Terms or within any materials submitted during the registration process, including conducting background checks, contacting any provided references, and reviewing public records. You acknowledge that while Cutag reserves the right to verify these representations and warranties, Cutag is not obligated to do so, and may choose not to do so, at Cutag’s sole discretion.
- Listing Employment or Contracting Opportunities. Upon registration, a Business may submit, through our Services, a notification to Students of a potential employment or contracting opportunity (a “Job Posting”). A Job Posting may only notify Students of a single employment or contracting opportunity, and must include, at a minimum, the following information: start date, position title and job description. Upon submission of a Job Posting, the submitting Business may fix typographical errors within the Job Posting, but may not make any substantial changes to the Job Posting. Cutag may also fix typographical errors within the Job Posting, but is not obligated to.
You agree not to use our Services to promote or further the commercial activities, including by submitting a Job Posting in connection with those activities, of any of the businesses, activities, or practices set forth in Cutag's list of Prohibited Business, as incorporated into these Terms by reference as if set forth fully herein. For avoidance of doubt, each Job Posting must comply with all restrictions hereunder, including those governing the submission of User Content and general use of our Services. Cutag may, but is not obligated to, make an independent investigation of the Job Posting to ensure full compliance with these Terms. If Cutag determines, in its sole discretion, that any representation or warranty made by you pursuant to these Terms is in any way false, incomplete, or inaccurate, Cutag may, at any time, reject, remove, or suspend or delay the posting of your Job Posting, in whole or in part. Cutag may, but is not obligated to, provide you with an explanation for the rejection or removal of any of your Job Postings from our Services.
All jobs posted on Cutag will be automatically transferred into a publicly-viewable job listing page. These pages are indexed to various third parties, and are not taken down after being filled; however, the job page will not accept applicants once a listing is closed (and the page will act as informational only, with links bringing a user back to the Cutag default homepages.)
- Payment. Some of our Services, including the opportunity for a Business to post an employment opportunity, will be available for purchase. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Cutag does not receive payment for a purchase, Cutag may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use or purchase of any of our Services, including sales, use, and excise taxes (excluding only taxes on Cutag’s net income). To the extent that Cutag is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are final. Cutag is not responsible for any costs or expenses in connection with any interactions between Students and Businesses.
- Proprietary Rights. Unless Cutag explicitly states otherwise in an agreement between you and Cutag, as between you and Cutag, Cutag owns or licenses and retains all rights, title and interests in and to all Apps, data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through our Services (“Services Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Services Materials. All Services Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user of the Services and Cutag, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Services are proprietary to Cutag or its affiliates, licensors (including Businesses), or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Services Materials, other than the right to use the Services Materials in accordance with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
Certain features of the Services (including the registration processes described in Section 1 above) may allow you to contribute comments, feedback, information, content, text, files, trademarks, logos, graphics, postings, and other materials and information, including Job Postings, for access, use, viewing and commentary by other users to the Services (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by our Services and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) be defamatory, libellous or trade libellous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity, including any business or educational institution, or that is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”; (e) be obscene, pornographic, or indecent; (f) violate any community or Internet standard; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. You retain all right, title and interest in and to the User Content that you submit and all intellectual property rights embodied therein. Upon your submission of User Content or other material or information to Cutag, you grant Cutag a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, host, communicate, publish, publicly perform, publicly distribute, and create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. This license continues even if you stop using our Services. If you believe that any content or postings on our Services or the Application violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
- Unauthorized Activities. You agree that you will not use our Services for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, trademark and employment anti-discrimination laws); (b) contacting any other user of our Services who has requested not to be contacted; (c) stalking or harassing anyone; (d) data mining, scraping, or for releasing spiders, robots, web crawlers, or any other data gathering or extraction tools to collect any information from our Services, including any information related to the Job Postings, except to the extent our Services are indexed by general purpose public search engines; (e) promoting any effort to compete with Cutag, including using our Services to provide, alone or in combination with any other product or service, any service to any third party or any use that causes a reduction or loss of business for Cutag as related to an existing or potential customer; (f) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of our Services Materials, unless otherwise authorized by these Terms or in a separate written agreement with Cutag; (g) attempting to gain unauthorized access to Cutag’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our Services; (h) any resale or commercial use of our Services, the Services Materials, or the User Content; (i) using our Services to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including any commercial purposes; (j) violating or offending any community or Internet standards of decency; or (k) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security features of our Services aimed at preventing or restricting the unauthorized use of our Services or any of the Services Materials. You may only use our Services and the Services Materials consistently with these Terms. A Business may use our Services to create and maintain a culture of workplace diversity and inclusion and it may not use our Services to unlawfully discriminate against any Student. Any other use of our Services or Services Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of Cutag is strictly prohibited. You acknowledge and agree that the unauthorized use of our Services or the Services Materials could cause irreparable harm to Cutag and that in the event of such unauthorized use, Cutag shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Third Party Web Sites and Content. Our Services are available for informational purposes only. Cutag is owned by a private company, and is not affiliated with any Business or educational institution, including any university or college. Our Services may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Our Services may also incorporate features and services provided by third parties, such as payment processing. Use of such third party links, features, and services, our Services and the Services Materials, and any other material or content on and made available through our Services is entirely at your own risk. Cutag does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites, including the terms and conditions of Cutag’s third party payment processors. Cutag does not endorse any product, service, or treatment provided on a third party website or advertised or provided on our Services.
- Availability of the Services. Cutag uses reasonable efforts to ensure that our Services are generally available. However, there will be occasions when access to our Services will be interrupted or unavailable. Cutag will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Cutag shall not be liable for any modification, suspension, or discontinuance of our Services and that all amounts paid under these Terms are non-refundable. In addition, Cutag may update, modify, suspend or terminate the Services, in whole or in part, at any time.
- Disclaimer. The information on our Services is for informational purposes only. Without limiting anything else in these Terms or otherwise, Cutag is not responsible for any errors or omissions in our Services or the Services Materials. Cutag, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Services Materials, User Content, products, data, services (whether performed by Cutag, any Student or Business, or any third party), links, advertisements, or other items contained within our Services. Cutag reserves the right to immediately remove any Services Materials or User Content for any reason or for no reason. Cutag cannot and does not review all communications or products made available on or through our Services, but, although not obligated to, may review, verify, make changes to or remove any User Content, Services Materials, the products or services made available in connection with our Services, including information submitted in connection with the Services Materials or other features at any time, with or without notice in its sole discretion.
THE SERVICES MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. CUTAG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, IS WITH YOU.
- LIMITATION OF LIABILITY. CUTAG AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE USER CONTENT, THE SERVICES MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR CUTAG HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CUTAG AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE USER CONTENT, THE SERVICES MATERIALS ON, IN AND MADE AVAILABLE THROUGH OUR SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF CUTAG AND ITS LICENSORS SHALL NOT EXCEED TEN RANDS (R10). If you are dissatisfied with our Services or with any of these Terms, or feel Cutag has breached these Terms, your sole and exclusive remedy is to discontinue using the Services.
- Indemnification. You shall indemnify Cutag and its directors, officers, employees, agents, contractors and licensors (“Cutag Indemnitees”) against all claims, actions, suits, and other proceedings (each, a “Claim”) arising out of or incurred in connection with our Services and your use of our Services, the Services Materials or any services, product or data obtained through our Services, your fraud, violation of law, negligence, wilful misconduct, or any other use of our Services, the User Content, the Services Materials, the services, products, information and other materials on, in and made available through our Services, except to the extent attributable to Cutag, or any breach by you of these Terms and shall indemnify and hold Cutag Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Cutag. Cutag or its licensors may assume the defence of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defence. You shall have the right to employ separate counsel in any Claim and to participate in the defence thereof. If Cutag or its licensors do not notify you that it elects to undertake the defence thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Cutag, subject to the right of Cutag to assume, at our sole cost and expense, the defence of any Claim at any time prior to the settlement or final determination thereof.
- Complaint Procedures. If you believe that any content or postings on our Services violates your intellectual property or other rights, please notify Cutag by email at firstname.lastname@example.org a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Termination. Cutag may immediately terminate your access to all or any part of the Services (including without limitation, any App) at any time, with or without cause, with or without notice.
If you elect to terminate your registration and Services account, you may do so at any time by sending an email (that includes your email address) to email@example.com or by going to your account settings and choosing “suspend account.” Please be advised that your Services account is not terminated simply by deleting our App from your mobile device. Your registration and Services account can only be terminated by following the process described above in this provision.
Upon any termination, all rights and obligations of the parties under these Terms shall cease, and you shall immediately stop accessing and using the Services, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of these Terms shall survive, (b) Cutag may retain and use User Content and other data and business records resulting from your use of the Services (but not in a manner that discloses your identity) and (c) the provisions of those sections of these Terms that should reasonably be understood to continue in effect shall survive (including without limitation, the sections entitled Proprietary Rights, No Warranties and Disclaimer, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction.
- Changes to these Terms. Cutag reserves the right at any time to modify, alter, or update these Terms. Your use of our Services following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited our Services before the change was made. It is the obligation of users using our Services before the change to learn of changes to the Terms since their last visit. Cutag may suspend or terminate your account and/or your ability to use our Services, for failure to comply with these Terms, for inactivity on our Services, for providing Cutag with untrue or inaccurate information about yourself, for infringement upon Cutag proprietary rights, or for any other reason whatsoever or for no reason.
- Relationship Between the Parties. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Cutag with respect to the subject matter hereof, and supersede all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of South Africa, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on our Services, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts.; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defences otherwise available.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Cutag agree that any claim or cause of action arising out of or related to the Services must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
ANY ACTION OR PROCEEDING UNDER THESE TERMS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND PROCEEDINGS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CUTAG ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
- Miscellaneous. Our Services are controlled and operated from within South Africa. Without limiting anything else, Cutag makes no representation that our Services, Services Materials, User Content, services, products, information or other materials available on, in, or through our Services is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Cutag to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
If you have any questions or need to contact us, we recommend you reach out at firstname.lastname@example.org.