1.1 These Terms and Conditions of Use are the responsibility of Kazi Kazi. Kazi Kazi is an employment web site that enables employers to post jobs or access our database of job-seekers, and enables job-seekers to post a profile and resume on line and to search and apply for jobs. Kazi Kazi also refers to kazikazi.co.tz, kazikazi.org.tz, workwork.co.tz and other sites with the kazikazi or workwork domain name. Kazi Kazi’s parent company is Perspective Tanzania Ltd, incorporated 10th July 2014. Within this agreement ‘Kazi Kazi’ refers to all information, materials and services delivered on sites with the aforementioned domain names, including mobile versions of these websites and software applications derived from these websites for mobile devices. These terms and conditions shall govern the use of our website and of any other services provided by Kazi Kazi by all users of the site. Employers are thus required to adhere to these Terms and Conditions, but please note in addition our Terms and Conditions of Use for Employers where additional terms and conditions specific to employers are given.
1.2 Kazi Kazi may revise these Terms and Conditions at any time by posting an updated version to this website. The latest updated version will be applicable to the use of services offered on this website.
1.3 By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. Users who violate these Terms may have their access to and use of the website suspended or terminated at Kazi Kazi’s sole discretion. Kazi Kazi may also remove, at our sole discretion, any content from the website which fails to comply with these Terms.
1.4 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright for the material and trademarks in this site are owned by Kazikazi.co.tz, Kazikazi.org.tz, Workwork.co.tz and other sites with these domain names, and by its parent company Perspective Tanzania Ltd.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. It is a condition of your use of the Kazi Kazi website and of other services provided by us that you will not either through any act or omission mislead or deceive others.
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must not access membership and logged in parts of the site without permission for commercial or non personal-use.
7.4 You must keep your password confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. Furthermore, you are entirely responsible for all activities that occur under your login name. Note that you may change your password whenever you choose by following instructions. You may also change your login by contacting our customer service.
7.5 You must notify us immediately if you become aware of any disclosure of your password.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time at our sole discretion without notice or explanation. Note that we reserve the right to delete an account and all relating information after a significant period of inactivity.
8.2 In the case that an account with Kazi Kazi is deleted all information in connection to the account will be marked as deleted and may be deleted from our databases. This information may include a user’s resume, account, cover letter, saved job posts, etc. These will be deleted and will be removed from any public area of our website. Note that this information may in fact remain available for some period of time owing to delays in implementation through our web servers. Note also that third parties may retain saved copies of User’s information.
8.3 You yourself may cancel your account on our website.
9. Your content/User content: licence
9.1 In these terms and conditions, “your content” or “user content” means all works and materials (including without limitation text, emails, information, messages, data designs, logos, graphics, images, pictures, music, other audio material, video material, audio-visual material, scripts, software and files, trademarks) that you submit to us for storage or publication on, processing by, or transmission via, our website.
9.2 Kazi Kazi has the unrestricted right and permission to adapt, reproduce, distribute and sub-license such user content for advertising, internal use or other lawful purpose. Kazi Kazi reserves the right to refuse content, or to accept it, and to alter, display, post, reproduce and transmit any user content at our sole discretion.
9.3 You grant Kazi Kazi the right to share users’ data (such as provided in the registration process, saved in User’s Account and CV) with potential employers. Potential employers are allowed to contact users with news, updates, and job offers.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. Thus as a user you will not claim any rights in connection with content you have submitted nor claim for remuneration from Kazi Kazi or a third party. You also waive any right that you may have to examine or approve user content and products related to this content used for any kind of publication. You also agree other users including employers may access, display, view, store and reproduce user content.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11. Limited warranties
11.1 We do NOT warrant or represent or guarantee:
(a) the completeness or accuracy of the information published on our website. Kazi Kazi tries to ensure that jobs and job-seekers are genuine and that the information presented is accurate, but it gives no guarantee that all the information given for every job or job-seeker is free from error or inaccuracy.
(b) the continued availability of any particular job or product advertised on the Site. Kazi Kazi will not be liable to you should an advertiser have filled or withdrawn a vacancy, or a jobseeker have become unavailable at any time prior to removal of the advertisement or resume from the Site.
(c) sites or services we link to or that link to Kazi Kazi. Our website may provide links and pointers to the Internet sites of third parties. We are not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply endorsement by Kazi Kazi of the linked site, and we will not be liable for any loss or damages arising in connection any information or service provided by a third party.
(d) that the material or any material on the website is up to date. Kazi Kazi provides no guarantee to you that our services will be uninterrupted or free of error or defects, nor that any such errors or defects will be corrected. You are responsible for implementing the necessary procedures to ensure the accuracy of data input and output, and for maintaining a means external to the site to reconstruct any lost data.
(e) that files available for downloading through our website or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties.
11.2 Kazi Kazi does not recommend or endorse any of the employers, job seekers, advertisers or products advertised on its site and we strongly recommend that before to entering into any agreement with any user of the site that you carry out your own independent background check. Kazi Kazi will not be liable for any decision made or action taken by you or any other person based on any information contained in or omitted from our website.
11.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.4 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.9 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Tanzania.
19.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Tanzania.