Terms of Service

1. Introduction & Acceptance

By creating an account, submitting a job application, or otherwise using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

These Terms are presented as required by section 11 of the Electronic Communications and Transactions Act, No. 25 of 2002 (ECTA), and are concluded electronically in accordance with section 22 of ECTA.

Nothing in these Terms limits any of your rights under the Consumer Protection Act, No. 68 of 2008 (CPA) or the Protection of Personal Information Act, No. 4 of 2013 (POPIA) that cannot be excluded or limited by agreement.

2. Definitions

For the purposes of these Terms:

• "Platform" — the Retailability Careers website, applications, APIs, and related services made available at careers.retailability.co.za.
• "User", "you" — any natural person who registers for, accesses, or uses the Platform.
• "Candidate" — a User who has created a profile or submitted a job application through the Platform.
• "User Content" — any information, files, CV, résumé, cover letter, profile data, communications, or other material you submit to the Platform.
• "Group Companies" — Retailability (Pty) Ltd and its subsidiaries, divisions, and affiliated brands (including EDGARS, KEEDO, Beaver Canoe, Metier, LEGiT, Boardmans, and Swagga).
• "Operator" — Solum Technology (Pty) Ltd, our appointed Platform Operator and POPIA-defined Operator, which provides, hosts, and stores the Platform on Retailability's behalf under a binding Data Processing Agreement.

3. Eligibility & Account Registration

Eligibility

You may use the Platform only if you are at least 18 years of age (or the lawful age of majority in your jurisdiction, if higher) and legally capable of entering into a binding contract under South African law. The Platform is not directed at children.

Account responsibilities

• Provide accurate, current, and complete information when registering and keep it up to date.
• Maintain the confidentiality of your password and any multi-factor authentication device.
• Notify us promptly if you suspect unauthorised access to your account.
• You are responsible for all activity that occurs under your account, except where caused by our failure to maintain reasonable security.
• You may not create more than one account per person, and you may not share your account credentials with any other person.

4. Permitted Use of the Platform

The Platform is provided for the following purposes only:

• Searching for and applying to job opportunities advertised by Retailability and its Group Companies.
• Creating and maintaining a candidate profile, including uploading a CV and supporting documents.
• Communicating with Retailability recruiters in relation to your application.
• Receiving notifications about your application status and (where you have opted in) future vacancies relevant to your profile.
• Exercising your data-subject rights under POPIA as set out in our Privacy Policy.

Any other use of the Platform — including commercial scraping, resale of information, or use by recruitment agencies on behalf of third parties — is prohibited unless we have given you express written permission in advance.

5. Acceptable Use & Prohibited Conduct

You agree not to:

• Provide false, misleading, or fraudulent information, including a CV containing material misrepresentations.
• Impersonate any person, misrepresent your relationship with any person, or use another User's account.
• Upload or transmit any material that is unlawful, defamatory, obscene, harassing, discriminatory, or that infringes any third party's rights.
• Upload viruses, malware, or any code designed to interfere with the Platform or any other system.
• Attempt to gain unauthorised access to the Platform, other Users' accounts, or any underlying infrastructure (including by exploiting any vulnerability).
• Reverse engineer, decompile, scrape, or otherwise extract source code, data, or models from the Platform, except to the extent permitted by South African law.
• Use automated tools (bots, crawlers, scripts) to access or interact with the Platform, except for public-search-engine indexing of pages we have made publicly accessible.
• Interfere with the proper operation of the Platform, including by overloading, flooding, or denial-of-service activity.
• Use the Platform to send unsolicited commercial communications (spam) or to harvest contact information.

We may investigate and, where appropriate, report suspected violations to the relevant authorities, including the South African Police Service and the Information Regulator.

6. User Content

Your warranties

By submitting User Content, you warrant that:

• The User Content is accurate, lawful, and complete.
• You own the User Content or have all rights, licences, consents, and permissions required to submit it.
• The User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights.
• You have obtained the consent of any third party identified in the User Content (for example, referees) to provide their information to Retailability.

Licence you grant to us

You grant Retailability and its Operator a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, and process your User Content solely for the purposes set out in our Privacy Policy — that is, to evaluate your application, match you to suitable vacancies, communicate with you, and comply with our legal obligations. We do not acquire ownership of your User Content.

Removal

We may, in our reasonable discretion and without prior notice, remove or restrict access to any User Content that we believe violates these Terms or applicable law. You may delete User Content from your profile at any time, or request anonymisation by exercising your rights under POPIA (see our Privacy Policy, Section 12).

7. Job Applications & Recruitment

No employment guarantee

The Platform is a recruitment tool. Submitting a job application does not create an employment relationship, an offer of employment, or any obligation by Retailability or any Group Company to employ you, interview you, respond to your application, or progress you to the next stage of any recruitment process.

Recruitment decisions

All recruitment decisions are made by authorised Retailability personnel. Automated tools may be used to assist recruiters in ranking and matching candidates, but no final hiring decision is made by automated means alone. You have the right under POPIA section 71 to request human review of any automated recommendation that significantly affects you.

System errors & final authority

The Platform may occasionally display incorrect information as a result of a system error, data-entry error, or technical fault. Any confirmation, offer, salary or remuneration figure, application status, or other outcome shown by the Platform that results from such an error is not binding on Retailability and does not create any right, entitlement, or expectation of employment or of any particular salary or terms.

The authoritative decision on whether you are employed or appointed, and on the applicable salary, benefits, and conditions of employment, rests solely with authorised Retailability personnel and is confirmed only through an official written offer of employment issued by Retailability. Where anything shown on the Platform conflicts with an official Retailability communication, the official Retailability decision prevails.

Communications

When you apply for a position, you consent to Retailability and its Operator contacting you about that application by email, telephone, or in-platform messaging. You may opt out of non-transactional communications at any time, but transactional communications relating to your active application will continue.

Background screening

Where required for a particular role, Retailability may request your separate consent to conduct background, qualification, credit, or criminal-record checks through accredited screening providers. Such checks will only be performed with your explicit, written consent in line with POPIA.

8. Intellectual Property

Our intellectual property

The Platform, including its software, design, text, graphics, logos, trademarks (including "Retailability", "EDGARS", "KEEDO"), and all other materials, is owned by Retailability, its licensors, or its Operator and is protected by South African and international copyright, trademark, and other intellectual-property laws.

Limited licence to you

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the personal, non-commercial purposes set out in Section 4. All other rights are reserved.

Feedback

If you send us feedback, suggestions, or ideas about the Platform, we may use them freely and without obligation to you. You will not retain any rights in such feedback once provided.

9. Third-Party Services & Links

The Platform may include links to third-party websites, services, or content (for example, employer-branded pages, social media, or training providers). These are provided for convenience only. We do not control, endorse, or accept responsibility for the content, availability, or practices of any third-party site or service.

When you leave the Platform via a third-party link, our Terms and Privacy Policy no longer apply. You should review the terms and privacy notices of any third party before interacting with them.

Where we integrate third-party tools (for example, identity providers, video-interview tools, or document-signing services), your use of those tools is subject to the relevant third party's terms, in addition to these Terms.

10. Privacy & Data Protection

Your use of the Platform is governed by our Privacy Policy, which forms an integral part of these Terms. The Privacy Policy describes how we collect, use, store, share, and protect your personal information in accordance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA).

Your POPIA rights

• Access to the personal information we hold about you (POPIA S.23).
• Correction or deletion of inaccurate or excessive information (POPIA S.24).
• Objection to processing under certain grounds (POPIA S.11(3)).
• Withdrawal of consent at any time, where processing is based on consent.
• Lodging a complaint with the Information Regulator at inforeg@justice.gov.za.

To exercise these rights, follow the Data Subject Access Request (DSAR) procedure in Section 12 of our Privacy Policy, or use the contact details in Section 16 of our Privacy Policy.

11. Disclaimers & Warranties

Subject to your non-derogable rights under the Consumer Protection Act, No. 68 of 2008 (CPA) and any other applicable South African law:

• The Platform is provided "as is" and "as available". We do not warrant that the Platform will be uninterrupted, error-free, secure against every threat, or that any defects will be corrected.
• We do not warrant the accuracy, completeness, or reliability of any job listing, salary range, or other information posted to the Platform — listings are indicative and subject to change without notice.
• Any salary, offer, or employment-status value generated or displayed by the Platform is indicative only. A binding employment confirmation and salary arise only from an official written offer of employment issued by authorised Retailability personnel; a system error in any such value confers no rights and the final decision rests with Retailability (see Section 7).
• We do not warrant that the Platform is fit for any particular purpose beyond the recruitment use described in these Terms.
• We make no representation that the Platform is appropriate or available for use in jurisdictions outside South Africa. If you access the Platform from outside South Africa, you do so on your own initiative and at your own risk, and you are responsible for compliance with local law.

Nothing in this Section limits or excludes any warranty implied by section 55 of the CPA or any other right granted to consumers that cannot lawfully be excluded.

12. Limitation of Liability

To the maximum extent permitted by South African law, and subject to your non-derogable rights under the CPA:

• Retailability, its Group Companies, its Operator (Solum Technology (Pty) Ltd), and their respective directors, employees, and agents will not be liable for any indirect, consequential, incidental, special, or punitive loss or damage — including loss of profits, loss of opportunity, loss of employment, loss of data, or loss of goodwill — arising out of or in connection with your use of the Platform.
• Our aggregate liability under or in connection with these Terms, for all claims arising in any twelve-month period, will not exceed ZAR 1,000 (one thousand rand) or the amount paid by you to us in that period (whichever is greater).
• We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control (force majeure), including failure of public infrastructure, internet outages, government action, or pandemic.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited.

13. Indemnity

You agree to indemnify and hold harmless Retailability, its Group Companies, its Operator, and their respective directors, employees, and agents from and against any third-party claim, demand, loss, damage, cost, or expense (including reasonable legal costs) arising out of or in connection with:

• Your breach of these Terms or any applicable law.
• Your User Content, including any claim that it infringes a third party's rights.
• Any misrepresentation by you in your profile, application materials, or communications with us.
• Your wilful or grossly negligent use of the Platform.

We will notify you promptly of any claim subject to this indemnity and cooperate reasonably with your defence, provided that we retain the right to participate in or assume control of the defence at our expense.

14. Suspension & Termination

Termination by you

You may stop using the Platform and close your account at any time by following the deletion procedure in your account settings. Closing your account does not automatically delete personal information that we are legally required to retain; the retention rules in our Privacy Policy continue to apply.

Suspension or termination by us

We may suspend or terminate your access to the Platform, in whole or in part, at our reasonable discretion and without prior notice, if:

• We reasonably suspect that you have breached these Terms or any applicable law.
• We are required to do so by law, by court order, or by a regulatory authority.
• Continued access poses a security, fraud, or operational risk to the Platform, other Users, or Retailability.
• We discontinue the Platform or any material feature (we will give reasonable advance notice where it is practicable to do so).

Effect of termination

Sections that by their nature should survive termination (including Sections 6 [licence], 8, 11, 12, 13, 16, and any rights or obligations accrued before termination) will survive. Termination does not affect any pending application unless we tell you otherwise.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our service, in the law, or in our business. When we make material changes, we will:

• Update the "Effective" date at the top of this page.
• Notify active Users by email or in-platform notice at least 14 days before the changes take effect, where the changes are material.
• Where required by law, request your renewed consent before the changes apply to you.

Your continued use of the Platform after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Platform and may close your account.

16. Governing Law, Jurisdiction & Contact

Governing law

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, are governed by and construed in accordance with the laws of the Republic of South Africa.

Jurisdiction

You and Retailability submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban, in respect of any such dispute, subject to your rights under section 90(2) of the National Credit Act and section 52(1) of the CPA where those provisions apply.

Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with one that most closely reflects the original intention to the extent permitted by law.

Entire agreement

These Terms (together with the Privacy Policy and any additional terms presented in relation to a specific feature) constitute the entire agreement between you and Retailability regarding the Platform and supersede any prior agreement on the same subject matter.

Contact

• Department: Legal & Compliance, Retailability (Pty) Ltd
• Email: enquiries@retailability.co.za
• Address: Head Office, Mount Edgecombe, KwaZulu-Natal, South Africa

For privacy-specific matters, please refer to our Privacy Policy.