1. Description of Services

SMS JOB is not an employment service, it is an advertising service. The advertiser does not warrant that by advertising using SMS JOB your services will be engaged. Nor does the advertiser warrant that the users of SMS JOB have the skills that they profess to have. Should you use SMS JOB you expressly authorise the advertiser to place your advertisement on an electronically searchable database.
Users may interact and add/update details via SMS (Short Message Service) services or USSD menus to certain compatible cellular devices (the "Service"). The Service may also include access to products & services of third parties. After proper registration & payment, you will be permitted to interact and download certain products through the service to compatible cellular phones & other compatible devices.

2. Registration & Access to the Service

2.1 Access to the Service.
In order to use the Service you must be of legal age & have bill payer's permission. If you are under 21 (twenty one) then your parent or guardian should read and accept these terms of use and the SMSJob Mobile Privacy Policy before you use any of the Services. The contract is void where prohibited. In order to use the Service, you must also have a cellular communications subscription with a participating carrier or otherwise have access to a cellular communications network for which SMSJob makes the Service available, & pay any service fees associated with any such access. In addition, you must provide all equipment & software necessary to connect to the Service, including, but not limited to, a cellular handset or other cellular handset/device that's in working order & suitable for use in connection with the Service. You are responsible for ensuring that your equipment &/or software do not disturb or interfere with SMSJob's operations. Any equipment or software causing interference shall be immediately disconnected from the Service & SMSJob shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products & services, shall be subject to the terms & conditions of this Agreement.

Use of any of our SMSJob services constitutes the following:-
(1) Your use of any of SMSJob's Service offered to you, will be subject to our most current version of these Terms & Conditions for SMSJob Services and the SMSJob Mobile Privacy Policy on this website at the time at which you use the Service.
(2) You, the user, understand that by using any of our SMSJob Services, you acknowledge that you have read, understood and accept these terms of use and the SMSJob TERMS & Privacy Policy.
(3) These terms of use and the SMSJob Privacy Policy are not without legal force against you. Thus, when using our services and in particular when downloading any of our content, you are entering into a legally binding and enforceable agreement with us.

2.2 Contracts for our Service.
SMSJob is offering its services on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products & services shall be deemed as a binding offer by SMSJob, but as an invitation for you to make use of the service. The contract for the ongoing Subscription Service between you & SMSJob shall begin when SMSJob, upon your request, has provided you with access to the Service (such access may be based on a personal username & password generated for that purpose or on other data that SMSJob deems sufficient for your identification). Access to the Service can be provided by delivering to you text information (e.g. a text SMS or by your selecting a package on a USSD menu) or by enabling you to download the product (e.g. by delivering a WAP-Push link or a PIN for download of the information content on SMSJob’s website) or by providing access to the cellular content (e.g. by enabling MSISDN for this product). The subscription period is one week, two weeks or one month depending on the type of the subscription contract. The Subscription contract & the subscription period will be renewed each week, every other week or each month as applicable & a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated &/or cancelled by you or SMSJob according to Section 8 of these Terms. Contracts for the products & services of SMSJob & independent third parties which are made available through the Service shall begin when SMSJob or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or SMSJob according to Section 8 of these Terms. The SMSJob daily/weekly/fortnightly/monthly subscription contracts/cellular packages include a certain defined number of credits which entitle you to download, receive &/or access that defined number of individual downloads of cellular for a daily/weekly/fortnightly/monthly flat fee. After entering into your subscription contract, every day/week/two weeks/month SMSJob will activate your account. The daily/weekly/fortnightly/monthly flat fee shall become due every day/week/two weeks/month your subscription contract is valid irrespective of whether or not you update/actually download any services during any particular subscription period; the consideration for the daily/weekly/fortnightly/monthly flat fee shall solely be the daily/weekly/ fortnightly/monthly provision of the right to download, receive &/or access downloadable cellular content or advertise yourself on the SMSJob website, in other words the making available of your details to the public on our website is billed to the user regardless of the validity of the details supplied to SMSJob. If you purchased your SMSJob product in a store or directly from SMSJob or a third party, the contract shall be deemed concluded at the time of the purchase of the product.

2.3 Responsibility for the Use of the Service.
You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products & services made available through the Service. You agree to notify SMSJob immediately in case you become aware of or suspect unauthorized use of your password or account or Subscription or any other breach of security, & to ensure that you log out of your account at the end of each session. SMSJob cannot & will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge & agree that you will not use the Service for any commercial purposes.

2.4 Registration & Registration Data.
Upon your request, SMSJob may register you as a user & provide you with access to the Service by allocating you a personal username & password. SMSJob may need to change usernames allocated to certain aspects of its Services & reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products & services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password & account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (1) provide true, accurate & complete information about yourself as prompted by the registration form ("Registration Data") & (2) maintain & promptly update the Registration Data to keep it true, accurate, current & complete. If SMSJob Mobile has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, SMSJob has the right to suspend or terminate your account & refuse any & all current or future use of the Service (or any portion thereof). Prior to any such withdrawal SMSJob shall temporarily withdraw the Service & notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

2.5 Access without Registration.
SMSJob may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that SMSJob deems appropriate. Identification is typically based on data identifying your Subscription, such as your cellular phone number. You agree that such information may be collected & disclosed to SMSJob & used in accordance with Section 3.

2.6 Assignment.
You may not assign or transfer in any other way the contract or any of your contractual rights. SMSJob shall have the right to assign its rights & obligations under this contract & any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

2.7 License to Download(s).
You acknowledge & agree that the Download(s) that may be made available as part of the Service are owned by SMSJob, its affiliate &/or licensors, as applicable, & are protected by intellectual property laws. SMSJob hereby grants, & you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download & use the Download(s) & the Service on a designated compatible cellular device solely for your own personal non-commercial use. You further acknowledge & agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

2.8 Interruptions or Discontinuation of Service.
SMSJob may suspend the Service (including that of the website hosted at www.smsjob.co.za) for repair, maintenance, &/or upgrade work. In such event, SMSJob shall aim at keeping the said interruption short & at causing as little inconvenience to you as reasonably possible. SMSJob reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by SMSJob it will notify you of this fact & reimburse any pre-paid fees.

2.9 Contracts for Products & Services of Third Parties.
The Service may also include access to products & services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, SMSJob shall indicate the products & services as third party content. Even though they may be co-br&ed with SMSJob & therefore include SMSJob’s trademarks, the contracts for products & services provided by third parties are concluded directly between you & the third party. SMSJob SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.

7. Charges

7.1 Fees.

The daily, weekly, fortnightly & monthly fees for the Subscription Service are available at SMSJob s USSD menus, Print & TV adverts & web site. The daily/weekly/ fortnightly/monthly fee shall be charged for every subscription period the contract is in effect. You shall pay SMSJob for the Services & the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you & your cellular operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the product you chose. SMSJob may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
All charges are non-refundable.
You will be billed a R5.00 (incl. VAT) subscription fee when you join any particular package and, unless you unsubscribe or are unsubscribed by us, a R5.00 (incl. VAT) subscription fee on a daily/weekly/fortnightly/monthly basis thereafter for each package for which you are a subscriber. You are solely responsible for using the Services correctly and for obtaining the correct Content or supplying the correct information for your entry/advertisement on www.smsjob.co.za. All Content downloads/subscriptions will be billed irrespective of your mistakes. You will also charge at the standard bearer rates for all SMS, WAP and USSD interactions. Error will also incur standard bearer costs. You will be charged for Services provided to you irrespective of whether or not the content actually reaches your handset/device. If your cellular handset/device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach your cellular handset/device. Although we endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of the content downloaded. A list of non-compatible handsets/devices is available on this site. It is important that you check this list before attempting to download any content.
When downloading cellular content using your cellular handset/device, all charges relating to such downloads will be levied directly against your mobile cellular services account by your service provider, including Subscription fees.
If you download cellular content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable SMSJob retail rate for such additional downloads/advertising.

7.2. Fee Changes.

All fees, including fees for existing subscription contracts, are subject to change upon notice from SMSJob. SMSJob will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription &/or your account effective immediately upon termination.

7.3 Late Payments.
Any past due unpaid amount shall bear an annual interest of the Prime Interest rate or the highest interest allowed by applicable law, whichever is lower.

8. Termination & Cancellation of Services; Right to withdraw

To unsubscribe by text message, text "STOP ALL" to 31919 or dial *120*31919# and select STOP from the main Menu (MTN & Vodacom and CellC), call 0861111106 or send an email (including your mobile phone number) to STOP@SMSJOB.co.za. The termination of your subscription will become effective as soon as possible upon receipt of termination request. Charges may still appear on your cellular phone bill the following month as cellular operators bill retrospectively at through process delays. You agree that SMSJob, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services & remove & discard any content within such services, if you remain in breach of this agreement for more than seven days from notice of such breach. SMSJob may cancel all or any of the Services (or individual services provided via the Services) if SMSJob believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, SMSJob may immediately deactivate or delete your account & all related information & files in your account &/or bar any further access to such files or the Service. Further, you agree that SMSJob shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, SMSJob will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS.

CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO STOP@SMSJOB.co.za OR VIA POSTAL MAIL TO CBT Media, ADDRESS: Box 6099, Postnet, Sandton, SOUTH AFRICA, WHICH COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS & PHONE NUMBER, & BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.

9. Miscellaneous Provisions

9.1 Notices & Announcements.
Except as expressly provided otherwise herein, all notices to SMSJob shall be in writing & delivered to the following address: CBT Media, Box 6099 Postnet, Sandton, SMSJob shall serve notices related to this contract by posting them on SMSJob web site or by sending them to the postal address or e-mail address you have given to SMSJob or as a text message to your cellular phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on SMSJob Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.9.2 Changes of TERMS.
YOU ACKNOWLEDGE & AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY SMSJOB AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

9.3 Other terms, entire agreement.
These TERMS are in addition to any SMSJOB or third party terms & conditions applicable to products & services, which may be posted in connection with such products & services ("Specific Terms"). In case of any discrepancy between the TERMS & such Specific Terms, the latter shall prevail. These TERMS & any other terms or documents referred to herein represent your entire agreement with SMSJob with respect to your use of the Service. You understand & agree that, except as expressly set forth herein, this Agreement is not intended to confer & does not confer any rights or remedies upon any person other than the parties to this Agreement.

9.4 Severability.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, & the remaining portions shall remain in full force & effect.

9.5 Waiver.
SMSJob's failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, & will have no effect on the interpretation or legal enforceability of the terms herein.

9.6 Headings.
The section headings appearing in this Agreement are inserted only as a matter of convenience & in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

9.7 Survival.
In the event this Agreement terminates as provided herein, Sections 2.3, 2.8, 4, 5, 6 & 9 of these TERMS shall survive such expiration or termination.

9.8 Governing Law & Jurisdiction.
SMSJob offers the Service in Johannesburg, South Africa. By accessing this website, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in South Africa in accordance with South African law. This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa. If you access this website from outside of the South Africa, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts & legal tribunals located in Johannesburg South Africa.

10. Competitions

10.1. All entries must be made in the English language.
10.2. Anyone working for SMSJob and any family members or associates are prohibited from entering any competitions and also any company or any professional and/or commercial entry are similarly prohibited from entering.
10.3. Competitions are open to South Africa resident only.
10.4. The editors and/or judges decision will be final. We will not enter into correspondence.
10.5. No cash alternative is available to any prize unless expressly stated otherwise.
10.6. The closing date for any competition is as stated on the entry form. The judges cannot accept responsibility for late entries.
10.7. All entrants' information is private and will be used only in accordance with our Privacy Policy (see below).
10.8. Multiple winners may be subject to tie-break to decide an outright winner.
10.9. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
10.10. Winners under 21 years old require permission from a parent/guardian to take the prize and any winner may be required to submit proof of age or prove ownership on authorised use of phone. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-drawn/next highest score etc.
10.11. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party.
10.12. Entrants expressly declare that they do understand these Terms and Conditions and are duly authorized to participate in the competition.
10.13. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and there are no refunds for abortive games.
10.14. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed text messages or postal entries nor for any network errors for which there may be delays during peak time. Proof of sending is not proof of receipt. Technical or ineligible errors will void entries.
10.15. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, displayed to the public by us or any company connected with the promotion. This will be in the form of the winner's name and city of origin.
10.16. Entrants agree that we are the owner of the entire copyright, whether now existing or howsoever, arising in the future, including all the rights throughout the universe to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed ('Exploitation Rights') to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
10.17. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein. 11. Force Majeure
We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or the mobile cellular or fixed telecommunications networks or connection thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control. Copyright on www.SMSJOB.co.za (including but not limited to text, photographs, graphics & software) is owned by or licensed to CBT Media. All rights are hereby reserved by CBT Media. Users may access content on www.SMSJob.co.za solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of www.SMSjob.co.za without the prior written consent of CBT Media.

12. Disclaimer

12.1. Content
The author reserves the right to waive responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are non-binding & without obligation. Parts of the pages or the complete publication including all offers & information might be extended, changed or partly or completely deleted by the author without separate announcement.

12.2. Referrals & links
The author is not responsible for any content linked or referred to from his pages - unless he has full knowledge of illegal contents & would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailing lists provided on his page.

12.3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

12.4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use & payment of all offered services are permitted - if & so far technically possible & reasonable - without specification of any personal data or under specification of anonymous data or an alias. The use of published postal addresses, telephone or fax numbers & email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be penalized.

12.5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.