Terms and Conditions
TASKIE is a service provided by HERLIST (PTY) ltd, Ravenswood, Boksburg, 1459, Gauteng – South-Africa. These terms of service (“Terms and Conditions”) govern your access and use of all TASKIE services so please read them carefully before using the services.
By using the services you agree to be bound by these Terms and Conditions in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms and Conditions. You may use the Services only if you have the power to form a contract with HERLIST (PTY) ltd and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify HERLIST (PTY) ltd of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not HERLIST (PTY) ltd, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not HERLIST (PTY) ltd, are responsible for maintaining and protecting your account.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TASKIE (PTY) ltd will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some jurisdictions in the Republic of South Africa do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERLIST (PTY) ltd, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF R400.00 OR THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the Republic of South Africa do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms and Conditions, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms and Conditions, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to HERLIST (PTY) ltd relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.
THESE TERMS AND CONDITIONS AND THE USE OF THE SERVICES WILL BE GOVERNED BY THE REPUBLIC OF SOUTH-AFRICA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF THE REPUBLIC OF SOUTH-AFRICA, US AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and HERLIST (PTY) ltd with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. HERLIST (PTY) ltd failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms and Conditions, and any such attempt is void, but HERLIST (PTY) ltd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. HERLIST (PTY) ltd and you are not legal partners or agents; instead, our relationship is that of independent contractors.
All charges payable by you for the HERLIST (PTY) ltd shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the TASKIE Services. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the TASKIE Services. HERLIST (PTY) ltd will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and in the case of subscription payments, your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise HERLIST (PTY) ltd to debit your account renewal fees from your card. If you wish to cancel your contract with HERLIST (PTY) ltd, you must do so in writing before the renewal of your contract.
All fees paid to us are non-refundable except in circumstances set out in these Terms and Conditions.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms and Conditions.
After accepting the quote – as requested – and paying the required deposit and the customer simply changes his/her mind, Taskie has no legal obligation to refund the deposit. Taskie may take the request under review in good faith. However, if a part or portion of the deposit, paid by the customer, have already been paid to sub-contractors for the services required, this portion will be forfeited. Taskie also reserves the right to deduct any other expenses, such as travelling costs, material costs, and admin fee, from the deposit.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The technology we use to provide the Services are protected by copyright, trademark, and other laws of both the Republic of South-Africa and foreign countries. These Terms do not grant you any rights to use the HERLIST (PTY) ltd trademarks, logos, domain names, or other brand features.
You agree not to misuse the TASKIE services. For example, you must not, and must not attempt to, use the services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, TASKIE.co.za (or our service providers’) computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.
In accordance with the Digital Millennium Copyright Act of 1998, HERLIST (PTY) ltd will respond expeditiously to claims of copyright infringement committed using the TASKI service and/or the TASKI website (the “Site”) if such claims are reported to HERLIST (PTY) ltd in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement ("Notice")
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
32 Royal Ascot, 50 Lovemore road, Ravenswood, Boksburg, Gauteng, 1459, South Africa.
1. What is this document and why should you read it?
This privacy notice explains how and why TASKIE(PTY) ltd (also referred to as “TASKIE”, “we”, “our” and “us”) uses personal data about individual users of our website www.taskiesa.co.za (the “Website”) and those that access our services through APIs and through third-parties, including website users, buyers and/or professionals (whether prospective, current or past) (together, “you”).
You should read this notice so that you know what we are doing with your personal data.
2. Our data protection responsibilities
“Personal data” is any information that relates to an identifiable natural person. Your name, address and contact details are examples of your personal data, if they identify you.
The term “process” means any activity relating to personal data, including collection, storage, use and transmission.
Whether you are a buyer, a professional or just a website user (or a combination of those) Bark.com is a “controller” of your personal data. This means that we make decisions about how and why we process your personal data and are responsible for making sure it is used in accordance with data protection laws.
3. What types of personal data do we collect and where do we get it from?
If you are reviewing this then you will fall into at least one of the following categories of individuals about whom we process personal data:
(a) prospective, current or past customers of TASKI who register an account and/or place a buyer request (known as a “TASKI”) (“Buyers”);
(b) current or past individuals or businesses that register as a Professional on TASKI to provide a service to Buyers, or businesses who we identify as being of interest to our Buyers and who we may then contact with potential business opportunities relating to our Buyers (“Professionals”); and/or
(c) individuals that access our Website (“Website Users”).
Accordingly, we will collect and process different types of personal data about you depending on which of these categories are relevant to you. The different types of personal data that we collect and the sources we collect it from are summarised below.
4. Personal Data Categories
Depending on how you use our Website and services, we will collect different types of personal data about you. For example, this might include things like your name, contact details, details about your business, our correspondence with you, records of your transactions with us, and how you use our services. We need these details to provide our services to you.
We obtain this personal data from a number of different sources. For example, this could be from you, our Website, your business website as well as third party sources such as social media.
5. How we use personal data and why?
We process your personal data for particular purposes, which are relevant to your relationship and engagement with us. We are required by law to always have a “lawful basis” for processing your personal data.
We use the personal data we collect for a number of different reasons, including to provide our services to you or with you, to communicate with you, to verify your identity, to make sure our website and services are functioning properly and provide the best services for you, to keep accurate records and for legal reasons.
We rely on a number of different lawful grounds or ‘bases’ in order to process your personal data. These include that we have your consent to the processing, we need to process your personal data to enter into or perform a contract with you, we need to process your personal data to comply with our legal obligations, and/or the processing is necessary for our legitimate interests (or the legitimate interests of a third party).
It is important that you are aware that where we have indicated that our processing of your personal data is either (i) necessary for us to comply with a legal obligation; or (ii) necessary for us to take steps, at your request, to potentially enter into a contract with you, or to perform it, and you choose not to provide the relevant personal data to us, we may not be able to enter into or continue our contract with you or the provision of our services.
We may also convert your personal data into statistical or aggregated form to better protect your privacy, or so that you are not identified or identifiable from it. Anonymised data cannot be linked back to you. We may use it to conduct research and analysis, including to produce statistical research and reports. For example, to help us understand and improve the use of our Website.
6. Who do we share your personal data with and why?
We may use certain trusted third party companies and individuals to help us provide, analyse, and improve our services (including but not limited to Buyer/Professional verification, data storage, maintenance services, database management, web analytics, payment processing, and improvement of our services). These third parties will process your personal data on our behalf (as our processor). We will disclose your personal data to these parties so that they can perform those functions necessary functions.
We may also share your information with third parties, who then use your personal data for their own purposes. For example, to process payments from you or where you choose to access our services through such an application. These organisations will also use your personal data for their own, separate purposes (also as a “controller”) – they will have their own privacy notices which you should read, and they have their own responsibilities to comply with applicable data protection laws.
In certain circumstances, where necessary, we will also disclose your personal data to:
(a) consultants and professional advisors including legal advisors, auditors and accountants;
(b) business partners and joint ventures;
(c) a prospective seller or buyer of our business and their advisors;
(e) courts, court-appointed persons/entities, receivers and liquidators;
(f) third parties where necessary to comply with a legal obligation, to enforce a contract or to protect the rights, property or safety of our employees, customers or others; and
(g) to governmental departments, local government, statutory and regulatory bodies including (in the RSA) the Information Commissioner’s Office, the police and SARS.
7. Where is your personal data transferred to?
When we share personal data about you, as set out above, this may include a transfer of your personal data to recipients outside the RSA. If any disclosures of personal data mean that your personal data will be transferred outside the South African Econimic Area, we will only make that transfer in accordance with our obligations under applicable data protection laws.
8. How long do we keep your personal data for?
We will only retain your personal data for a limited period of time and for no longer than is necessary for the purposes for which we are processing it for (including as necessary to comply with our legal or regulatory obligations, resolve disputes, and enforce our agreements).
9. What are your rights in relation to your personal data and how can you exercise them?
You have certain legal rights in relation to any personal data about you which we hold. If you have any concerns or queries about this notice or how we process your personal data please contact us using the details below. Each of these are subject to certain conditions.
More details on your rights can be found below:
Table D – Individual Rights
Your right What does it mean? Limitations and conditions of your right
Right of access Subject to certain conditions, you are entitled to have access to your personal data (this is more commonly known as submitting a “data subject access request”). If possible, you should specify the type of information you would like to see to ensure that our disclosure is meeting your expectations. We must be able to verify your identity. Your request may not impact the rights and freedoms of other people, eg privacy and confidentiality rights of other staff, Buyers or Professionals.
Right to data portability Subject to certain conditions, you are entitled to receive the personal data which you have provided to us and which is processed by us by automated means, in a structured, commonly-used machine readable format. If you exercise this right, you should specify the type of information you would like to receive (and where we should send it) where possible to ensure that our disclosure is meeting your expectations. This right only applies if the processing is based on your consent or on our contract with you and when the processing is carried out by automated means. It covers only the personal data that has been provided to us by you.
Rights in relation to inaccurate personal or incomplete data You may challenge the accuracy or completeness of your personal data and have it corrected or completed, as applicable. You have a responsibility to help us to keep your personal information accurate and up to date. We encourage you to notify us of any changes regarding your personal data as soon as they occur, including changes to your contact details. Please always check first whether there are any available self-help tools within your profile on our website to correct the personal data we process about you. This right only applies to your own personal data. When exercising this right, please be as specific as possible.
Right to object to or restrict our data processing Subject to certain conditions, you have the right to object to or ask us to restrict the processing of your personal data. This right applies where our processing of your personal data is necessary for our legitimate interests. You can also object to our processing of your personal data for direct marketing purposes.
Right to erasure Subject to certain conditions, you are entitled to have your personal data erased (also known as the “right to be forgotten”), e.g. where your personal data is no longer needed for the purposes it was collected for, or where the relevant processing is unlawful. We may not be in a position to erase your personal data, if for example, we need it to (i) comply with a legal obligation, or (ii) exercise or defend legal claims.
Right to withdrawal of consent As stated above, where our processing of your personal data is based on your consent you have the right to withdraw your consent at any time. If you withdraw your consent, this will only take effect for future processing.
We may update this notice from time to time to reflect changes to the type of personal data that we process and/or the way in which it is processed. We also encourage you to check this notice on a regular basis.
If you want more information about any of the subjects covered in this privacy notice or if you would like to discuss any issues or concerns with us, you can contact us at firstname.lastname@example.org