top

Terms & Conditions

Bidwoq
Terms & Conditions

INTRODUCTION

  1. This BidWoq Platform can be accessed at www.bidwoq.com (the “BidWoq Platform”) and is owned and operated by BidWoq (Pty) Ltd (Registration Nr. 2020/459310/07) (“BidWoq”, ”the platform”, “we”, “us” and “our”).
  2. These Terms and Conditions regulate and/or govern, alternatively are applicable to any and all persons, whether natural or juristic, that access/es, makes use of or registers on the BidWoq Platform whatsoever.
  3. Without derogating from the generality of the aforegoing, these Terms and Conditions govern the contractual relationship between the Parties and Users concerning the posting of and applying for Jobs on the BidWoq Platform, including, without limitation, accessing of, and registering on, the BidWoq Platform and payment of Completed Jobs.
  4. By using the BidWoq Platform (as a Service Provider, Client or for common browsing purposes) and/or by registering on the BidWoq Platform as a Service Provider or a Client, whichever may be applicable, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.

INTERPRETATION AND DEFINITIONS

  1. Unless the context provides otherwise, words importing
    1. Any reference to one gender includes the other gender.
    2. Any reference to the singular includes the plural and any reference to the plural includes the singular.
  2. ”Appointed”, ”Appoint” or ”Appointment” means a Service Provider has been notified by means of and/or through and/or via the BidWoq Platform that a Client wishes to offer the Service Provider a Job;
  3. ”Aggregate Remuneration” means the total aggregate amount of remuneration that a Service Provider is entitled to receive from a Client and as advertised on the platform for a Job as agreed, irrespective of whether the Client remunerates the Service Provider per hour, per day, per week or otherwise;
  4. ”Completed Job” means a Once-Time or Milestone Job/s that has been completed by a Service Provider;
  5. ”Commission/s” means the 10% (tn percent) of the Offered Remuneration of a particular Once-Off Job that the Client is liable to affect payment of to BidWoq;
  6. ”CPA” means Consumer Protection Act, 68 of 2008;
  7. ”Service Providers” means those job seekers who are Registered Users and who wish to apply for a Job and/or who has applied for a Job;
  8. ”Job” means any job made available and advertised by a Client for which a Service Provider can apply through the BidWoq Platform and includes Once-Off, Part-Time and Permanent Jobs where the context so provides;
  9. ”BidWoq” means BidWoq (Pty) Ltd (Registration Nr. 2020/459310/07);
  10. ”Job Post” means a listing on the BidWoq Platform that advertises a Job;
  11. ”Clients” means those potential employers who are Registered Users and who has made a Job Post;
  12. ”Listed Remuneration” means the amount of remuneration displayed on the Job Post which is the Offered Remuneration less any applicable commission/s due to BidWoq;
  13. ”Offered Remuneration” means the total amount of remuneration offered by the Client for a Job, from which any commission due to BidWoq will be deducted and the balance shall be paid to the Service Provider completing the Job;
  14. ”Once-Time Jobs” means those Jobs that are remunerated once-off, and which take less than 30 (thirty) days to complete;
  15. ”Milestone Jobs” means those Jobs that are not Once-Time, for which the Service Provider will work in milestones, or otherwise as directed, indicated or as required by the relevant Client and for which the Service Provider will be remunerated per hour, per day, per week or per month or otherwise;
  16. ”Performing a Job” means the rendering of services of a Service Provider to a Client in terms of a Job, subsequent to the Service Provider being offered a Job by a Client and accepting the terms of the Job so offered;
  17. ”Personal Information” means personal information as defined in POPI;
  18. ”POPI” means the Protection of Personal Information Act, Nr. 4 of 2013;
  19. ”Privacy Policy” means the privacy policy as set out in Section D of these Terms and Conditions;
  20. ”Registered Users” means those Users who have completed Registration on the BidWoq Platform and includes any Service Providers or Clients who have registered on the BidWoq Platform;
  21. ”Terms and Conditions” means the Terms and Conditions contained in this document and includes references to “the agreement”;
  22. ”Users” means Clients and Service Providers, respectively as the context may indicate and any other user of the BidWoq Platform;
  23. ”BidWoq Platform” means the BidWoq Platform available at www.bidwoq.com
  24. ”BidWoq Platform Content” means the contents of the BidWoq Platform, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this BidWoq Platform;
  25. ”You” or ”Your” means any person, juristic or natural, accessing, browsing and/or making use of the BidWoq Platform whatsoever and includes Users;
  26. ”Your Profile” means the profile created on the BidWoq Platform when registering on the BidWoq Platform and includes the profiles of Service Providers and Clients respectively as the context may indicate;

NATURE OF SERVICE AND TRANSACTION

  1. The purpose of the BidWoq Platform is to:
    1. connect Service Providers, being job seekers, with Clients, who seek employees.
    2. automate the remuneration process for Clients and service providers.
  2. Services
    1. The provision of the BidWoq Platform and facilitation of the communications platform between Clients and Service Providers are services as defined in section 1 of the CPA and the use of the BidWoq Platform is, therefore, subject to the provisions of the CPA.
    2. The Jobs advertised on the BidWoq Platform are jobs offered by the Clients which Service Providers can apply for on the BidWoq Platform. These Clients are unrelated parties to BidWoq and constitute the employer in terms of any employment relationship between a Service Provider and a Client.
    3. It is specifically recorded that neither the BidWoq Platform nor BidWoq acts as a temporary employment service provider, nor an employer for any purposes related to a Job Post whatsoever.

ACCEPTANCE AND APPLICATION OF TERMS AND CONDITIONS

  1. These Terms and Conditions apply to Users who are Consumers in respect of the services provided on the BidWoq Platform for purposes of the CPA.
  2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    1. may limit the risk or liability of BidWoq; and/or
    2. may create risk or liability for the User; and/or
    3. may create liability for the User to indemnify BidWoq; and/or
    4. serves as an acknowledgement by the User of a fact.
  3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask BidWoq to explain it to you before you accept the Terms and Conditions or continue using the BidWoq Platform.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or BidWoq in terms of the CPA.
  6. This agreement is binding and enforceable on all persons with access to the BidWoq Platform or any part thereof.
  7. As stated hereinabove by using the BidWoq Platform (as a Service Provider, Client or for common browsing purposes) and/or by registering on the BidWoq Platform as a Service Provider or a Client, whichever may be applicable, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions.
  8. If you do not agree to or accept these Terms And Conditions, you are obliged to exit and/or leave the BidWoq Platform immediately, alternatively and should you continue on the BidWoq Platform and/or make use of the BidWoq Platform for any purposes whatsoever, you confirm, acknowledge and agree to be bound by these Terms and Conditions.

REGISTERING

  1. When you choose to register on the BidWoq Platform, you will be required to provide BidWoq with any and all required information before Your Profile will be activated on the BidWoq Platform..

BIDDING AND POSTING JOBS

  1. Only Registered Users may apply and post Jobs on the BidWoq platform

PAYMENT

  1. Once Time Jobs
    1. Before a Job can start, clients will have to fund the One Time job on the Bidwoq Platform.
    2. All payments are facilitated via the BidWoq platform.
    3. Payments facilitated via the BidWoq platform will only be paid to the Service Provider after completing a Job and the client has released the payment. Such payment will be made within 7 (seven) business days of BidWoq receiving the request from the Client.
    4. No further payment option will be available after the One Time payment has been made via the BidWoq platform.
    5. You will only End a job when all the payments have been released.
  2. Milestone Jobs
    1. Before a Job can start, clients will have to fund the first milestone of The Milestone job on the Bidwoq Platform.
    2. All payments are facilitated via the BidWoq platform.
    3. Payments facilitated via the BidWoq platform will only be paid to the Service Provider after completing a Job and the client has released the payment. Such payment will be made within 7 (seven) business days of BidWoq receiving the request from the Client.
    4. Further payment options will be available to fund new milestone payments on the BidWdoq platform.
    5. You will only End a job when all the payments have been released.

INJURIES WHILST ON A JOB

  1. BidWoq will not be liable for any injuries sustained while completing a Job. Any and all liability pertaining to the work environment shall be borne by and/or lie with the Client and/or employer.

NO LONGER ABLE TO ATTEND A JOB

  1. If an accepted Bidder is no longer able to attend a Job, the Bidder is required to notify BidWoq and the Client as soon as reasonably possible, irrespective of which job-category the Job falls in.
  2. BidWoq will not be liable to any relevant user in any respect and for any losses, damages or expenses of any nature whatsoever resultant from or consequent to any Job/s being cancelled by Bidder.

CLIENT CANCELS JOB

  1. If a Client cancels a Job for which a bidder has been appointed, the Client is required to notify BidWoq (with proof that the relevant job has not commenced) and the Client as soon as reasonably possible, irrespective of which job-category the Job falls in.
  2. BidWoq will not be liable to any relevant user in any respect and for any losses, damages or expenses of any nature whatsoever resultant from or consequent to any Job/s being cancelled by Client.
  3. In amplification of clause 10.2. above, it is specifically recorded that BidWoq makes no representations and gives no warranties, whether express or implied, as to the existence of any employment- or any independent contractor agreement or relationship between a Service Provider and Client, should the Client appoint any Service Provider (as defined in clause 2.2. above or otherwise) via the BidWoq Platform. Any cause of action, claim or dispute in respect of any employment agreement, relationship or the existence of any such relationship shall solely be between the relevant Service Provider and Client.

PAYMENT FOR JOBS AND BIDWOQ FEES

  1. Clients irrevocably agree and confirm to affect payment unto BidWoq and/or Service Providers (as the context may indicate) for One-Time and Milestone Jobs as more fully set out hereunder.
  2. Payment for Once-Time Jobs
    1. Clients are liable to affect payment to BidWoq in the amount of 10% (ten percent) of the Offered Remuneration of each and every Completed Job.
    2. The Client agrees that any amount reflected in a Tax Invoice and received from BidWoq in respect of Commission/s and/or Offered Remuneration shall be due and payable unconditionally and within 2 (two) calendar days of the Client being furnished with said Tax Invoice.

EQUIPMENT

  1. Clients are solely not responsible for providing the necessary equipment for Service Providers to perform a Job (“Equipment”).
  2. Service Providers are solely responsible for ensuring that the Equipment used during the performance of a Job is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability.
  3. Except as otherwise required by law, Clients do not assume all risk of damage or loss of any nature whatsoever to Equipment in respect of a Job being completed.
  4. The Client further does not assume any and all risk and liability resultant from a Service Provider’s conduct relating to and/or the use of any Equipment whilst completing a Job.

RIGHT TO REMOVE A BIDWOQ USER

  1. BidWoq reserves the right to remove and/or block a user from the BidWoq plartform should BidWoq within its reasonable discretion, deem such removal to be necessary.
  2. Without limiting the generality of the foregoing clause 11.1. BidWoq shall be entitled to remove any user who breach/es these Terms and Conditions and/or should complaints be received from Clients about the relevant user.
  3. Should BidWoq, in its sole discretion, decide to remove and/or block the Service Provider from the BidWoq Platform, BidWoq will not be liable whatsoever to the Service Provider for any refund of any amounts, commission/s and/or profile hosting fees paid by the Service Provider to BidWoq or for any damages or loss suffered by the Service Provider in this regard.

REVIEWS

  1. Clients will have the opportunity to review a Service Provider after the completion of a Job (hereinafter “Reviews”).
  2. BidWoq may in its sole and absolute discretion elect to review any and all Reviews of a Service Provider and shall thereafter elect to publish or place any such reviews on the BidWoq platform.
  3. Users may request that BidWoq remove a review and provide reasons for such request, which request BidWoq will assess in its sole discretion. BidWoq will not be required to remove any review based on a request by a user.

COMPLAINTS WHILE PERFORMING A JOB

  1. BidWoq does not take responsibility for and is not liable for any conduct, actions or omissions to act of the Clients or representatives of the Clients whilst a Service Provider is performing a Job, irrespective of which job-category the Job falls in.
  2. Users are encouraged to approach any relevant legal tribunal, forum or any competent court with jurisdiction in respect of any dispute/s or cause/s of action arising from any improper conduct or actions of a Clients or its representatives whilst a Service Provider is performing a Job, irrespective of which job-category the Job falls in..

DISCLAIMER

  1. The use of the BidWoq plartform is entirely at the User’s and your own risk and the User and you assume full responsibility for any risk or loss resulting from use of the BidWoq Platform or reliance on any information on the BidWoq Platform.
  2. Whilst BidWoq takes reasonable steps to ensure that the content of the BidWoq Platform is accurate and complete, BidWoq makes no representations and gives no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the BidWoq Platform or as to the accuracy, completeness or reliability of any information on the BidWoq Platform.
  3. BidWoq further makes no representations and gives no warranties, whether express or implied regarding and/or relating to the quality, timeliness, operation, integrity, availability or functionality of the Jobs advertised on the BidWoq platform.
  4. It is specifically recorded that the BidWoq platform is provided on an “as-is” basis, without any warranties or guarantees of any nature, whether implied or express, regarding the accuracy of information relating to products, services or Jobs advertised on the BidWoq platform. This BidWoq platform is not compiled or provided to meet your individual needs.
  5. It is the User and/or your sole responsibility to satisfy the User and/or yourself, before the User and/or you accept these Terms and Conditions, and that the service/s available from and through this BidWoq Platform will meet the User and/or your individual needs and be compatible with the User and/or your hardware and/or software.
  6. Any views or statements made or expressed on the BidWoq platform are not necessarily the views of BidWoq, its directors, employees and/or agents or from a duly authorized representative of BidWoq.
  7. In addition to the disclaimers contained elsewhere in these Terms and Conditions, BidWoq also gives no warranty or representation, whether express or implied, that the information or files available on the BidWoq platform are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
  8. The User and/or you accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of BidWoq, its employees, agents or authorised representatives.
  9. BidWoq disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with any User’s and/or your access to or use of the BidWoq Platform, unless provided for in law.

LIMITATION OF LIABILITY AND INDEMNITY

  1. NEITHER BIDWOQ NOR ANY OF ITS REPRESENTATIVES, MEMBERS, EMPLOYEES, OFFICERS, AGENTS, CONSULTANTS, SERVICE PROVIDERS OR SUB-CONTRACTORS (HEREINAFTER “THE INDEMNIFIED PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF WHATSOEVER NATURE SUFFERED BY YOU OR ANY THIRD PARTY, UNLESS OTHERWISE PROVIDED BY LAW, THAT IS A CONSEQUENCE OF:
    1. YOUR ACCESS TO OR USE OF THIS BIDWOQ PLATFORM;
    2. YOUR POSTING, APPLYING OR APPOINTMENT FOR A JOB LISTED ON THE BIDWOQ PLATFORM;
    3. THE UNAVAILABILITY OF ANY OF THE SERVICES OR JOBS PROVIDED ON THE BIDWOQ PLATFORM;
    4. ANY USER’S INABILITY TO GAIN ACCESS TO OR USE THIS BIDWOQ PLATFORM OR ANY OF THE SERVICES OR JOBS PROVIDED ON THE BIDWOQ PLATFORM;
    5. THE USE OF HYPERLINKS ON THE BIDWOQ PLATFORM OR THE USE OF ANY BIDWOQ PLATFORM FROM WHERE YOU HYPERLINK TO OR FROM THE BIDWOQ PLATFORM;
    6. THE VIOLATION OF ANY OF THESE TERMS AND CONDITIONS OR ANY OTHER LAW, REGULATION OR RULE BY YOU, A SERVICE PROVIDER OR CLIENT, AS THE CASE MAY BE;
    7. THE PRESENTATION OR TRANSFER OF INFORMATION OR CONTENT ON OR THROUGH THE BIDWOQ PLATFORM BY YOU;
    8. THE INFORMATION OR CONTENT PROVIDED BY YOU WHICH IS A VIOLATION OF ANY LAW OR THIRD PARTY’S RIGHTS (WHICH INCLUDES, BUT IS NOT LIMITED TO, DEFAMATION, VIOLATION OF PRIVACY, BREACH OF TRUST OR INFRINGEMENT OF COPYRIGHT OR ANY OTHER INTELLECTUAL PROPERTY); OR,
    9. YOUR ENGAGEMENT IN AND/OR INJURY SUSTAINED IN THE COURSE OF COMPLETING A JOB ADVERTISED ON THE BIDWOQ PLATFORM.
  2. You hereby indemnify the Indemnified Parties of any loss, damage, liability, claims, and cost of whatsoever nature suffered by you and/or third parties which was caused by or related to 24.1.1 to 24.1.9 above.
  3. BidWoq will not be liable for any inaccurate information published on the BidWoq Platform, save where such liability arises from the gross negligence or wilful misconduct of BidWoq, its employees, agents or authorised representatives, and :-.
    1. Should you note any errors and/or possible malfunctions on the BidWoq Platform you are obliged to report such errors and/or malfunctions to BidWoq by way of email to info@bidwoq.com; and
    2. You shall afford BidWoq 7 (seven) business days written notice to remedy any such errors and/or possible malfunctions.
  4. If, notwithstanding the provisions of these Terms and Conditions, BidWoq is found to be liable to a User for any amount, howsoever arising, then:-
    1. In no event shall BidWoq’s aggregate liability exceed the amounts paid by the User to BidWoq in the 6 (six) month period immediately preceding the date of the first event or instance from which such liability arose;
    2. No action and/or legal proceedings shall be instituted prior to you affording BidWoq with 7 (seven) business days written notice to remedy any alleged cause of action.

REGISTRATION AND USE OF THE BIDWOQ PLATFORM

  1. Only Registered Users may post or apply for Jobs on the BidWoq Platform.
  2. You will need to use your unique username and password to access the BidWoq Platform in order to post or apply for Jobs.
  3. You agree and warrant that your username and password shall:
    1. be used for personal use only; and
    2. not be disclosed by you to any third party.
  4. For security purposes you agree to enter the correct username and password whenever attempting to post or apply for a Job, failing which you will be denied access.
  5. You agree to notify BidWoq immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take necessary steps to mitigate any resultant loss or harm.
  6. By using the BidWoq Platform, you warrant that you are 15 (fifteen) years of age or older. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the BidWoq Platform only with the lawful express written consent, involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and provides the necessary legally prescribed consent, then you may be bound to these Terms and Conditions and may be held liable and responsible for your and all your obligations under these Terms and Conditions.
  7. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the BidWoq Platform. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the BidWoq Platform or the information contained herein, without the prior written consent from an authorised representative of BidWoq (such consent is deemed given for standard search engine technology employed by Internet search BidWoq Platforms to direct Internet users to this BidWoq Platform).

USERNAME AND PASSWORD

  1. You hereby undertake to safely store all passwords required for access to, or use of, this BidWoq Platform and/or Your Profile.
  2. You will be legally bound to any actions on the BidWoq Platform made under Your Profile, irrespective of whether this was made by you.
  3. You hereby indemnify BidWoq of any damage, loss or liability of whatsoever nature caused by the unauthorised access to this BidWoq Platform and/or Your Profile.

CORRECTNESS OF INFORMATION

  1. Any User hereby undertakes to ensure that all information provided to BidWoq is correct and updated throughout.
  2. BidWoq will not be liable for any damage, loss or liability of whatsoever nature caused by any misrepresentation made by any User in this regard.
  3. Should any User fail to keep his/her information updated and correct throughout, BidWoq reserves the right to suspend or remove the User’s Profile from the BidWoq Platform.

EMPLOYMENT AND TAX

  1. It is specifically recorded that BidWoq is not an employment service and is not an employer in respect of any Job or towards any Service Provider.
  2. Service Providers are in no way affiliated with BidWoq and is not an employee, representative or agent of BidWoq in any way.
  3. BidWoq shall in no manner or form be regarded as a temporary employment service.
  4. BidWoq will not be liable for any tax or deductions required to be made from payments made to Service Providers (whether by BidWoq or the Client) including, but not limited to, unemployment insurance, payroll or employer’s liability.
  5. Should BidWoq be found to be liable for any tax or deductions in respect of Jobs, the Client will reimburse and pay BidWoq an equivalent amount to such tax or deductions, including any interest or penalties thereon.

USER UNDERTAKINGS

  1. No User may contact or engage with another User directly in respect of a Job posted on the BidWoq Platform, other than through the BidWoq Platform or BidWoq.
  2. Failure to adhere to this provision may result in Your Profile being removed from the BidWoq Platform.

INTELLECTUAL PROPERTY, OWNERSHIP AND COPYRIGHT

  1. The BidWoq Platform Content is protected by law, including but not limited to copyright and trademark law. The BidWoq Platform Content is the property of BidWoq, its advertisers and/or sponsors and/or is licensed to BidWoq.
  2. You will not acquire any right, title or interest in or to the BidWoq Platform or the BidWoq Platform Content by using or registering on the BidWoq Platform.
  3. Where any of the BidWoq Platform Content has been licensed to BidWoq or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
  4. This BidWoq Platform contains content which is owned by or licensed to BidWoq. This content includes, but is not limited to, the design, layout, appearance, and graphics, and may be subject to copyright and/or other design or intellectual property rights. You and any User may not copy, duplicate or use such information unless agreed with BidWoq and/or the right-holder or, in so far as such use happens when using the BidWoq Platform.
  5. You may not in any way display, publish, copy, print, post or otherwise use any information and/or content from the BidWoq Platform and/or the information contained therein without the express prior written consent of an authorised representative of BidWoq.
  6. You and any User may not amend, copy, use, reverse engineer or disassemble the source code of the BidWoq Platform.

CHANGES TO THESE TERMS AND CONDITIONS

  1. BidWoq may, in its sole discretion, change any of these Terms and Conditions at any time. It is the User’s responsibility to regularly check these Terms and Conditions and make sure that the User acquaints himself/herself and is satisfied with any and all changes thereto. Should any User not be satisfied, alternatively not agree to the Terms and Conditions, the User shall by his/her use either expressly or tacitly confirm and agree to the Terms and Conditions and to be bound thereby.
  2. Any changes as provided for in 41.1. above will only apply to any User’s use of this BidWoq Platform after the change is displayed on the BidWoq Platform. If a User makes use of the BidWoq Platform after such amended Terms and Conditions have been displayed on the BidWoq Platform, you will be deemed to have accepted such changes.
  3. The last update to these Terms and Conditions was made 27 October 2020.

GOVERNING LAW AND JURISDICTION

  1. These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
  2. Any User’s continued use of the BidWoq Platform will constitute such User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
  3. Nothing in this clause 42 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

LEGAL COSTS

  1. BidWoq will not be liable for any cost incurred by any User for professional advice regarding these Terms and Conditions.
  2. Should BidWoq instruct its attorneys to collect any overdue amounts, or to take any action against any User in the implementation, protection and/or enforcement of BidWoq’s rights under these Terms and Conditions or otherwise, BidWoq shall be entitled to the recovery of any and all legal or collection costs arising therefrom, on the scale as attorney and own client, including the costs of counsel (if applicable).

BIDWOQ INFORMATION

  1. For the purposes of the Electronic Communications and Transactions Act, Nr. 25 of 2002, BidWoq’s information is as follows, which should be read in conjunction with its service descriptions and other terms and conditions contained on the BidWoq Platform:
    1. Full name: BidWoq (Pty) Ltd, a private company registered in South Africa with registration number 2020/459310/07
    2. Main business: Online platform
    3. Physical address for receipt of legal service (also postal and street address): 3/3914 Umgwali Street, Birch Acres, 1618
    4. Office bearers: Mbavhalelo Dzimbahe
    5. Phone number: 011 083 7030
    6. Official email address: info@bidwoq.com

GENERAL

  1. BidWoq reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems appropriate, including but not limited to cancelling Your Profile, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your Profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy and/or any applicable law or court order.
  2. Any electronic signature lawfully recognized in terms of the provisions of the Electronic Communications and Transactions Act, 25 of 2002, shall be recognized, sufficient and accepted as a “signature” for the purposes of this agreement.
  3. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  4. Any failure on the part of you or BidWoq to enforce any right in terms hereof shall not constitute a waiver, nor a novation of that right.
  5. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  6. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless it is reduced to writing and accepted by or on behalf of the parties hereto.
  7. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  8. These Terms and Conditions contain the whole agreement between you and/or any User of the BidWoq Platform and BidWoq and no other warranty or undertaking is valid unless contained in this document between the parties.
  9. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck, severed from and not affect the validity of and enforceability of the remaining provisions, which shall remain in full force and effect unless found otherwise by a competent court order.