Terms of Use

1. Who we are

These terms are an agreement between you and Webster Malatji Foundation NPC, a non-profit company registered in South Africa. The following details are given in accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002.

In these terms, "we", "us" and "the Foundation" mean Webster Malatji Foundation NPC. "You" means the person using the website or the app. "The service" means this website and the WMF Career Mentor app together.

2. Accepting these terms

By creating an account or using the service you agree to these terms. If you are using the service on behalf of an organisation, you confirm that you may bind that organisation.

These terms, together with our privacy notice and the mentor code of conduct where it applies to you, are the whole agreement between us about the service.

3. Who may use the service

If we find that an account belongs to a person under 18, we will close it and delete the information in it, as our privacy notice explains.

4. What the service is

The Foundation runs one programme: career development and mentorship. The service puts that programme into software. It gives you a place to set a career goal, break it into milestones, map your skills against where you want to be, keep a record of what you have achieved, and ask a volunteer mentor for a session.

The service is free. There is no fee, subscription or in-app purchase, and mentors give their time without charge. We may introduce paid features in the future; if we do, we will tell you first and you will never be charged for something you have not accepted.

5. The service is not professional advice

Decisions about your career, your employment, your studies and your money remain yours. Where a decision has legal, tax or financial consequences, consult a suitably qualified professional before acting.

6. Your account

• Give us accurate information when you register, and keep it up to date.
• Keep your sign-in details to yourself. You are responsible for what happens under your account.
• Tell us promptly at info@webstermalatjifoundation.org if you think someone else has used your account.
• One person, one account. Do not create an account in someone else's name or pretend to be someone you are not.

7. How you may use it

Use the service lawfully, and for its purpose: your own career development, or mentoring someone else through the programme. You may not:

• use it for anything unlawful, or to do anything that harms the Foundation or another user;
• harass, threaten, defame or discriminate against anyone, or post material that is hateful, obscene or incites harm;
• give false information, impersonate anyone, or misrepresent your experience or qualifications;
• share another person's personal information without their consent;
• use the service to sell or market anything, to recruit for a fee, or to solicit money from users;
• copy, scrape, reverse engineer or extract the service or its content, or use automated means to access it;
• interfere with the service's security or availability, or try to reach parts of it you are not authorised to use.

Accessing or interfering with our systems without authority is also an offence under Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 and under the Cybercrimes Act 19 of 2020.

8. Mentors and mentoring

Mentors are volunteers. They are not employees, agents, partners or representatives of the Foundation, and they do not speak for us.

• We ask mentors to agree to our mentor code of conduct, and we may remove any mentor from the programme.
• We do not supervise, direct, verify or endorse the guidance a mentor gives. What a mentor tells you is their own view.
• We take reasonable steps to check that mentors are who they say they are, but we cannot guarantee any mentor's identity, qualifications, experience or conduct.
• You decide what to share with a mentor. Our privacy notice explains that a mentor sees only what you choose to send.
• Meetings, calls and correspondence with a mentor outside the app are between the two of you. Use the same care you would with any professional contact, and meet in a safe, public or online setting.
• Neither mentor nor mentee may ask the other for money, a loan, investment, employment in exchange for payment, or any personal benefit arising from the mentoring relationship.

Report any concern about a mentor or a mentee to info@webstermalatjifoundation.org. We take safeguarding seriously and will act on reports.

9. Your content

Your career plan, notes and evidence remain yours. You keep all rights in them.

You give us permission to store, copy and display that content only to the extent needed to run the service for you — for example, to show it back to you on another device, to back it up, and to pass on what you choose to send to a mentor. This permission ends when you delete the content or your account, except for backup copies that age out as our privacy notice describes.

You confirm that you have the right to what you upload, and that it does not infringe anyone else's rights or contain anyone else's personal information without their consent. We may remove content that breaches these terms, and will tell you if we do.

10. What we do not promise

In particular, we do not promise any outcome. Using the service does not guarantee, and should not be taken as a representation of:

• a job, a promotion, a placement, an interview or an introduction;
• an increase in your income or improvement in your prospects;
• a mentor being available, being matched to you, or remaining available;
• the accuracy, completeness or suitability of any guidance given to you.

We may change, suspend or stop any part of the service, with notice where it is reasonable to give it. Because the service is free, we may also discontinue it entirely; we would give account holders reasonable notice and an opportunity to export or delete their information.

11. Limitation of liability

To the fullest extent permitted by South African law:

• we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, income, opportunity, data or reputation, arising from your use of the service;
• we are not liable for anything a mentor, a mentee or another user does, says, writes or fails to do;
• we are not liable for loss arising from your reliance on guidance given through the service, or from a decision you took in reliance on it;
• we are not liable for interruptions, faults or data loss caused by your device, your network, or a third party outside our reasonable control.

Because the service is provided free of charge, where we are found liable to you and the law permits a limit, our total liability for all claims arising in any twelve-month period is limited to R5 000.

12. Indemnity

You agree to indemnify the Foundation, its directors, volunteers and mentors against any claim, loss or reasonable legal cost arising from your breach of these terms, your unlawful conduct in using the service, or content you supplied that infringed someone else's rights. This does not apply to the extent that the claim arises from our own gross negligence or wrongdoing.

13. Our intellectual property

The name "Webster Malatji Foundation", the name "WMF Career Mentor", the Rising W mark, and the design, text, software and materials of the service belong to the Foundation or are used by us under licence. We give you permission to use the service for your own career development; we give you no other rights in it. Do not copy our materials, or use our name or mark, without our written permission.

14. Suspension and closing accounts

You may close your account at any time, in the app or by writing to info@webstermalatjifoundation.org. Your information is then dealt with as the privacy notice describes.

We may suspend or close an account if the person has breached these terms, if we are required to by law, or if keeping it open puts another user at risk. Except where the matter is serious or urgent, we will tell you why and give you a chance to respond. If we close your account you may ask us for a copy of your own content before it is deleted.

15. Privacy

How we handle your personal information is set out in our privacy notice, which forms part of these terms. It explains what we collect, why, who sees it, how long we keep it and your rights under the Protection of Personal Information Act 4 of 2013.

16. Changes to these terms

We may amend these terms. The version number and effective date at the top tell you which version applies. If a change materially affects your rights, we will notify account holders by email at least 14 days before it takes effect. Continuing to use the service after that date means you accept the amended terms; if you do not accept them, close your account.

17. Governing law and disputes

These terms are governed by the law of the Republic of South Africa.

If something goes wrong, please raise it with us first at info@webstermalatjifoundation.org. We will try to resolve it with you directly, and most things can be settled that way. If we cannot, you may refer the dispute to mediation by agreement between us, or take it to court.

You and the Foundation consent to the jurisdiction of the Magistrate's Court having jurisdiction over you in terms of section 45 of the Magistrates' Courts Act 32 of 1944, even where the claim exceeds that court's normal limits. This does not prevent either of us from approaching a higher court where that is appropriate, and it does not affect any right you have to complain to a regulator or ombud.

18. General

• Severability. If a court finds any part of these terms unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a right immediately, we do not give it up.
• Cession. You may not transfer your rights under these terms. We may transfer ours to a successor organisation carrying on the programme, on notice to you.
• Notices. We send notices to the email address on your account; send notices to us at the addresses in clause 1.
• Plain language. These terms are written to be understood. If any part is unclear to you, ask us and we will explain it.