Terms of Service: Clear Guidelines for Our Products and Services

EFFECTIVE DATE: 22 MAY 2023

EMPLOYEES NEED TO READ THESE TERMS CAREFULLY BEFORE MAKING USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS AND CONDITIONS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. ALL SECTIONS OF THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOU.

DEFINITIONS

GENERAL

1.1 “Agreement” means a Service Level Agreement, including all annexures, appendices and/or schedules thereto, entered into between Jem and the Company, which allows the Company to provide the Services to the Employees, through its utilisation of the Platform.
1.2 “Company” means the entity who concluded and executed the Agreement with Jem.
1.3 “Employee(s)” has the definition ascribed to it in section 213 of the Labour Relations Act 66 of 1995, and for the purposes of these Terms and Conditions refers to employees of the Company.
1.4 “On-Demand Pay” means the On-Demand Pay Services provided by the Company to the Employee, through the Company’s utilisation of the Platform (if applicable).
1.5 “Personal Information” means the information provided by the Company to Jem in respect of each of its Employees, including but not limited to: full name/s and surnames; identity number/passport number; job title; Employee number (if applicable); net salary amount; Pay Day; banking details; E-mail address; contact number.
1.6 “Platform” “shall collectively mean the interface as owned, hosted and managed by Jem, as well as the services offered thereon, being the human resources and salary advancement related services provided by Jem to the Company, for it be able to offer such services to its Employees.
1.7 “Services” are the services provided by the Company to the Employee, through the Company’s utilisation of the Platform.
1.8 “JEM” means JEM RSA OPCO (PTY) LTD, a company duly registered and incorporated in terms of the company laws of South Africa, bearing company registration number: 2022/880649/07.
1.9 “Terms and Conditions” means these terms and conditions entered into between the Company and the Employee in order for the Employee to access the Services.
1.10 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

ON-DEMAND PAY

1.11 “Advances” means any and all advances to be made on earned, but in a given Pay Cycle unpaid, salary and wages paid to the Employee by the Company, through the Company’s utilisation of the Platform, which is governed in accordance with the terms of the Agreement.
1.12 “Pay Cycle” means the Company’s established monthly intervals between Pay Days.
1.13 “Pay Day” is the day of the month on which the Company pays its Employees.

2. INTRODUCTION
2.1 The Services offered on the Platform are operated JEM RSA OPCO (PTY) LTD, a company duly registered and incorporated in terms of the company laws of South Africa, bearing company registration number: 2022/880649/07 (hereinafter referred to as “JEM").

2.2 The Terms and Conditions herein are entered into by and between the Employee and the Company. Any reference to the "Company", shall include their employees, consultants, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies and related entities.

2.3 These Terms and Conditions, including any document incorporated by reference herein, including, but not limited to Jem’s Privacy Policy (available at https://www.jemhr.com), apply to any Employee who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Platform for whatever purpose.

2.4 These Terms and Conditions set out the terms and conditions that apply to the Services that the Company provides the Employees, through the Company’s utilisation of the Platform.

2.5 The Company will notify the Employees in writing of any changes to these Terms and Conditions or if a new Service is added on the Platform. Should the Employee continue to use the Services after the Terms and Conditions have changed, it means that the Employee accepts these changes.

2.6 If the Employee does not agree with these Terms, such Employee will not be able to use the Services.

3. SERVICES

GENERAL

3.1 Jem will take reasonable steps to provide the Company with notice of any variations or waivers regarding any fees or charges for the use of the Services, as well as the terms and conditions of any such variation or waiver.

ON-DEMAND PAY

3.2 The Advances offered as part of the Services are not loans. By accepting these Terms and Conditions, the Employee agrees that any Advances that he/she accesses through the Services are strictly salary and wage advances that are to be paid to the Employee by the Company, through the use of the Services and the Platform, and are directly deductible from the Employee’s payslip at the end of the given Pay Cycle.

3.3 Employees registered for the Services shall have access to Advances with a maximum value of 25% of the net salary or wage earned but as at the date of the request of an Advance, unpaid to them in a given Pay Cycle (the“ Advance Limit ”).

3.4 The Employee’s Advance Limit is to be calculated by Jem for and on behalf of the Company, in accordance with the information provided to Jem by the Company, and any such calculation shall be final.

3.5 The Company may determine a different Advance Limit for the Employee.

4. EMPLOYEE REGISTRATION

4.1 The Employee is only eligible for the Services once he/she has elected to opt in for the Services, pursuant to the execution of a valid Agreement between the Company and Jem.

4.2 To register for the Services, the Employee will be asked to provide certain Personal Information to the Company, who in turn will share such information with Jem, which Jem requires to store and process in order for the Company to provide the Employee with the Services, through utilisation of the Platform.

4.3 As part of the registration process, the Employee consents and agrees to JEM gathering and processing the Employee’s Personal Information, and to the Company and JEM sharing relevant information between each other to enable JEM to validate the Employee’s details in order to manage the effective provision of the Services to the Employee.

4.4 The Employee consents and agrees to Jem gathering or accessing further Personal Information or Data, as may be reasonably requested by Jem from time to time, in order to ensure the continued effective provision of the Services by the Company to the Employee.

Further details about the personal data that JEM obtains from the Employee and how it is used for the provisioning of the Services are set out in Jem’s Privacy Policy.

5. INTELLECTUAL PROPERTY
5.1 Unless accompanied by an explicit statement to the contrary, all content on the Platform is protected by copyright, database rights, or other intellectual property rights. Jem and/or the Jem’s licensors own all the intellectual property rights and materials as are contained on the Platform.

5.2 As such, Jem owns all of the material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and service marks, organisation, User interface, layout, and software code.

5.3 The Platform is all legally protected against infringement and a user can’t copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any of it without our permission.

5.4 None of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under international copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

5.5 Users are expressly prohibited to “mirror” any content, contained on the Platform, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

6. LIMITATION OF LIABILITY
6.1 The Company and Employee acknowledge that Jem shall not be liable for:

6.1.1 any loss, damage or delay whatsoever, including consequential loss, suffered by the Employee and/or the Company resulting from the Employee’s use of the Services, save where such loss is caused by negligence or gross misconduct of Jem.

6.2 The Employee agrees and acknowledges that his/her use of the Services is at his/her own sole risk.

7. GOVERNING LAW
7.1 These Terms and Conditions are governed in all respects by the laws of South Africa.