Applicant Terms and Conditions

 

 

This agreement is entered into between Foschini Retail Group (Pty) Ltd (referred to as "TFG") and you. By submitting your personal information to TFG, you agree to all of the terms and conditions set out below. These terms and conditions are also subject to TFG's general website terms and conditions located at http://www.tfglimited.co.za/docs/2802/Website%20%20Mobisite%20T&C's.pdf and which are incorporated herein. If you do not consent to all of these terms and conditions, you should not submit your personal information to TFG.

Accuracy of personal information supplied by you

You warrant that all information provided by you is true and correct. You indemnify TFG against any and all claims brought against it by any party arising from your breach of this warranty. You furthermore agree to be liable for any damages suffered by TFG as a result of your breach of this warranty or as a result of the intentional or negligent omission of any information that would reasonably be held to be relevant to your suitability for any particular position of employment. You agree to keep TFG informed of any changes to your personal information, including your contact information, qualifications and work experience in order to assist TFG in keeping the information that it holds about you up to date and accurate.
Should you become employed by TFG and it transpires that you were offered employment on the basis of personal information and general information you provided, failed to provide, falsified or that otherwise mislead the TFG, this will be grounds for dismissal in accordance with TFG policies.

Use of your personal information

Save as specifically provided for below, TFG will not disclose your personal information to any other person, at any time, without your express consent thereto.

Notwithstanding the above, you understand and consent to the collection, processing, storage and distribution of your personal information by TFG, including us contacting previous employers, verifying qualifications and experience, verifying employment details, conducting criminal checks and if applicable, credit checks.
An adverse criminal record will be brought to your attention but will not necessarily bar you from employment with TFG.
 
You understand that "personal information" for purposes of these terms and conditions may include (but is not limited to) your personal contact information and information relating to your race, gender, age, physical or mental health, well-being, disability, ethnic origin, language, contact details, address, ID number, education, medical history, employment history, financial history, biometric information and criminal record. You understand furthermore that "processing" includes the collection, recording, organisation, storage, updating, modification, retrieval, use, dissemination, making available and destruction of your personal information.

You are aware that your personal information may be disclosed to potential job providers and recruiters within the TFG and you consent to such disclosure. You also consent to the lawful and reasonable processing of your personal information by TFG in order to comply with any legal obligation to which TFG may be subject or for the purposes of upholding the legitimate interests of a third party.

You authorise and consent to the further collection and processing of personal information about you from any public or private record where this does not prejudice any of your legal rights or where it is necessary to do so in order to uphold the legitimate interests of any party, such as mentioned above, conducting criminal checks. You authorize the processing of your personal information by TFG where the source of the information is publicly available or where the further processing is aimed at making employment opportunities available to you or for the purpose of keeping you advised of employment opportunities that are available to you.

In accordance with the Protection of Personal Information (“POPI”) Act, the personal information relating to TFG’s employment candidates and employees will be safeguarded and any processing of this information will be regulated to ensure protection thereof.  TFG therefore undertakes to keep confidential all personal information of employment candidates and employees and limit disclosure to only those employees and approved 3rd party providers with a legitimate need to know this information or where they are required to access and process this information due to operational requirements.  Your personal information will not be used for any purposes other than the reasons outlined herein.

Third party processing

You acknowledge and understand that TFG may make use of secure third party information systems for processing and storing information, including hosted database and web application solutions that may be installed on information systems located both inside and outside of South African borders. Notwithstanding any of the terms of this agreement, you consent to the processing and storage of your personal information on such third party information systems selected by TFG.

Additional processing purposes

You consent to the processing of your personal information by TFG for the purposes of communicating offers of TFG products or services to you. You consent to the further use by TFG of your personal information for general statistical or research purposes and where your personal information will not be published in a form that reveals your personal identifying particulars.

Retention of your information

You consent to the retention of your personal information by TFG until such time as you request that TFG delete your personal information from its records and to the extent that it is legally permitted to do so.

No unfair discrimination

TFG does not discriminate unfairly against any person on grounds of race, age, gender or disability and will only process such information where it is essential for the purpose of assigning a preferential status to a person from a particular group with a view to eradicating or reducing actual or historical or socio-economic inequalities between groups.

Your submission of another person's personal information

Where you submit to TFG the personal information of any person or persons other than yourself, you represent and warrant that you are authorised to do so on their behalf or have their express consent thereto and you agree to indemnify and hold TFG harmless against all claims that such person may bring against TFG including any claim for breach of privacy, loss of income or for the sending of unsolicited commercial or business communications or job offers to such person.

You agree not to submit or send any electronic information or communication to TFG or any of its third party service providers that contains any computer viruses, including malicious code, spyware applications, Trojan horses and the like.

No warranties given

Use of and reliance on all information provided by TFG to you, including information relating to any prospective employer or position of employment, is entirely at your own risk. TFG does not guarantee any prospect of your finding employment through its recruitment service. TFG does not warrant that all information provided to you is error-free or that electronic communications are free from defects or computer viruses.

Exclusion of liability and indemnities

The provisions of this section shall survive termination of this agreement for any reason.
You hereby indemnify and hold TFG harmless against any and all liabilities, damages awards, fines and other risks that may follow from your transgression of these terms and conditions.

You further indemnify and hold TFG harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by you that constitutes a breach or contravention of any legislation, regulations, or code of conduct to which TFG may be subject.

TFG shall not be liable to you in any circumstances for any direct, indirect, contingent or consequential damages or loss (including, but without being limited to, loss of income or loss of profits) sustained or incurred by you, and howsoever arising and whether such loss arises in contract, delict, under statute, in equity, at law or otherwise and whether as a result of an act or omission of TFG or any of its third party service providers.
 
Consent to Assessments
You agree to undergo any psychometric tests or tests of ability which may be required as part of the employment process. You also agree to undergo health evaluation required by TFG during employment but not as a condition of employment.

Severability

If any provision of these terms and conditions is found to be unenforceable or invalid, such term or condition shall be severable from the remaining terms and conditions which shall remain enforceable and applicable.

Waiver

Any failure by TFG to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.

Applicable law

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.

Amendments to these terms and conditions

TFG may update these terms and conditions from time to time. You should review this page frequently to ensure that you remain at all times fully acquainted with the terms and conditions to which you are bound.

Entire agreement

These terms and conditions constitute the entire agreement between TFG and you. No variation of or modification to these terms and conditions shall be of any force and effect unless posted to this website by TFG or unless agreed to in writing by both TFG and you.

Should you wish to delete your profile, kindly contact the TFG Resourcing department on 021 938 1593.