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TERMS AND CONDITIONS OF USE

 

Welcome to TRUE RECRUITMENT’s Terms and Conditions page. 

The following Terms and Conditions constitute an agreement between you and TRUE RECRUITMENT (Pty) Ltd (“True Recruitment,” “we,” or “us”), the operator of www.truerecruitment.co.za (the “Site”). These Terms and Conditions (the “Terms and Conditions”) govern your use of the Site, both as a casual visitor and as a registered user.

By using the site, and/or by registering with us, you signify that you agree to these terms and conditions, including that you consent to the information practices incorporated herein by reference. Please note that we offer the Site “as is” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept these Terms and Conditions on such individual’s or entity’s behalf.

Everything we offer on the Site is referred to in these Terms and Conditions collectively as the “Services”. Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorise the use and disclosure of your personal information for purposes of allowing us to provide the Services.

PART 1: INTERPRETATION AND DEFINITIONS

1. Unless inconsistent with or otherwise indicated by the context:

    1. Clause headings in this agreement are for convenience only and shall be ignored in its interpretation.
    2. An expression that denotes a natural person shall include a juristic person and vice versa and the singular shall include the plural and vice versa. 

2. Where used in this agreement the following expressions shall bear the meanings assigned to them hereunder.

“Agreement” means these terms and conditions;

“Fees” means any charges which TRUE RECRUITMENT charge;

“Guest User” means a user who uses the site without registering an account;

“Indemnified Party” means TRUE RECRUITMENT, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of TRUE RECRUITMENT, and each of their respective officers, employees, contractors, consultants and agents from time to time;

“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyrights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;

“Privacy Policy” means the policy as at www.truerecruitment _/privacy-policy;

“Registration Data” means the information about users as requested by TRUE RECRUITMENT registration forms;

“Services” means the service rendered by TRUE RECRUITMENT to the User;

“Site” or “Website” means the Internet website or Mobile Application by which TRUE RECRUITMENT offers the Services from time to time, currently www.truerecruitment.co.za

“User” means an active, registered user or a “Guest User” of the TRUE RECRUITMENT who uses a service via the TRUE RECRUITMENT Site;

“User” or “Users” means the person who enters into this Agreement with TRUE RECRUITMENT or someone who is otherwise using the Site;

“VAT” means any value-added tax or other consumption tax;

“We”, “Us”, “Our”, “Ourselves”  and “TRUE RECRUITMENT” are used interchange-ably in this Agreement and all mean www.truerecruitment.co.za

“You” or “Your” means you, the User, or otherwise, and your successors and permitted assigns; and

“Your information” includes all information you provide to us in using this Site, including, without limitation, as applicable:

(a) your registration details, including name, gender and address details;

(b)          the information that we learn about you as a result of your use of this Site.

 

PART 2: TRUE RECRUITMENT

  1. True Recruitment Service

1.1. The TRUE RECRUITMENT Service allows an active, authorized registered user of TRUE RECRUITMENT to create a profile on the TRUE RECRUITMENT Site.

1.2. You agree that TRUE RECRUITMENT may restrict and/or terminate its services to you at any point in time if TRUE RECRUITMENT, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

1.3. The User undertakes to provide his full co-operation for TRUE RECRUITMENT to carry out the Service.

1.4. Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the TRUE RECRUITMENT Service, TRUE RECRUITMENT hereby grants you a limited, revocable, non-exclusive, non-transferable, worldwide right to use the TRUE RECRUITMENT Service solely for the purposes described in this Agreement. All rights not expressly granted to you are reserved by TRUE RECRUITMENT. Except as expressly permitted by TRUE RECRUITMENT and You shall not:

(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the TRUE RECRUITMENT Service in any way;

(b) modify or make derivative works based on the TRUE RECRUITMENT Service;

(c) reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the TRUE RECRUITMENT Service; or

(d) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the TRUE RECRUITMENT Service. You further agree that upon termination or expiration of this right, you shall no longer have the right to use the TRUE RECRUITMENT Service.

  1. Availability of the Site

2.1. While we take all reasonable steps to limit any interruptions to your access to the Site, You acknowledge and agree that:

2.2.1. Your access to the Site may be prevented by issues outside of our control;

2.2.2. We do not promise continuous or error-free access to the Site; and

2.2.3. The functionality of the Site may change or be improved from time to time.

 

  1. User

3.1. You agree that we or our nominated agent may undertake any necessary checks on you where applicable.

3.2. In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.1, we may prevent you from or using the Services of this Site.

3.3. You agree and warrant to us that:

3.3.1. your information:

3.3.1.1. is accurate and not false, misleading, deceptive or fraudulent;

3.3.1.2. does not breach any Intellectual Property Rights of a third party;

3.3.1.3. is made in compliance with all applicable laws, government regulations or guidelines;

3.3.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;

3.3.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

3.3.1.6. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not; and

3.3.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature.

 

PART 3: GENERAL TERMS AND CONDITIONS

 

  1. TRUE RECRUITMENT may change these Terms and Conditions.

4.1. We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.

4.2. By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 4.

 

  1. Compliance with These Terms and Conditions

5.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.

5.2. You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:

5.2.1. doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;

5.2.2. the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or

5.2.3. we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.

5.3. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).

5.4. If you:

5.4.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;

5.4.2. are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or

5.4.4. otherwise breach this Agreement; we may, in our absolute discretion:

5.4.4.1. withhold from you, your use of any or all of the Services, and access to your information;

5.4.4.2. delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;

5.4.4.3. restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and

5.4.4.4. terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.

 

  1. Use of Site

6.1. In using this Site, you must not:

6.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

6.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

6.1.3. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

6.1.5. engage in any practice or conduct that is unlawful under any laws applicable to you;

6.1.6. copy, modify, or distribute rights or content from our sites, services or tools or TRUE RECRUITMENT’ copyrights and trademarks; and

6.1.7. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on TRUE RECRUITMENT without the express permission of TRUE RECRUITMENT.

6.2. Any links or references (direct or indirect) to other websites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those websites, or the products and services contained on those web sites.

6.3. The information and material contained on this Site have been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site comply with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

 

  1. Entering into this Agreement

7.1. You represent and warrant to us:

7.1.1. if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or

7.1.2. if you are a juristic entity:

7.1.2.1. that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and

7.1.2.2. entering into this Agreement does not violate your Constitution; and

7.1.2.3. you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.

7.2. Transactions in case of a minor

7.2.1. If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of TRUE RECRUITMENT, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.

7.2.2. If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the Agreement entered into between yourself and Made in South Africa.

7.2.3. We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should TRUE RECRUITMENT, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.

7.2.4. To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.

 

  1. Licence of, and Use of, your Information

8.1. You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.

8.4. Subject to Clause 8.1., we agree to use your information only in accordance with the Privacy Statement below and further hereby acknowledge and agree as follows:

8.4.1. in this agreement shall confer any license or right of ownership in such material; and

8.4.2. TRUE RECRUITMENT shall retain all right, title, and interest, including all intellectual property rights, in and to any of the TRUE RECRUITMENT Service, branding, website, and other technology provided by us, and any other property, and/ or material belonging to us, and nothing in this Agreement shall confer any license or right of ownership in such material.

 

  1. Privacy Statement to be read in conjunction with Privacy Policy

This privacy statement discloses the privacy practices for the www.truerecruitment.co.za site.

9.1. We have agreed to notify you:

9.1.1. What personally identifiable information of yours or third party personal identification is collected from you via this Site;

9.1.3. How the information is used;

9.1.4. With whom the information may be shared;

9.1.5. What choices are available to you regarding the collection, use and distribution of the information;

9.1.6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control;

9.1.7. How you can correct any inaccuracies in the information.

 

  1. Disclaimer and Limitation of Liability

10.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:

10.1.1. a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;

10.1.2. any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;

10.1.3. whether we or another person could have foreseen such a loss or type of loss or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;

10.1.4. any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;

10.1.5. any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;

10.1.6. any reliance on, the information and material contained on this Site about any services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;

10.1.7. any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.

 

  1. Release and Indemnity

11.1. Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:

11.1.1. your use of the Services;

11.1.2. the reproduction, broadcast, transmission communication or making available of any information or material by us or any users (other than you) made available by use of the Services;

11.1.3. any one or more of the circumstances described in Clause 11.1.

11.1.4. any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or

11.1.5. any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.

 

  1. Entire Agreement

12.1. This Agreement together with any service level agreement and Privacy Policy constitutes the entire Agreement between you and TRUE RECRUITMENT.

12.2. Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.

 

  1. Relationship of Parties

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.

 

  1. Non-Waiver

Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

 

  1. Governing Law

15.1. This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceeding arising out of or with respect to this Agreement.

15.2. With reference to clause 15.1, the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.

 

  1. Notices

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this site. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this Agreement at its respective address as specified on the application for registration on this Site and, in the case of Made in South Africa, at the aforementioned address and in the case of mail will be deemed to have been served three (3) business days after posting. In the case of email, it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.