WEBSITE TERMS AND CONDITIONS

The main purpose of this Platform is to allow users to submit information to apply for the Opening of an Account with our Client on this Platform. We therefore process and store all submitted Personal Data on the applicable Client’s behalf. The applicable Client will always remain responsible for your application and the associated Personal Data. This means that the applicable Client’s terms and conditions will take precedence over these ones and will apply to you first and foremost. These Terms and Conditions apply in addition to and supplement the Client’s legal documents and are applicable to the Services we as MCi provide to you.

We reserve the right to withdraw or amend any of the employment opportunities as displayed on the Platform in our sole and absolute discretion and at any time, without notice to you.

This Platform also acts as a human resources database for tracking applicants throughout our Client’s entire HR recruitment process. It allows our Client’s users to manage recruitment vendors, advertise jobs, screen applicants, search for applicants and utilise the information in the database for internal reporting and analytics purposes.  

 

3. TERMS OF USE AND CHANGES

When accessing this Platform you accept these Terms and Conditions will regulate your interaction with us. These Terms and Conditions are a binding contract between you and MCi, so it is very important that you read them carefully and ensure that you understand them.

If you access the Platform, we will assume that you have read and understand these Terms and Conditions and agree to them. If you DO NOT AGREE with any provision contained in these Terms and Conditions, please DO NOT ACCESS the Platform.

We reserve the right, in our sole discretion, to amend these Terms and Conditions at any time, in any way. We will publish the amended Terms and Conditions on the Platform and notify you by way of notice on the Platform and on any other websites (where applicable) that the Terms and Conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof.

It is your responsibility to review these Terms and Conditions regularly and to ensure that you stay up to date with any amendments hereto.

Chapter VII of the Electronic Communications and Transactions Act (“ECTA”) grants rights to any natural person (in other words, living human beings) who enters, or intends entering into, what is known as an “electronic transaction” with MCi on the Platform. These Terms and Conditions are not intended to limit the rights granted to you by ECTA.

 

4. REGISTRATION

You may be required to register on the Platform if you wish to access the Services of the Platform or apply for any advertised opportunity on the Platform. Registration is achieved using a Registration Form available on the Platform. Where you register with the Social Networks to access the Platform you grant permission to the Social Networks to pass certain of your Personal Information to us to enable you to access the Platform. Registration with the Social Networks is subject to the Social Network’s terms of use.

When you register on the Platform you may be asked to select a Username and Password which you will use to secure your account. Once registered, you will be able to log into your account using your Username and your Password or your relevant account information with your preferred authentication service.

To successfully complete the registration process, you may be required to submit information about yourself and your preferences to us (“Registration Data“). The use of your Registration Data is dealt with in our Privacy Policy.

You warrant that your Registration Data is accurate, current and complete (this includes Registration Data we may receive from Social Networks). You will be denied access to the Platform should you breach this warranty or subsequently be found to have breached this warranty.

 

5. VERIFICATION

We may take steps to verify your Registration Data once you have completed the registration process using a verification email sent to your given email address. To verify your information, we use the services of third-party databases (including Social Media). You understand that while MCi is verifying your information that access to the Platform may be limited until such time as the verification process has been successfully completed. If you do not wish to have your Registration Data processed for the purpose of verification, we may not be able to provide you with the Services and your access to our Platform may accordingly be limited. You are encouraged to consider these Terms and Conditions and our Privacy Policy to understand how we will process your Registration Data and the lawful basis under which we will do so.

 

6. ACCURATE INFORMATION

You agree that the security of your account is solely your own responsibility, and you further agree that:

• You are responsible for maintaining and promptly updating the Registration Data and any other information you provide us with, thereby keeping it accurate, current and complete.
• If you believe that information or content posted to the Platform infringes on any person’s rights in any way, you will notify us as soon as possible.
• If you believe the security of your registration on the Platform has been compromised in any way, you will notify us immediately (in the case of this Platform) or the relevant provider (in the case of a Client’s website).
• You shall be held fully responsible for any misuse or compromise to your account which we are not properly notified about; and
• If any security violations are believed to have occurred in association with your account, MCi reserves the right to suspend access to your account pending an investigation and resolution.

 

7. USER RESPONSIBILITIES

Content accessible through the Platform may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or to prevent underage users from accessing this content where it is within your control to do so.

You agree to adhere to generally acceptable Internet Etiquette. In this regard, without being limited to the examples listed below, you agree NOT TO:

• Engage in any abuse of email or spamming, including, without being limited to the posting, or cross–posting, of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who you may be connected to using third party services to access the Platform where those people may not wish to receive such invitations or similar communications.
• Engage in any activity intended to entice, solicit or otherwise recruit Platform users to join an organisation except where we expressly authorise such activities in writing.
• Take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted through the Platform. 
• Use the Platform to post anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child abuse material, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights.
• Use the Platform to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of scam such as “pyramid schemes” and “chain letters”.
• Use the Platform in a manner that may infringe the Intellectual Property Rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property).
• Use the Platform in any manner which could damage, impair, overburden or disable the Platform or interfere with any other party’s access to the Platform.
• Use the Platform to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended.
• Gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent.
• Violate the privacy of any person or attempt to gain unauthorised access to the Platform or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
• Use the Platform to engage in any illegal or unlawful activity.

 

Should you engage in any one or more of the above practices, which shall be determined in MCi’s sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:

• without notice, suspend or terminate your access to the Platform to the extent your access to the Platform is within our control.
• report your actions to an applicable authority; and/or
• institute legal proceedings against you.

 

The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform and our Services. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

 

8. MESSAGES AND HYPERLINKS

Data Messages between You and MCi:

• Data Messages, including email messages, you send to MCi will be considered as received only when we acknowledge or respond to these Messages.
• Data Messages MCi sends to you will be regarded as received when the Data Message enters your email sever inbox and is capable of being retrieved and processed by you.
• We reserve the right not to respond to any email or other Data Message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or Data Message if necessary.
• Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any Message sent by email or over the internet.

 

Hyperlinks, Deep Links, Framing:

• The Platform may include links to other websites (“other sites“). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
• We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
• Your access and use of the other sites remains solely at your own risk and on the terms set by the operator of any other site.

 

9. DISCLAIMER

MCi, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AFFILIATES, ACCEPT NO LIABILITY WHATSOEVER FOR ANY COSTS, EXPENSES, FINES, OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT LOSS OR DAMAGES, INCLUDING ANY DATA LOSS, ECONOMIC LOSS, CONSEQUENTIAL LOSS, LOSS OF PROFITS OR ANY FORM OF PUNITIVE DAMAGES, RESULTING FROM THE FACILITATION AND OFFERING OF YOUR USE OF, OR RELIANCE UPON, THE PLATFORM AND/OR THE PLATFORM CONTENT; OR YOUR INABILITY TO USE THE PLATFORM AND OR THE PLATFORM CONTENT, AND/OR ANY UNLAWFUL ACTIVITY ON THE PLATFORM AND/OR THIRD PARTY LINKS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MCi IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

Your use of and reliance on the Platform is entirely at your own risk. The Platform is provided “as is” and “as available”. MCi make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services, and those arising from a course of dealing, usage or trade practice.

Although we take steps to verify information presented on or through the Platform, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through the Platform or the content other users may publish to the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. MCi reserves the right, in its sole discretion, to correct any errors or omissions on the Platform without notice to you.

Information, ideas and opinions expressed on or through the Platform should not be regarded as professional advice or as MCi’s official opinion and you are strongly advised to seek professional advice before acting on such information. All content, information, and/or opinions of users made available on in relation to any of the Services are those of the authors and not MCi. While we make every reasonable effort to present such information accurately and reliably, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES THAT THE CONTENT PUBLISHED TO THE PLATFORM (OR THE PLATFORM ITSELF, FOR THAT MATTER) IS FIT FOR ANY PURPOSE OTHER THAN AS A REFERENCE WORK IN RESPECT OF THE CONTENT PROVIDED ON THE PLATFORM.

We will always use reasonable endeavours to make the Platform available to you and keep the Platform available to you. However, you agree that MCi shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to the Platform (either in part or as a whole) for any reason whatsoever.

MCi is not responsible for files and data residing on your account or for any contributions you may have made to the Platform. You agree to take full responsibility for files and data transferred and your content as well as to maintain all appropriate backup of files and data stored on our servers.

MCi takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, MCi does not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.

 

10. INDEMINITY

YOU HEREBY INDEMNIFY MCi AND OUR CLIENTS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE PLATFORM, PLATFORM CONTENT AND / OR ANY THIRD-PARTY LINKS. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MCi, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND PARTNERS HARMLESS FROM ANY DIRECT OR INDIRECT LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING REASONABLE LEGAL FEES) RELATED TO YOUR USE OF THE PLATFORM AND/OR BREACH OF THESE TERMS AND CONDITIONS.

 

11. DISPUTE RESOLUTION

• Negotiation: Should any dispute, disagreement or claim arise between you and MCi (“the Parties”) concerning the use of the Platform or the Services, the Parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both Parties in mind.
• Mediation: Should these Parties fail to resolve such dispute in the aforesaid manner or within such further period as the Parties may agree to in their negotiation, the Parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
• Arbitration: If the dispute is still not resolved after such mediation, the Parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by MCi.
• Jurisdiction: Notwithstanding the above, both Parties consent to the jurisdiction of an appropriate South African Either Party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
• No Publication: The Parties both agree that in no circumstance will either Party publicise the dispute on any social media or other public platforms. The Parties understand that any publicity of this nature can cause serious damage to the other Party, which damage may result in a financial claim against the infringing party.

 

12. TERMINATION OF USE

IN ADDITION TO OUR OTHER RIGHTS HEREIN, MCi RESERVES THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF THE PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN MCi’s SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

If you wish to terminate your agreement with MCi and these Terms and Conditions, you may do so by ending your use of our Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which MCi may have at the time of said termination.

In the event of termination of your agreement with these Terms and Conditions, MCi will remove you from the Platform and delete your account and associated data in accordance with our or our Client’s Data Retention formula and processes.

 

13. NOTICES AND SERVICE ADDRESS

Each of the Parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:

• in the case of MCi, at support@mcidirecthire.com ; or
• in the case of the user, at the e-mail, cellphone number, and/or address provided when registering with us.

Each of the Parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

 

14. CONTACT US

The Platform is managed by MCi on behalf of our Client.

Should you have any queries or comments about the Platform or MCi’s Terms and Conditions you may contact us at:

• Email address: support@mcidirecthire.com
• Physical address: Ground Floor, Office 1, 18 Nicol Road, Bedfordview, Gauteng, 2007
• Postal address: PO Box 71, Bruma, 2027

 

15. GENERAL

• Relationship Between the Parties: The relationship of the Parties, inter se, shall be governed by these Terms and Conditions and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
• Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms and Conditions, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms and Conditions, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
• Entire Agreement: This document contains the entire agreement between the Parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.
• No Indulgence: No indulgence, leniency or extension of time granted by MCi shall constitute a waiver of any of MCi’s rights under these Terms and Conditions and, accordingly, MCi shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
• Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
• Headings as Reference: The headings to the paragraphs in these Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
• Governing Law: Your access and/or use of the Platform and/or our Services, any downloaded material from it and the operation of these Terms and Conditions (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
• Severability: Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.