1. Introduction

This page states the Terms and Conditions under which you may use this website .mcidirecthire.com (the “Website’’) powered by Direct Hire.

The website is made available to you by Direct Hire (a division of MCI Consultants (Pty) Ltd, registration number 1983/011766/07, a limited liability private company duly registered in the Republic of South Africa, including its subsidiaries and holding companies from time to time) (referred to as "we", "us" and "our") ("Terms and Conditions").

2. Services

The main purpose of this website is to allow applicants to view and apply for opportunities as advertised on this website by our clients. We reserve the right to withdraw or amend any of the employment opportunities as displayed on the website in our sole and absolute discretion and at any time, without notice to you.

This .mcidirecthire.com website 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 on the database for internal reporting and analytics purposes.

3. Terms of use

You may access the website on the condition that you accept these Terms and Conditions as they are, and without any modifications to them by you. These Terms and Conditions are a binding contract between you and us, so it is very important that you read them carefully and ensure that you understand and accept them.

If you access the website, we will take that to mean 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 sites.

We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on this website and notify you by way of notice on this website 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 on this website.

It is your responsibility to review these terms and conditions regularly and to ensure that you agree with any amendments to these Terms and Conditions. If you do not agree with any amendments to these Terms and Conditions, you may no longer access the sites.

Chapter VII of the ECT Act 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 us on the website. None of these Terms and Conditions are intended to limit the rights the ECT Act grants you.

4. User conduct

Registration

You may be required to register on the website if you wish to access the website. Registration is achieved using a registration form available on the website. Where you register with the social networks to access the branded websites you grant permission to the social networks to pass certain of your personal information to us to enable you to access the sites. Registration with the social networks is subject to the social networks’ terms of use.

When you register on the website 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.

In order 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 (link available below), which, for the avoidance of doubt, forms part of these Terms and Conditions.

You warrant that the registration data is accurate, current and complete (this includes registration data we may receive from the providers). You will be denied access to the website should you breach this warranty or subsequently be found to have breached this warranty.

We may take steps to verify your registration data once you have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd parties (including, but not limited to the social networks) which may be required to reasonably complete the verification process. You acknowledge and agree that access to the sites may be limited until such time as the verification process has been successfully completed.

Should you not agree to the verification process as contemplated above or withhold your consent, your access to the website, generally, may be suspended or terminated and you waive any claims you may have against us, our associates, our officers, directors, employees, servants, agents and / or contractors arising out of our denial of access to you to the sites.

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;
• You believe that information or content posted to the sites infringes on any person’s rights in any way, you will notify us immediately;
• You believe the security of your registration on the sites has been compromised in any way, you will notify us (in the case of this website) or the relevant provider (in the case of the branded sites) immediately;
• 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, we reserve the right to suspend access to your account pending an investigation and resolution.

The user warrants that all orders for goods placed in relation to the users account are made by the user or with the Users express consent and that the user will be responsible for the payment of any orders for goods in respect of the user’s account.

Opting out

Direct Hire will inform you about the right to opt out in every email notification and therefore you may opt out at any time without any form requirements and free of charge.

You can also request to opt out by sending an email to support@mcidirecthire.com.

Access

Content accessible through the websites 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.

The website will contain content that we, you and other users create. Some of this content will be directed to or appear on 3rd Party websites (which may include the social networks). Your use of those 3rd Party websites are subject to both these Terms and Conditions and the Terms and Conditions applicable to those 3rd Party websites (which may include the social networks’ terms of use, and in this regard, the social networks’ terms of use shall be incorporated herein).

You agree that it remains your obligation to familiarise yourself with the 3rd Party websites Terms and Conditions (including, where appropriate, the providers’ terms) and to comply with both them and these Terms and Conditions. In the event there is a conflict between these Terms and Conditions and a 3rd Party websites terms of use (including, where appropriate, the social networks’ Terms of Use), these Terms and Conditions shall prevail for the purposes of your access to the sites.

You may not access the content or the sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions.

You may not frame the sites in any way whatsoever except as permitted by the website functionality (details may be found on the sites concerned) or otherwise without our prior written permission. Recognising the global nature of the internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the sites as well as the providers’ terms.

You agree to adhere to generally acceptable internet and email 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 3rd party services (including, but not limited to the social networks) to access the sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the sites or other communications you send them from us);
• Engage in any activity intended to entice, solicit or otherwise recruit website 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 sites;
• Use the website to post anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
• Use the website 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 website 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 website in any manner which could damage, impair, overburden or disable the sites or interfere with any other party’s access to the sites;
• Use the website 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 sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
• Otherwise use the sites 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 our 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 sites to the extent your access to the sites is within our control;
• Hold you liable for any costs or damages we incur as a result of your misconduct; and/or
• Notwithstanding our Privacy Policy (refer to link below), disclose any information relating to you, whether public or personal, to all persons affected by your actions.

5. Changes and amendments to these Terms and Conditions

Direct Hire reserves the right to change the information displayed on the website including these Terms and Conditions at any time without notice to you.
It is your responsibility to visit the website periodically to review the Terms and Conditions to which you are bound.
The new terms will be effective immediately when they are posted on the website and, by continuing to access or use the website, you will be deemed to have accepted the new terms (as published on the Website).

6. Copyrights

The website (and all related pages) including, but not limited to, pictures, photographs used on the website, any content, software, text, graphics, trade names, logos, trade-marks, designs and service marks or any other material contained in or electronically distributed on the website (collectively referred to as the “Website Content”) are protected by law, including but not limited to copyright and trade mark law (whether in South Africa or elsewhere in the world where the website is accessed and / or used).

You understand that any reproduction of the website content and / or Trademarks by you or any third party in any manner whatsoever is strictly prohibited.

7. Disclaimer

Direct Hire and our clients shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website and / or the website content; or your inability to use the website and / or the website content, and / or any unlawful activity on the website and / or third party links.

8. Indemnity

YOU HEREBY INDEMNIFY DIRECT HIRE 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 WEBSITE, WEBSITE CONTENT AND / OR ANY THIRD-PARTY LINKS.
We are not responsible for files and data residing on your account or for any contributions you may have made to the sites. 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.
With respect to the service, please note that we are only data controllers with respect to any associated entities’ personal information for the purposes set out in this Privacy Policy (refer to link below).
For all other purposes relating to the service, Direct Hire operates as data processors for our clients and our clients act as data controllers.
Our clients have their own Privacy Policies and we do not accept any responsibility or liability for their policies or processing of personal information. This Privacy Policy and the rights and obligations set out above only apply where we are acting as data controllers.

9. Limitations of Indemnity

(“We” and “us” in the context of this disclaimer and limitation of liability includes our clients, their affiliated companies and subsidiaries) your use of and reliance on the sites is entirely at your own risk. The sites are provided “as is”.

Although we take steps to verify information presented on or through the sites, 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 sites or the content other users may publish to the sites. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on the sites without notice to you.

Information, ideas and opinions expressed on or through the sites should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on 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 sites (or the sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the sites.

We will always use reasonable endeavours to make the sites available to you and keep the sites available to you. However, you agree that we 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 sites (either in part or as a whole) for any reason whatsoever.

10. Contact us

The website is managed by Direct Hire on behalf of our client. Should you have any queries or comments about the website or our Terms & Conditions you may contact us at:

• Our physical address: 2nd Floor, Block C, Pellmeadow Office Park, 60 Civin Drive, Bedfordview, Gauteng;
• Our postal address: PO Box 71, Bruma, 2026;
• Our email address: support@mcidirecthire.com; or
• Our contact number: +27 (0) 11 454 3420.

11. Consent

These Terms and Conditions contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms and Conditions.

It is therefore important that you familiarise yourself with these provisions before you access the sites and that you not access the sites if you do not agree to abide by those provisions.

By visiting our clients’ mcidirecthire.com website, you also consent to us using your personal information as set out in our Privacy Policy.

Direct Hire respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing your personal information to prevent unauthorised access to such information. You agree that we may collect, store and use certain personal information about you in accordance with our Privacy Policy.