Unique Total Recruitment Solutions (Pty) Ltd (hereinafter referred to as "the Company") and the undersigned business partner (hereinafter referred to as "the Customer") agree to be bound by the following Terms and Conditions:
1.1. By accessing the Company’s online platform ("TRS"), the Customer acknowledges and agrees to all Terms and Conditions stated herein, including the use of TRS, its content, facilities, and services.
1.2. If you do not agree with these Terms and Conditions, you must immediately discontinue use of TRS.
1.3. The Company reserves the right to amend these Terms and Conditions at any time. Continued use of TRS after changes have been posted will constitute acceptance of those changes.
1.4. Definitions:
1.4.1. "cookies" – Files stored on the Customer’s device to identify prior visits to TRS.
1.4.2. "service" – The access to and use of the TRS online platform, including browser interface, encryption, data transmission and storage.
1.4.3. "TRS" – The online platform provided by the Company to the Customer.
1.4.4. "we", "us", "our" – Unique Total Recruitment Solutions (Pty) Ltd.
1.4.5. "you", "your" – The Customer or registered user of TRS, including advertisers where applicable.
2.1. In order to gain access to TRS, a user account is required which only authorized customers can gain access thereto.
2.2. User accounts cannot be shared or used by more than one Customer, however, may be transferred if a previous user becomes inactive.
2.3. The Company may access the Customer’s TRS account including data contained therein to respond to technical issues or as otherwise stated in terms of this Agreement.
2.4. The Company uses a persistent cookie to help save and retrieve usernames used on TRS. TRS issues a session cookie only to record encrypted authentication information for the duration of a specific session.
3.1. The Customer is held liable for all its actions whilst using the TRS services.
3.2. The Customer has the duty to notify the Company of any unauthorised use of the password to gain access to TRS, or in the event of a suspected breach by the Customer.
3.3. TRS’ content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality arising from such inaccuracies and typographical errors.
3.4. The content of and information appearing on TRS may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on TRS.
3.5. We accept no responsibility for keeping the information and content on TRS up to date nor do we accept any liability for any failure to do so.
3.6. The information appearing on TRS is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
3.7. Through TRS, we present advertorial content and information. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.
3.8. The Company does not own any data, information or material submitted to TRS unless same has been specifically identified as being owned.
3.9. The Company will not monitor, edit or disclose any information regarding the Customer or the Customer’s account unless as identified in terms of this Agreement, or otherwise as required by law.
4.1. We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered between the Customer and the Company arising from communications addressed to us on TRS.
4.2. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion.
4.3. As such, any information contained on TRS cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
5.1. The Customer herein indemnifies the Company, TRS, its licensors and each party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents against all and any claim for cost, damages, losses, liability and expenses (including legal fees and costs incurred) arising out of or in connection with any unauthorised or improper use of the Service or Content or any breach of this Agreement by the Customer.
5.2. The Company, TRS & its licensors shall not be held liable in the following, not limited to, circumstances: Any unauthorised access to, or alteration of transmissions, material and information and/or data sent or received; Transactions entered using TRS; Any failure by the Customer to abide by this agreement; Any loss in business due to server downtime; & Any deletion, correction, destruction, damage, loss/failure by the Customer to store any data.
5.3. The Customer shall be held liable for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data and information contained on TRS.
5.4. The Customer agrees to abide by all applicable local, international and foreign laws, treaties and regulations in connection with TRS. In addition, the Customer agrees not to use TRS from the service to:
5.4.1 Send unsolicited or unauthorised email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
5.4.2 Harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
5.4.3 Transmit through or post on the Service unlawful, immoral, libelous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material or any kind or nature or which is harmful to minors in any way;
5.4.4 Transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity;
5.4.5 Transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots;
5.4.6 Interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
5.4.7 Attempt to gain unauthorised access to TRS, other accounts, computer systems or networks connected to TRS by password mining or any other means; or
5.4.8 Harass or interfere with another Customer’s use and enjoyment of TRS.
5.5 The Company shall be liable for all server maintenance and backup procedures which are done daily for the recovery of the server in the case of a catastrophic event.
5.6 The Company will not provide Customers with an archiving or rollback service.
5.7. The Company cannot guarantee the continual uptime of the TRS main server. In the event of a downtime, the Company will attempt to recover the service in the quickest possible time and will offer Customers telephonic and email support at no additional cost. Such service is available 09:00 to 16:00 on weekdays. If a consultant must go to the Customer’s premises, a callout fee will be charged.
5.8. The Company and/or TRS exclude all representations and warranties relating to the access to and use of TRS, whether they are statutory or otherwise, as far as is possible by law.
5.9. We make no warranty that TRS is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
5.10. The Company and/or TRS is not liable for any failure to perform any of our obligations under these Terms and Conditions due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, government actions, power failures, or internet disruptions (“Force Majeure Events”). The affected party shall notify the other party promptly of such an event and take reasonable steps to mitigate its impact. If a Force Majeure Event continues for more than thirty (30) days, either party may terminate this Agreement by written notice without liability, except for obligations accrued prior to the event.
5.11. Neither party’s aggregate liability shall exceed the amounts by and/or due from the Customer in the twelve (12) month period immediately preceding the event giving rise to such a claim.
5.12. Neither party nor its licensors shall be liable to anyone for indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including but not limited to loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected to TRS, including but not limited to the use or inability to use TRS, or any content obtained from TRS, even where the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damage.
5.13. Neither party nor its licensors shall be liable to anyone for any direct damages of any type or kind (including loss of profits), or for any indirect, punitive, special, exemplary, or consequential damages (including loss of profits), arising under this agreement or from performance based in contract, negligence, strict liability or otherwise, whether or not they had any knowledge, actual or constructive, that such damages might be incurred, or for any interruption, inaccuracy, error or omission, regardless of the cause, in the content.
5.14 Right of Termination: The Company reserves the right to suspend or terminate the Customer’s access to TRS services with immediate effect, without notice, under any of the following circumstances: Breach of any provision of these Terms and Conditions; Suspicion of misuse, fraud, or unauthorized access; Compliance with legal or regulatory obligations; Operational, security, or business necessity as determined solely by the Company. Termination shall be effected by written notice via email or platform notification and shall be deemed effective immediately upon sending.
6.1. The Company warrants that TRS will perform substantially in accordance with the functions described in the online TRS.
6.2. Except as provided for in 6.1 above:
6.2.1. The Company and its licensors make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content.
6.2.2. TRS software and its licensors do not represent or warrant that:
6.2.2.1. The use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
6.2.2.2. The service will meet your requirements or expectations;
6.2.2.3. Any stored data will be accurate or reliable;
6.2.2.4. The quality of any products, services, information or other material purchased or obtained by you through the service will meet your requirements or expectations;
6.2.2.5. Errors or defects will be corrected; or
6.2.2.6. The service or the services that make the service available are free from viruses or other harmful components;
6.2.3. The service and all content is provided to you on a strictly “as is” basis;
6.2.4. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company and its licensors.
7.1. The Customer has no right, title or interest in or to the Company, TRS or its licensors, including, without limitation, documentation, stories, articles, text, images, and other multimedia data and all such right, title and interest shall remain exclusively with the Company and its licensors as applicable.
7.2. The Company will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to TRS. The Customer agrees to assign such submissions to the Company free of charge. Such submissions may be used by the Company as it deems appropriate in its sole discretion.
7.3. All intellectual property including trademarks, names and logos, whether registered or not, embodied in TRS’ content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms and Conditions in any way confers on you any licence or right under any trademarks, names or logos.
7.4. Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of TRS or authorise any person, or procure any other person to do so. The Customer may not cache any of the contents for access by third parties nor mirror or frame any of the content of TRS nor incorporate it into another website, or authorise or procure any other person to do so, without the Company’s express written permission.
8.1. TRS contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content.
8.2. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
You may establish a hypertext link to the home page of TRS, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.
A user account is registered when the Customer provides the Company with current, complete and accurate information in terms of the registration form, and such information is accepted by the Company as being true and correct. Where such information does not comply with the standards as accepted by the Company, access to TRS shall be suspended or terminated.
We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise TRS by gaining unauthorised access to any other user’s page on TRS or by delivering or attempting to deliver any unauthorised or harmful code to TRS.
12.1. The Company may give notice by means of a general notice on TRS, electronic mail to the Customer’s email address on record in TRS’s account information. Such notice shall be deemed to have been given upon the expiration of seventy-two (72) hours after mailing or posting (if sent by first-class mail or pre-paid registered post) or twenty-four (24) hours after sending (if sent by email). Notice shall be deemed to be given when received by TRS at any time in the following manner:
12.1.1. Email to trs@totalrecruitment.solutions;
12.2. This agreement shall not be assigned by the Customer without the prior written approval of the Company but may be assigned by the Company to:
12.2.1. A parent or subsidiary;
12.2.2. An acquirer of assets; or
12.2.3. A successor by merger.
12.3. We reserve the right to assign or subcontract any or all our rights and obligations under these Terms and Conditions to a third party.
12.4. You may not, without our prior written consent, assign or dispose of any rights or obligations arising under these Terms and Conditions.
12.5. We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time and to take notice of any changes we made, as they are binding on you.
12.6. Some provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on TRS.
12.7. If any of the provisions of these Terms and Conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
12.8. These Terms and Conditions, together with our privacy policy in terms of the Protection of Personal Information Act No. 4 of 2013 (“POPI”), contain the entire agreement and understanding between you and us relating to TRS, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
12.9. The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from these Terms and Conditions; the use or inability to use TRS and/or information contained on TRS.
13.1. If you have any questions, comments or concerns arising from TRS, the privacy policy or any other relevant terms and conditions, policies and notices, or the way in which we are handling your personal information, please contact us at:
13.1.1. Email: trs@totalrecruitment.solutions;
13.2. To view our standard placement Terms and Conditions, please request these via the contact details above.
14.1. The Company is committed to protecting your personal information in accordance with the Protection of Personal Information Act No. 4 of 2013 (“POPI”). Our privacy policy, which forms part of these Terms and Conditions, governs the collection, use, storage, and disclosure of your personal information submitted via TRS.
14.2. By using TRS, you consent to the processing of your personal information as outlined in our privacy policy, available upon request or accessible via TRS where indicated.
14.3. The Company will not disclose your personal information to third parties except as required by law, as permitted by this Agreement, or with your explicit consent.
15.1. Any dispute arising out of or relating to these Terms and Conditions shall first be addressed through good faith negotiations between the Company and the Customer within thirty (30) days of written notice.
15.2. If unresolved, the dispute shall be referred to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg, South Africa.
15.3. If mediation fails, the dispute shall be resolved by arbitration under AFSA rules, with the arbitrator’s decision being final and binding.
16.1. Each party agrees to keep confidential all information disclosed by the other that is marked as confidential or reasonably should be understood as such (“Confidential Information”), including customer data and TRS technical details.
16.2. Confidential Information shall not be disclosed to third parties except as required by law or with prior written consent.
16.3. This confidentiality obligation shall survive termination of this Agreement for a period of two (2) years, unless otherwise required by applicable law.